BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1156|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 1156
          Author:   Huff (R) 
          Amended:  6/1/16  
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 4/13/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   School accountability:  Open Enrollment Act:   
                     low-achieving schools


          SOURCE:    Author

          DIGEST:  This bill amends the Open Enrollment Act by replacing  
          the Academic Performance Index with new eligibility criteria for  
          identifying low-achieving schools.  Specifically, this bill  
          provides that a low-achieving school is either a school that is  
          identified by the Superintendent of Public Instruction or the  
          State Board of Education for comprehensive support and  
          improvement, as specified, or a school that is receiving  
          mandatory assistance by the California Collaborative for  
          Educational Excellence (CCEE). 

          ANALYSIS:  
          
          Existing law:

          1)Establishes the Open Enrollment Act as follows:  








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             a)   Allows the parent of a pupil attending a school  
               identified by the Superintendent of Public Instruction  
               (SPI) as "low-achieving" to submit an application for the  
               pupil to attend another school within the same district or  
               transfer to another school district (school district of  
               enrollment).  A list of 1,000 "low-achieving schools"  
               ranked by increasing Academic Performance Index (API) is  
               identified by the SPI each year.

             b)   Provides that a school district of enrollment may adopt  
               specific written standards for acceptance and rejection of  
               transfer applications, including consideration of the  
               capacity of a program, class, grade level, or school  
               building, or adverse fiscal impact.  

             c)   Prohibits a school district of enrollment from  
               considering a pupil's previous academic achievement,  
               physical condition, and proficiency in the English  
               language, family income or any of the individual  
               characteristics set forth in Section 200 of the Education  
               Code, and shall ensure that pupils are enrolled in a school  
               with a higher API than the school in which the pupil was  
               previously enrolled.  

             d)   Requires that pupils are selected through a random,  
               unbiased process, except that pupils applying for transfer  
               are assigned specific priorities, with the first priority  
               given to siblings of children who already attend the  
               desired school and second priority for pupils transferring  
               from a program improvement school ranked in decile 1 on the  
               API.  (Education Code § 48350, et seq.)    

          2)Authorizes inter-district transfers known as "school districts  
            of choice" in which the governing board of a school district  
            may declare a district to be a district of choice that is  
            willing to accept a specified number of inter-district  
            transfers.  A district of choice is not required to admit  
            pupils but the pupils that it does elect to admit must be  
            selected through a random process that prohibits enrollment  
            based on academic or athletic performance.  School districts  
            of choice must give priority for attendance to siblings of  
            children already in attendance in that district.  A district  
            of choice may reject the transfer of a pupil if the transfer  







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            of that pupil would require the district to create a new  
            program to serve that pupil, but prohibits a district of  
            choice from rejecting the transfer of special needs pupils,  
            individuals with exceptional needs, and English learners.   
            Districts of choice are required to collect specific data  
            about the students who transfer to their district and report  
            that data to surrounding districts and the state.  These  
            provisions are currently scheduled to become inoperative on  
            July 1, 2017. (Education Code § 48300, et seq.)

          3)Establishes the CCEE for the purpose of advising and assisting  
            school districts, county superintendent of schools, and  
            charter schools in achieving the goals set forth in a local  
            control and accountability plan (LCAP).  (Education Code §  
            52074)

          4)Requires the county superintendent of schools to provide  
            technical assistance, including any of the following, if the  
            county superintendent does not approve an LCAP or annual  
            update of a school district, or if the governing board of a  
            school district requests technical assistance:

             a)   Identification of the school district's strengths and  
               weaknesses in regard to the state priorities.

             b)   Assignment of an academic expert or team to assist the  
               school district in identifying and implementing effective  
               programs that are designed to improve the outcomes for all  
               student subgroups.\

             c)   Requests that the SPI assign the CCEE to provide advice  
               and assistance to the school district.  (EC § 52071)

          5)Requires the SPI to provide technical assistance, including  
            any of the following, if the SPI does not approve an LCAP or  
            annual update of a county office of education, or if the  
            county board of education requests technical assistance:

             a)   Identification of the county board of education's  
               strengths and weaknesses in regard to the state priorities.

             b)   Assignment of an academic expert or team, or the CCEE,  
               to assist in identifying and implementing effective  
               programs that are designed to improve the outcomes for all  







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               student subgroups.  (EC § 52071.5)

          6)Authorizes the SPI to direct the CCEE to advise and assist a  
            school district, county superintendent of schools, or charter  
            school in any of the following circumstances:

             a)   If the governing board of a school district, county  
               board of education, or governing body or a charter school  
               requests the advice and assistance of the CCEE.

             b)   If the county superintendent of schools determines,  
               following the provision of technical assistance, that the  
               advice and assistance of the CCEE is necessary to help the  
               district or charter school accomplish the goals described  
               in the LCAP.

             c)   If the SPI determines that the advice and assistance of  
               the CCEE is necessary to help the school district, county  
               superintendent of schools, or charter school accomplish the  
               goals set forth in the LCAP.  (EC § 52074)

          7)Requires the governing board of each school district and each  
            county board of education to adopt an LCAP, and to update the  
            plan annually.  Existing law requires LCAPs to include both of  
            the following:

             a)   A description of the annual goals, for all students and  
               each subgroup of students, to be achieved for each of the  
               state priorities and for any additional local priorities  
               identified by the governing board.  

             b)   A description of the specific actions the school  
               district will take during each year of the LCAP to achieve  
               the goals, including the enumeration of any specific  
               actions necessary for that year to correct any deficiencies  
               in regard to the state priorities.  (EC § 52060 and §  
               52066)

          8)Requires the State Board of Education to adopt evaluation  
            rubrics, by October 1, 2016, for all of the following  
            purposes:

             a)   To assist a school district, county office of education  
               or charter school in evaluating its strengths, weaknesses,  







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               and areas that require improvement.

             b)   To assist a county superintendent of schools in  
               identifying school districts and charter schools in need of  
               technical assistance, and the specific priorities upon  
               which the technical assistance should be focused.

             c)   To assist the SPI in identifying school districts for  
               which intervention is warranted.  (EC § 52064.5)

          This bill:

          1)Removes the existing definition of "low-achieving school"  
            under the Open Enrollment Act, effective July 1, 2018, which  
            means any school on the list created by the SPI ranked by the  
            API, as specified.  

          2)Establishes the definition of low-achieving school to mean  
            either of the following for purposes of the Open Enrollment  
            Act:

             a)   A school that is identified by the SPI or the State  
               Board of Education for comprehensive support and  
               improvement pursuant to the accountability system  
               requirements of the federal Elementary and Secondary  
               Education Act of 1965, 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 five percent of all Title I 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 from the  
               California Collaborative for Educational Excellence, as  
               directed by the SPI.

          3)Provides that a low-achieving school shall not include court,  
            community, or community day schools, or charter schools.







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          4)Provides that a school district of enrollment shall ensure  
            that pupils enrolled pursuant to standards adopted pursuant to  
            this section are enrolled in a school that is not identified  
            as being a low-achieving school 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, except that pupils applying  
            for a transfer shall be assigned priority for approval, as  
            follows:

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

             b)   Second priority for unduplicated pupils, as specified,  
               transferring from a low-achieving school.

             c)   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 to  
               select pupils at random until all of the available spaces  
               are filled.   

          5)Requires the Legislative Analyst's Office (LAO) to complete an  
            evaluation of the open enrollment program, as specified, and  
            to make recommendations on any additional or revised  
            eligibility criteria based on the state's new accountability  
            system adopted for purposes of complying with federal law,  
            including the use of local control funding formula  
            unduplicated subgroup criteria.  Provides that the LAO may  
            also include recommendations on whether other open enrollment  
            program provisions should be altered, expanded, or deleted.   
            Requires the final evaluation report to be submitted to the  
            Legislature, Governor, and State Board of Education on or  
            before December 1, 2021, and for the SPI to provide the data  
            necessary to complete the report to the LAO by December 1,  
            2020, or on an otherwise agreed upon date between the SPI and  
            the LAO.

          6)Requires the final evaluation report to be submitted to the  
            Legislature in conformance with Section 9795 of the Government  
            Code.








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          Comments
          
          Need for the bill.  According to the author's office, "the  
          Academic Performance Index (API), along with a specified,  
          sometimes confusing legislatively mandated calculation has been  
          the previous method for identifying the 1,000 low-achieving  
          schools whose enrollment assignment would trigger a student's  
          eligibility for Open Enrollment.  The last published list of  
          1,000 is outdated with no new API's being produced in the last  
          two years.  And, some schools objected to the current formula,  
          which resulted in some of the lowest-performing schools in  
          California not being on the list at all.  With the state  
          adoption of a new system called the California Assessment of  
          Student Performance and Progress (CAASPP), and the temporary and  
          possibly permanent hiatus on the publication of a new API, there  
          is an interest in using updated definitions and information more  
          accurately reflecting the concept of persistently low school  
          performance.  The API is no longer being updated and the last  
          published list is based on the old STAR Program instead of the  
          CAASPP scores." 

          Federal Every Student Succeeds Act.  The Every Student Succeeds  
          Act (ESSA), which reauthorizes and updates the Elementary and  
          Secondary Education Act, was signed into law on December 10,  
          2015.  The 2016-17 school year is a transition year for local  
          educational agencies (LEAs), as most of the provisions of ESSA  
          will take effect in the 2017-18 school year, including the new  
          accountability provisions.  One notable change under ESSA is the  
          elimination of the requirement for LEAs to provide low-income  
          students attending Title I schools in Program Improvement year 2  
          and beyond with supplemental educational services and public  
          school choice and spend a portion of their Title I funds for  
          these purposes.  In eliminating these provisions, the ESSA will  
          allow LEAs the flexibility to choose what services and  
          activities will be provided to students using Title I funds.   
          Another key difference under ESSA is that states will have the  
          ability to create their own accountability system based on  
          multiple measures and not just on test scores.  States will be  
          required to identify their lowest-performing schools-those  
          falling in the bottom five percent.  However, there will be a  
          reduced federal role in determining interventions, leaving it up  
          to states to decide.     

          State's evolving accountability system.  The exact details of  







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          the state's new accountability system have not been finalized,  
          yet major themes have been determined, including ensuring that  
          the new system emphasizes a culture of continuous support and  
          on-going learning.  And with the enactment of ESSA, the state  
          will have the opportunity to streamline state and local  
          requirements into a single, coherent accountability and  
          continuous improvement system.  A critical component of the  
          accountability system will be the evaluation rubrics, which the  
          State Board of Education is required to adopt by October 1,  
          2016.  The rubrics are intended to serve several purposes,  
          including assistance for LEAs to evaluate their strengths,  
          weaknesses, and areas that require improvement, and also to  
          assist the SPI in identifying school districts for which  
          intervention is warranted. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee:


           Costs, potentially in the tens of thousands, to the  
            Legislative Analyst's Office (LAO) for existing staff to  
            produce an evaluation and recommendations for the program.   
            (General Fund)

           Minor costs to California Department of Education (CDE) to  
            enter into a memorandum of understanding with the LAO  
            regarding data sharing. (General Fund)


          SUPPORT:   (Verified5/27/16)


          EdVoice


          OPPOSITION:   (Verified5/27/16)


          None received








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          Prepared by:Lenin DelCastillo / ED. / (916) 651-4105
          6/1/16 18:41:38


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