Amended in Senate March 28, 2016

Senate Bill No. 1156

Introduced by Senator Huff

February 18, 2016

An act to begin delete amend Section 52052 end delete begin insert amend, repeal, and add Sections 48352, 48354, and 48356 end insert of the Education Code, relating to school accountability.

LEGISLATIVE COUNSEL’S DIGEST

SB 1156, as amended, Huff. School accountability: begin delete Academic Performance Index. end delete begin insert Open Enrollment Act: low-achieving schools. end insert

begin insert

Commencing with the 2017-18 school year, the federal Elementary and Secondary Education Act of 1965, as amended by the federal Every Student Succeeds Act, requires the state to identify schools for comprehensive support and improvement pursuant to specified accountability system requirements.

end insert begin insert

Existing state law, the Open Enrollment Act, authorizes the parent of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district other than the school district in which the parent resides, as specified. The act defines “low-achieving school” to mean a school on a list created annually by the Superintendent of 1,000 schools ranked by increasing Academic Performance Index score with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008-09 school year.

end insert begin insert

Commencing July 1, 2017, this bill would instead define a “low-achieving school” for purposes of the Open Enrollment Act to include, among others, a school identified by the Superintendent or the State Board of Education for comprehensive support and improvement pursuant to federal specified accountability system requirements, including, among others, a school identified as being in the lowest performing 5% of all schools, or a high school failing to graduate 1⁄3 or more of its pupils. The bill would also make conforming changes. To the extent the bill would expand the duties of school districts under the Open Enrollment Act, the bill would impose a state-mandated local program.

end insert begin 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.

end insert begin insert

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.

end insert begin delete

Existing law requires the Superintendent of Public Instruction, with approval of the State Board of Education, to develop an Academic Performance Index, to measure the performance of schools and school districts, especially the academic performance of pupils.

end delete begin delete

This bill would make nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 48352 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

48352.  

begin insert (a) end insert begin insert   end insert For purposes of this article, the following definitions
apply:

begin delete

(a)

end delete

begin insert (1) end insert  “Low-achieving school” means any school begin delete identified end delete begin insert on a
list created end insert by the Superintendent pursuant to the following:

begin delete

(1) Excluding the schools, and taking into account the impact
of the criteria in paragraph (2),

end delete

begin insert (A) end insert begin insert   end insert begin insert Consistent with subparagraph (B), end insert the Superintendent
annually shall create a list of 1,000 schools ranked by increasing
API with the same ratio of elementary, middle, and high schools
as existed in decile 1 in the 2008-09 school year.

begin delete

(2)

end delete

begin insert (B) end insert  In constructing the list of 1,000 schools each year, the
Superintendent shall ensure each of the following:

begin delete

(A)

end delete

begin insert (i) end insert  A local educational agency shall not have more than 10
percent of its schools on the list. However, if the number of schools
in a local educational agency is not evenly divisible by 10, the
Superintendent shall round up to the next whole number of schools.

begin delete

(B)

end delete

begin insert (ii) end insert  Court, community, or community day schools shall not be
included on the list.

begin delete

(C)

end delete

begin insert (iii) end insert  Charter schools shall not be included on the list.

begin delete

(b)

end delete

begin insert (2) end insert  “Parent” means the natural or adoptive parent or guardian
of a dependent child.

begin delete

(c)

end delete

begin insert (3) end insert  “School district of enrollment” means a school district other
than the school district in which the parent of a pupil resides, but
in which the parent of the pupil nevertheless intends to enroll the
pupil pursuant to this article.

begin delete

(d)

end delete

begin insert (4) end insert  “School district of residence” means a school district in
which the parent of a pupil resides and in which the pupil would
otherwise be required to enroll pursuant to Section 48200.

begin insert

(b) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 48352 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 48352. end insert   

(a) For purposes of this article, the following
definitions apply:

(1) “Low-achieving school” means either of the following:

(A) A school that is identified by the Superintendent or the state
board for comprehensive support and improvement pursuant to
the accountability system requirements of the federal Elementary
and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as
amended by the federal Every Student Succeeds Act (Public Law
114-95), including all of the following:

(i) A school identified as being in the lowest performing 5
percent of all schools.

(ii) A high school that fails to graduate one-third or more of its
pupils.

(iii) A school subject to a mandatory targeted support and
improvement plan.

(B) A school receiving mandatory assistance pursuant to
subdivision (f) of Section 52074.

(2) “Parent” means the natural or adoptive parent or guardian
of a dependent child.

(3) “School district of enrollment” means a school district other
than the school district in which the parent of a pupil resides, but
in which the parent of the pupil nevertheless intends to enroll the
pupil pursuant to this article.

(4) “School district of residence” means a school district in
which the parent of a pupil resides and in which the pupil would
otherwise be required to enroll pursuant to Section 48200.

(b) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 48354 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48354.  

(a) The parent of a pupil enrolled in a low-achieving
school may submit an application for the pupil to attend a school
in a school district of enrollment pursuant to this article.

(b) (1) Consistent with the requirements of Section
1116(b)(1)(E) of the federal Elementary and Secondary Education
Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first
day of the school year, or, if later, on the date the notice of program
improvement, corrective action, or restructuring status is required
to be provided under federal begin delete law end delete begin insert law, end insert the begin insert school end insert district of
residence shall provide the parents and guardians of all pupils
enrolled in a begin delete school end delete begin insert low-achieving school, as end insert determined begin delete in end delete
begin insert pursuant to paragraph (1) of end insert subdivision (a) of Section begin delete 48352 end delete
begin insert 48352, end insert with notice of the option to transfer to another public school
served by the school district of residence or another school district.

(2) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district of
enrollment begin delete prior to end delete begin insert before end insert January 1 of the school year preceding
the school year for which the pupil is requesting to transfer. The
school district of enrollment may waive the deadline specified in
this paragraph.

(3) The application deadline specified in paragraph (2) does not
apply to an application requesting a transfer if the parent, with
whom the pupil resides, is enlisted in the military and was relocated
by the military within 90 days begin delete prior to end delete begin insert before end insert submitting the
application.

(4) The application may request enrollment of the pupil in a
specific school or program within the school district of enrollment.

(5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval
of his or her application.

(6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of enrollment
shall establish a period of time for resident pupil enrollment begin delete prior
to end delete begin insert before end insert accepting transfer applications pursuant to this article.

begin insert

(c) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 48354 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 48354. end insert   

(a) The parent of a pupil enrolled in a low-achieving
school may submit an application for the pupil to attend a school
in a school district of enrollment pursuant to this article.

(b) (1) Consistent with the authorization in Section
1111(d)(1)(D) of the federal Elementary and Secondary Education
Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every
Student Succeeds Act (Public Law 114-95), on or before the first
day of the school year, or, if later, on the date of the notice of
identification of schools for comprehensive support and
improvement, the school district of residence shall provide the
parents and guardians of all pupils enrolled in a low-achieving
school, as determined pursuant to paragraph (1) of subdivision
(a) of Section 48352, with notice of the option to transfer to another
public school served by the school district of residence or another
school district.

(2) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district of
enrollment before January 1 of the school year preceding the
school year for which the pupil is requesting to transfer. The school
district of enrollment may waive the deadline specified in this
paragraph.

(3) The application deadline specified in paragraph (2) does
not apply to an application requesting a transfer if the parent, with
whom the pupil resides, is enlisted in the military and was relocated
by the military within 90 days before submitting the application.

(4) The application may request enrollment of the pupil in a
specific school or program within the school district of enrollment.

(5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval
of his or her application.

(6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of enrollment
shall establish a period of time for resident pupil enrollment before
accepting transfer applications pursuant to this article.

(c) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 48356 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48356.  

(a) A school district of enrollment may adopt specific,
written standards for acceptance and rejection of applications
pursuant to this article. The standards may include consideration
of the capacity of a program, class, grade level, school building,
or adverse financial impact. Subject to subdivision (b), and except
as necessary in accordance with Section 48355, the standards shall
not include consideration of a pupil’s previous academic
achievement, physical condition, proficiency in the English
language, family income, or any of the individual characteristics
set forth in Section 200.

(b) In considering an application pursuant to this article, a
nonresident school district may apply its usual requirements for
admission to a magnet school or a program designed to serve gifted
and talented pupils.

(c) Subject to the rules and standards that apply to pupils who
reside in the school district of enrollment, a resident pupil who is
enrolled in one of the begin insert school end insert district’s schools pursuant to this
article shall not be required to submit an application in order to
remain enrolled.

(d) A school district of enrollment shall ensure that pupils
enrolled pursuant to standards adopted pursuant to this section are
enrolled in a school with a higher Academic Performance Index
than the school in which the pupil was previously enrolled and are
selected through a random, unbiased process that prohibits an
evaluation of whether or not the pupil should be enrolled based
on his or her individual academic or athletic performance, or any
of the other characteristics set forth in subdivision (a), except that
pupils applying for a transfer pursuant to this article shall be
assigned priority for approval as follows:

(1) First priority for the siblings of children who already attend
the desired school.

(2) Second priority for pupils transferring from a program
improvement school ranked in decile 1 on the Academic
Performance begin delete Index end delete begin insert Index, as end insert determined pursuant to begin insert paragraph
(1) of end insert subdivision (a) of Section 48352.

(3) If the number of pupils who request a particular school
exceeds the number of spaces available at that school, a lottery
shall be conducted in the group priority order identified in
paragraphs (1) and (2) to select pupils at random until all of the
available spaces are filled.

(e) The initial application of a pupil for transfer to a school
within a school district of enrollment shall not be approved if the
transfer would require the displacement from the desired school
of any other pupil who resides within the attendance area of that
school or is currently enrolled in that school.

(f) A pupil approved for a transfer to a school district of
enrollment pursuant to this article shall be deemed to have fulfilled
the requirements of Section 48204.

begin insert

(g) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 48356 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 48356. end insert   

(a) A school district of enrollment may adopt specific,
written standards for acceptance and rejection of applications
pursuant to this article. The standards may include consideration
of the capacity of a program, class, grade level, school building,
or adverse financial impact. Subject to subdivision (b), and except
as necessary in accordance with Section 48355, the standards
shall not include consideration of a pupil’s previous academic
achievement, physical condition, proficiency in the English
language, family income, or any of the individual characteristics
set forth in Section 200.

(b) In considering an application pursuant to this article, a
nonresident school district may apply its usual requirements for
admission to a magnet school or a program designed to serve
gifted and talented pupils.

(c) Subject to the rules and standards that apply to pupils who
reside in the school district of enrollment, a resident pupil who is
enrolled in one of the school district’s schools pursuant to this
article shall not be required to submit an application in order to
remain enrolled.

(d) A school district of enrollment shall ensure that pupils
enrolled pursuant to standards adopted pursuant to this section
are enrolled in a school not identified as being low-achieving
pursuant to paragraph (1) of subdivision (a) of Section 48352 and
are selected through a random, unbiased process that prohibits
an evaluation of whether or not the pupil should be enrolled based
on his or her individual academic or athletic performance, or any
of the other characteristics set forth in subdivision (a), except that
pupils applying for a transfer pursuant to this article shall be
assigned priority for approval as follows:

(1) First priority for the siblings of children who already attend
the desired school.

(2) Second priority for unduplicated pupils, as defined in
paragraph (1) of subdivision (b) of Section 42238.02, transferring
from a low-achieving school, as determined pursuant to paragraph
(1) of subdivision (a) of Section 48352.

(3) If the number of pupils who request a particular school
exceeds the number of spaces available at that school, a lottery
shall be conducted in the group priority order identified in
paragraphs (1) and (2) to select pupils at random until all of the
available spaces are filled.

(e) The initial application of a pupil for transfer to a school
within a school district of enrollment shall not be approved if the
transfer would require the displacement from the desired school
of any other pupil who resides within the attendance area of that
school or is currently enrolled in that school.

(f) A pupil approved for a transfer to a school district of
enrollment pursuant to this article shall be deemed to have fulfilled
the requirements of Section 48204.

(g) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 52052 of the Education Code is amended
to read:

52052.  

(a) (1) The Superintendent, with the approval of the
state board, shall develop an Academic Performance Index (API),
to measure the performance of schools and school districts,
especially the academic performance of pupils.

(2) A school or school district shall demonstrate comparable
improvement in academic achievement as measured by the API
by all numerically significant pupil subgroups at the school or
school district, including all of the following:

(A) Ethnic subgroups.

(B) Socioeconomically disadvantaged pupils.

(C) English learners.

(D) Pupils with disabilities.

(E) Foster youth.

(F) Homeless youth.

(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that consists of at least 30 pupils, each of
whom has a valid test score.

(B) Notwithstanding subparagraph (A), for a subgroup of pupils
who are foster youth or homeless youth, a numerically significant
pupil subgroup is one that consists of at least 15 pupils.

(C) For a school or school district with an API score that is
based on no fewer than 11 and no more than 99 pupils with valid
test scores, numerically significant pupil subgroups shall be defined
by the Superintendent, with approval by the state board.

(4) (A) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the results
of the achievement test administered pursuant to Section 60640,
attendance rates for pupils in elementary schools, middle schools,
and secondary schools, and the graduation rates for pupils in
secondary schools.

(B) The Superintendent, with the approval of the state board,
may also incorporate into the API the rates at which pupils
successfully promote from one grade to the next in middle school
and high school, and successfully matriculate from middle school
to high school.

(C) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:

(i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school
year, which is considered to be three school years after the pupils
entered grade 9 for the first time, and dividing that number by the
total calculated in clause (ii).

(ii) The number of pupils entering grade 9 for the first time in
the school year three school years before the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years before the current school year and the date
of graduation, less the number of pupils who transferred out of the
school between the school year that was three school years before
the current school year and the date of graduation who were
members of the class that is graduating at the end of the current
school year.

(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school
year, which is considered to be four school years after the pupils
entered grade 9 for the first time, and dividing that number by the
total calculated in clause (iv).

(iv) The number of pupils entering grade 9 for the first time in
the school year four years before the current school year, plus the
number of pupils who transferred into the class graduating at the
end of the current school year between the school year that was
four school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years before the
current school year and the date of graduation who were members
of the class that is graduating at the end of the current school year.

(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school
year, which is considered to be five school years after the pupils
entered grade 9 for the first time, and dividing that number by the
total calculated in clause (vi).

(vi) The number of pupils entering grade 9 for the first time in
the school year five years before the current school year, plus the
number of pupils who transferred into the class graduating at the
end of the current school year between the school year that was
five school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years before the
current school year and the date of graduation who were members
of the class that is graduating at the end of the current school year.

(D) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:

(i) Schools and school districts shall be granted one-half the
credit in their API scores for graduating pupils in five years that
they are granted for graduating pupils in four years.

(ii) Schools and school districts shall be granted one-quarter the
credit in their API scores for graduating pupils in six years that
they are granted for graduating pupils in four years.

(iii) Notwithstanding clauses (i) and (ii), schools and school
districts shall be granted full credit in their API scores for
graduating in five or six years a pupil with disabilities who
graduates in accordance with his or her individualized education
program.

(E) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the
high school exit examination administered pursuant to Section
60851, when fully implemented, shall be disaggregated by special
education status, English learners, socioeconomic status, gender,
and ethnic group. Only the test scores of pupils who were counted
as part of the enrollment in the annual data collection of the
California Basic Educational Data System for the current fiscal
year and who were continuously enrolled during that year may be
included in the test result reports in the API score of the school.

(F) (i) Commencing with the baseline API calculation in 2016,
and for each year thereafter, results of the achievement test and
other tests specified in subdivision (b) shall constitute no more
than 60 percent of the value of the index for secondary schools.

(ii)  In addition to the elements required by this paragraph, the
Superintendent, with the approval of the state board, may
incorporate into the index for secondary schools valid, reliable,
and stable measures of pupil preparedness for postsecondary
education and career.

(G) Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index for primary schools and middle schools.

(H) It is the intent of the Legislature that the state’s system of
public school accountability be more closely aligned with both the
public’s expectations for public education and the workforce needs
of the state’s economy. It is therefore necessary that the
accountability system evolve beyond its narrow focus on pupil test
scores to encompass other valuable information about school
performance, including, but not limited to, pupil preparedness for
college and career, as well as the high school graduation rates
already required by law.

(I) The Superintendent shall annually determine the accuracy
of the graduation rate data. Notwithstanding any other law,
graduation rates for pupils in dropout recovery high schools shall
not be included in the API. For purposes of this subparagraph,
“dropout recovery high school” means a high school in which 50
percent or more of its pupils have been designated as dropouts
pursuant to the exit/withdrawal codes developed by the department
or left a school and were not otherwise enrolled in a school for a
period of at least 180 days.

(J) To complement the API, the Superintendent, with the
approval of the state board, may develop and implement a program
of school quality review that features locally convened panels to
visit schools, observe teachers, interview pupils, and examine pupil
work, if an appropriation for this purpose is made in the annual
Budget Act.

(K) The Superintendent shall annually provide to local
educational agencies and the public a transparent and
understandable explanation of the individual components of the
API and their relative values within the API.

(L) An additional element chosen by the Superintendent and
the state board for inclusion in the API pursuant to this paragraph
shall not be incorporated into the API until at least one full school
year after the state board’s decision to include the element into the
API.

(b) Pupil scores from the following tests, when available and
when found to be valid and reliable for this purpose, shall be
incorporated into the API:

(1) The standards-based achievement tests provided for in
Section 60642.5.

(2) The high school exit examination.

(c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board
pursuant to subdivision (d), the minimum annual percentage growth
target shall be 5 percent of the difference between the actual API
score of a school and the statewide API performance target, or one
API point, whichever is greater. Schools at or above the statewide
API performance target shall have, as their growth target,
maintenance of their API score above the statewide API
performance target. However, the state board may set differential
growth targets based on grade level of instruction and may set
higher growth targets for the lowest performing schools because
they have the greatest room for improvement. To meet its growth
target, a school shall demonstrate that the annual growth in its API
is equal to or more than its schoolwide annual percentage growth
target and that all numerically significant pupil subgroups, as
defined in subdivision (a), are making comparable improvement.

(d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board
shall adopt, a statewide API performance target that includes
consideration of performance standards and represents the
proficiency level required to meet the state performance target.

(e) (1) A school or school district with 11 to 99 pupils with
valid test scores shall receive an API score with an asterisk that
indicates less statistical certainty than API scores based on 100 or
more test scores.

(2) A school or school district annually shall receive an API
score, unless the Superintendent determines that an API score
would be an invalid measure of the performance of the school or
school district for one or more of the following reasons:

(A) Irregularities in testing procedures occurred.

(B) The data used to calculate the API score of the school or
school district are not representative of the pupil population at the
school or school district.

(C) Significant demographic changes in the pupil population
render year-to-year comparisons of pupil performance invalid.

(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.

(E) Insufficient pupil participation in the assessments included
in the API.

(F) A transition to new standards-based assessments
compromises comparability of results across schools or school
districts. The Superintendent may use the authority in this
subparagraph in the 2013-14 and 2014-15 school years only, with
the approval of the state board.

(3) If a school or school district has fewer than 100 pupils with
valid test scores, the calculation of the API or adequate yearly
progress pursuant to the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.) and federal regulations may be
calculated over more than one annual administration of the tests
administered pursuant to Section 60640 and the high school exit
examination administered pursuant to Section 60851, consistent
with regulations adopted by the state board.

(4) Any school or school district that does not receive an API
calculated pursuant to subparagraph (F) of paragraph (2) shall not
receive an API growth target pursuant to subdivision (c). Schools
and school districts that do not have an API calculated pursuant
to subparagraph (F) of paragraph (2) shall use one of the following:

(A) The most recent API calculation.

(B) An average of the three most recent annual API calculations.

(C) Alternative measures that show increases in pupil academic
achievement for all groups of pupils schoolwide and among
significant subgroups.

(f) Only schools with 100 or more test scores contributing to
the API may be included in the API rankings.

(g) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high
schools and opportunity schools. Schools in the alternative
accountability system may receive an API score, but shall not be
included in the API rankings.

(h) For purposes of this section, county offices of education
shall be considered school districts.

(i) For purposes of this section, “homeless youth” has the same
meaning as in Section 11434a(2) of Title 42 of the United States
Code.

end delete