Amended in Assembly April 11, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2698

Introduced by Assembly Member Weber

February 19, 2016

An act to add begin insert and repeal end insert Chapter 6.5 (commencing with Section 52080) begin delete to end delete begin insert of end insert Part 28 of Division 4 of Title 2 of the Education Code, relating to school accountability.

LEGISLATIVE COUNSEL’S DIGEST

AB 2698, as amended, Weber. School accountability: school climate and restorative justice: begin delete assessments: professional development. end delete begin insert assessments. end insert

(1) Existing law establishes the Public Schools Accountability Act of 1999 to, among other things, ensure that each child in California receives a high-quality education consistent with all statewide content and performance standards, as specified.

This bill begin delete would, on or before September 1, 2017, end delete begin insert would end insert require begin delete low-performing end delete begin insert high-need end insert schools, as begin delete designated by the State Department of Education, end delete begin insert defined, on or before September 1, 2017, end insert to begin delete conduct end delete begin insert begin and, on or before July 1, 2018, to complete end insert a school climate assessment, as specified. The bill would require every assessed school to take steps to ensure that responses to school climate assessments remain anonymous and that no individual is identified. The bill would require these schools to publish the results of the assessment on their Internet Web sites, provided that personally identifiable information or information that can reasonably lead a reader to identify an individual is not shared. The bill would require the outcomes resulting from a school climate assessment to be shared through meaningful engagement and collaboration with pupils, parents, begin delete faculty, end delete begin insert teachers, end insert and begin delete staff end delete begin insert school personnel end insert to develop corrective action recommendations that address the assessment outcomes and would require the recommendations to be incorporated and implemented by the school begin insert district end insert no later than one year after completion of the assessment, except as provided. By imposing additional duties on school officials, the bill would impose a state-mandated local program. begin delete The bill would require the Legislative Analyst, on or before January 1, 2022, to compile data of changes in pupil academic achievement levels at low-performing schools, including a breakdown by pupil ethnicity, and provide a report to the department, the Governor, and the appropriate legislative budget and policy committees. end delete

begin delete

(2) Existing law establishes various professional development and training programs for certificated employees of local educational agencies.

end delete begin delete

This bill would require the State Department of Education to oversee the establishment of specific professional development activities and workshops that result in professional development support programs and a network of trainers to expand restorative justice programs, pupil social and emotional support, trauma-informed practices, and cultural competency in regions of the state with identified low-performing schools, as specified. The bill would require the department to convene an advisory committee comprised of stakeholders and professionals who have participated in the development and expansion of these programs to assist in the professional development planning and implementation. The bill would require low-performing schools designated by the department to provide identified professional development programs on or before September 1, 2018. By imposing additional duties on school officials, the bill would impose a state-mandated local program. The bill would require the Legislative Analyst, on or before January 1, 2022, to compile data of the chronic absenteeism, suspension, expulsion, and dropout rates of the targeted schools and provide a report to the department, the Governor, and the appropriate legislative budget and policy committees, as specified.

end delete begin insert

The bill would require the State Department of Education to develop and post to an easily accessible page on the department’s Internet Web site a listing of available school climate assessment instruments and organizations. The bill would require the department to convene an advisory committee comprised of stakeholders and professionals who have participated in the development and expansion of alternative discipline programs, such as restorative justice and positive behavioral interventions and supports, to make recommendations to the department. The bill would require the Legislative Analyst’s Office, on or before January 1, 2023, to compile data of the changes in pupil academic achievement at targeted high-need schools, including a breakdown by pupil ethnicity, and chronic absenteeism, suspension, expulsion, and dropout rates of the targeted schools and provide a report to the department, the Governor, and the appropriate legislative budget and policy committees, as specified.

end insert begin insert

The bill would repeal these provisions on July 1, 2023.

end insert begin delete

(3) This bill would provide that its provisions shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute. The bill would also make legislative findings and declarations relating to its provisions.

end delete begin delete

(4)

end delete

begin insert (2) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

(a) It is the intent of the Legislature to improve
pupil academic outcomes at begin delete low-performing end delete begin insert high-need,
low-achieving end insert schools by improving school climates to provide a
strong foundation for academic improvement efforts.

(b) The Legislature finds and declares all of the following
relating to school climate:

(1) A school’s climate is a social justice issue, as the state loses
generations of pupils from poor and underserved communities
with few options but to enroll in begin delete low-performing end delete begin insert high-need,
low-achieving end insert schools.

(2) Over 20 years of research has confirmed that a positive
school climate is directly related to pupil academic achievement
and that school climate is the single most dominant predictor we
now have of pupil academic achievement levels.

(3) The United States Department of Education recommends
school climate reform as an evidence-based strategy to prevent
school violence.

(4) The federal Centers for Disease Control and Prevention
recommends school climate reform as a scientifically sound
strategy that promotes healthy relationships, school connectedness,
and pupil retention.

(5) The federal Institute of Education Sciences includes school
climate as a strategy for dropout prevention.

(6) Perceptions about school climate impact teacher morale and
pupil achievement. A positive school climate benefits pupils,
teachers, school administrators, school personnel, and parents;
teachers are motivated to teach and pupils are motivated to learn.

(7) Without school climate assessments, begin delete educators end delete begin insert teachers end insert and
education leaders lack a comprehensive understanding of the tools
and steps needed to address low pupil achievement levels, pupil
dropout rates, pupil suspensions, and pupil chronic absenteeism.

(8)  begin delete School end delete begin insert The use of school end insert climate assessments begin delete are end delete begin insert is end insert an
effective data-driven strategy that begin delete engage end delete begin insert engages end insert pupils, teachers,
school administrators, school personnel, and parents working
together to create safe, supportive, engaging, and successful
schools.

(9) Positive school climates are stable over time absent any
systematic effort to change climate components.

(10) The meaningful input and perspectives of pupils, commonly
absent in school decisionmaking, are essential components of
school climate assessments to improve pupil emotional and social
well-being.

(11) No instances of successful turnaround schools, which are
schools that transformed begin delete low-performing, high-poverty end delete begin insert from
high-need, low-achieving end insert schools into high-performing schools,
have been found that did not address school climate.

(12) Factors affecting a school’s climate that recognize the
social, emotional, and academic aspects of K-12 pupil learning
can be accurately measured and assessed.

(c) The Legislature finds and declares all of the following
regarding begin insert alternative discipline programs, such as end insert restorative

begin delete justice: end delete begin insert justice and positive behavioral interventions and supports: end insert

(1) California K-12 schools issued more than half a million
suspensions in the 2013-14 school year, with pupils of color
disproportionately subjected to out-of-school suspensions.

(2) African American pupils are three times more likely to be
suspended than all other pupils, and studies show that pupils of
color are disciplined more harshly than other pupils, resulting in
serious, negative educational consequences.

(3) A recent begin delete UCLA end delete begin insert University of California, Los Angeles end insert study
concluded that African American pupils who are expelled from
school have a 90-percent likelihood of being placed in a state
correctional institution.

(4) Exclusionary school removals cause a number of correlated
negative educational, economic, and social problems, including
school avoidance, an increased likelihood of dropping out, and
engagement with the juvenile justice system. This civil rights crisis
has come to be known as the school-to-prison pipeline.

(5) The American Academy of Pediatrics has found that
suspension can increase stress and may predispose pupils to
antisocial behavior and suicidal ideation.

(6) Psychologists have found that disciplinary exclusion can
increase pupil shame, alienation, rejection, and the breaking of
healthy adult bonds, thereby exacerbating negative mental health
outcomes for young people.

(7)  begin delete Restorative end delete begin insert Alternative discipline programs, such as
restorative end insert justice begin delete programs end delete begin insert and positive behavioral interventions
and supports, end insert are begin delete a end delete healing begin delete practice end delete begin insert practices end insert that focus on
repairing harm and preventing begin delete their end delete begin insert its end insert recurrence.

(8) Restorative practice, which builds upon restorative justice,
is used to build a sense of school community and restore positive
relationships through the use of restorative circles where pupils
and begin delete educators end delete begin insert teachers end insert work together to set academic goals,
develop classroom core values, and resolve conflicts.

(9) A 2011-14 study prepared for the United States Department
for Education’s Office for Civil Rights on restorative justice in the
Oakland Unified School District (OUSD) concluded that (A) the
discipline gap between white and African American pupils
decreased significantly for OUSD pupils who participated in
restorative justice programs, but remained unchanged for pupils
who did not participate in these programs, (B) that there was a
128-percent increase in the reading levels of 9th grade pupils at
OUSD schools with restorative justice programs, compared to an
11-percent increase in schools without such programs, and (C)
four-year graduation rates increased by 60 percent at OUSD
restorative justice schools compared to 7 percent for nonrestorative
justice schools.

SEC. 2.  

Chapter 6.5 (commencing with Section 52080) is added
to Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Chapter  6.5. School Climate and begin delete Restorative Justice end delete
begin insert Student Achievement end insert Act

 

52080.  

This chapter shall be known, and may be cited, as the
School Climate and begin delete Restorative Justice end delete begin insert Student Achievement end insert Act.

52081.  

(a) The Legislature finds that begin insert creating end insert a sustainable,
positive school climate fosters youth development; higher pupil
achievement; lower dropout, suspension, and absenteeism rates;
decreased incidences of violence; and increased teacher retention
and begin delete includes end delete begin insert results in end insert the following begin delete factors end delete begin insert outcomes end insert that directly
impact K-12 pupils, teachers, school administrators, school
personnel, and parents:

(1)  begin delete Whether pupils, educators, end delete begin insert Pupils, teachers, end insert school
administrators, school personnel, and parents are engaged and
respected.

(2)  begin delete Whether individuals end delete begin insert Individuals end insert feel socially, emotionally,
and physically safe begin delete and whether relations end delete and relationships with
and among youth are prioritized.

(3)  begin delete Whether pupils, educators, end delete begin insert Pupils, teachers, end insert school
administrators, school personnel, and parents work together to
develop and contribute to a shared school vision.

(4)  begin delete Whether educators end delete begin insert Teachers end insert and school administrators,
incorporating the views of pupils, model and nurture attitudes that
emphasize the benefits and satisfaction gained from learning based
on high academic expectations.

(5)  begin delete Whether each end delete begin insert Each end insert individual contributes to the operations
and climate of the school.

(6)  begin delete Whether disciplinary end delete begin insert Disciplinary end insert practices are assessed
and an effort is made to utilize practices that promote positive
interventions.

(7)  begin delete Whether collaboration end delete begin insert Collaboration end insert and cooperation replace
a school climate of confrontation and mistrust, and inclusiveness
becomes the norm.

(b) The Legislature finds that begin delete restorative justice end delete begin insert alternative
discipline end insert programs and practices foster all of the following:

(1) Positive relationships among pupils, begin delete educators, end delete begin insert teachers, end insert
school administrators, school personnel, and parents.

(2) A school community based on trust, respect, and inclusion.

(3) A reduction in pupil disciplinary actions, expulsions,
suspensions, and chronic absenteeism and the lowering of stress
and antisocial behavior.

(4) Improved mental health and pupil academic outcomes.

52082.  

For purposes of this chapter, the following terms have
the following meanings:

(a) (1)  begin delete “Low-performing school” means a low-performing
school, as designated by the department, which shall incorporate
chronic absenteeism rates, suspension rates, expulsion rates, and
dropout rates in making its designations. end delete begin insert “High-need schools,” as
also defined by the federal Every Student Succeeds Act (20 U.S.C.
Sec. 6301 et seq.), means a public elementary or secondary school
that is located in an area in which the percentage of pupils from
families with incomes below the poverty line is 30 percent or more. end insert

(2) A begin delete low-performing end delete begin insert high-need end insert school could be a school
operated by a school district, a school operated by a county office
of education, or a charter school.

(b) “School climate” means the quality, culture, and character
of school life, based on the patterns of pupils’, begin insert teachers’, end insert school
personnel’s, and parents’ school life perceptions and experiences,
and reflects a school’s norms, goals, values, expectations for
behavior, interpersonal relationships, teaching and learning
practices, safety, and organizational structures. School climate is
a learning environment created through the interaction of personal
relationships, physical setting, and psychological conditions.

(c) “School climate assessment” means an evaluation of a
school’s begin delete climate end delete begin insert climate, as defined pursuant to subdivision (b), end insert
to assess existing school begin delete climate and end delete culture begin insert and end insert to begin delete inform school end delete
begin insert provide information to influence pupil end insert academic begin insert outcome end insert
improvements, and that incorporates the use of pupil, teacher,
school administrator, school personnel, and parent individual and
group surveys, interviews, school begin delete data, end delete begin insert data analysis, end insert and direct
observations.

(d)  begin delete “Restorative justice” end delete begin insert “Alternative discipline programs, such
as restorative justice and positive behavioral interventions and
supports,” end insert means a set of ethical principles and practices grounded
in the values of showing respect, taking responsibility, and
strengthening pupil relationships that prevent, respond to, and
repair harmful pupil behaviors, enabling school personnel to
intervene more effectively by increasing pupil support without
compromising accountability.

52083.  

(a) On or before September 1, 2017, begin delete low-performing end delete
begin insert high-need end insert schools shall begin delete conduct end delete begin insert begin and, on or before July 1,
2018, complete end insert a school climate assessment, consistent with the
provisions of this chapter.

(b) (1) Every assessed school shall take steps to ensure that
responses to school climate assessments remain anonymous and
that no individual is identified. These schools shall publish the
results of the assessment on their Internet Web sites, provided that
personally identifiable information or information that can
reasonably lead a reader to identify an individual shall not be
shared.

(2) Outcomes resulting from a school climate assessment shall
be shared through meaningful engagement and collaboration with
pupils, begin delete parents, faculty, end delete begin insert teachers, school personnel, end insert and begin delete staff end delete
begin insert parents end insert to develop corrective action recommendations begin insert through
school district local control and accountability plan committees end insert
that address the assessment outcomes.

(A) The recommendations shall be incorporated and
implemented by the school begin insert district end insert no later than one year after
completion of the assessment.

(B) If the recommendations are not begin delete implemented, end delete begin insert implemented
within one year of the completion of the assessment, end insert the begin insert governing
board of the end insert school begin delete shall provide a report to the department end delete begin insert district
shall, within 60 days, hold a public meeting end insert explaining its reasons
for not executing corrective actions.

begin delete

(c) On or before January 1, 2022, the Legislative Analyst’s
Office shall compile data of changes in pupil academic achievement
levels at low-performing schools, including a breakdown by pupil
ethnicity, and provide a report to the department, the Governor,
and the appropriate legislative budget and policy committees.

end delete

52084.  

(a)  begin delete (1) end delete begin delete   end delete The department shall begin delete oversee the establishment
of specific professional development activities and workshops that
result in professional development support programs and a network
of trainers to expand restorative justice programs, pupil social and
emotional support, trauma-informed practices, and cultural
competency in regions of the state with identified low-performing
schools. end delete begin insert develop and post to an easily accessible page on the
department’s Internet Web site a listing of available school climate
assessment instruments and organizations. end insert

begin delete

(2)

end delete

begin insert (b) end insert  The department shall convene an advisory committee
comprised of stakeholders and professionals who have participated
in the development and expansion of begin delete these programs end delete begin insert alternative
discipline programs, such as restorative justice and positive
behavioral interventions and supports, end insert to begin delete assist in the professional
development planning and implementation. end delete begin insert make recommendations
to the department that take into account the following: end insert

begin delete

(3) Low-performing schools designated by the department shall
provide identified professional development programs on or before
September 1, 2018.

(b) In the development of these programs, the department shall
take into account the following:

(1) Linking research-based strategies with local control and
accountability plans and local control funding formula
apportionments, specifically with respect to school climate and
meaningful pupil engagement.

(2) Stipends for release time for school personnel attending
identified professional development programs.

end delete begin insert

(1) Improving pupil social and emotional support and expanding
trauma-informed practices and cultural competency in regions of
the state with identified high-need schools.

end insert begin delete

(3)

end delete

begin insert (2) end insert  Collecting best practices of existing districtwide, countywide,
begin delete or end delete begin insert and end insert charterwide begin insert alternative discipline end insert programs and ensuring
these best practices are widely disseminated.

begin delete

(4)

end delete

begin insert (3) end insert  Developing a network of begin delete educators end delete begin insert teachers end insert who have
effectively implemented these best practices and can provide
training to other schools and school districts, county offices of
education, and charter schools.

begin delete

(5)

end delete

begin insert (4) end insert  Developing evaluation tools to measure the effectiveness of
research-based begin insert alternative discipline end insert strategies.

(c) On or before January 1, begin delete 2022, end delete begin insert 2023, end insert the Legislative Analyst’s
Office shall compile data of the begin insert changes in pupil academic
achievement at targeted high-need schools, including a breakdown
by pupil ethnicity, and end insert chronic absenteeism, suspension, expulsion,
and dropout rates of the targeted schools and provide a report to
the department, the Governor, and the appropriate legislative
budget and policy committees. The report shall also compile a list
of best practices used to accomplish improvements in academic
outcomes and a reduction in disciplinary actions.

52085.  

This chapter shall begin delete not be implemented unless funding
is provided for its purposes in the annual Budget Act or another
enacted statute. end delete begin insert remain in effect only until July 1, 2023, and as of
that date is repealed, unless a later enacted statute, that is enacted
before July 1, 2023, deletes or extends that date. end insert

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.