BILL NUMBER: SBX1 1	CHAPTERED
	BILL TEXT

	CHAPTER   3
	FILED WITH SECRETARY OF STATE   APRIL 5, 1999
	APPROVED BY GOVERNOR   APRIL 5, 1999
	PASSED THE SENATE   MARCH 23, 1999
	PASSED THE ASSEMBLY   MARCH 22, 1999
	AMENDED IN ASSEMBLY   MARCH 18, 1999
	AMENDED IN ASSEMBLY   MARCH 15, 1999
	AMENDED IN ASSEMBLY   MARCH 4, 1999
	AMENDED IN SENATE   FEBRUARY 25, 1999
	AMENDED IN SENATE   FEBRUARY 19, 1999
	AMENDED IN SENATE   FEBRUARY 12, 1999
	AMENDED IN SENATE   FEBRUARY 9, 1999

INTRODUCED BY   Senator Alpert

                        JANUARY 19, 1999

   An act to add Chapter 6.1 (commencing with Section 52050) to Part
28 of the Education Code, relating to school performance, and making
an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1, Alpert.  Education accountability.
   Existing law requires each school district, charter school, and
county office of education to administer to each of its pupils in
grades 2 to 11, inclusive, an achievement test designated by the
State Board of Education as part of the Standardized Testing and
Reporting program.
   This bill would establish the Public School Performance
Accountability Program that would consist of an Academic Performance
Index, an Immediate Intervention/Underperforming Schools Program, and
a Governor's High Achieving/Improving Schools Program.
   This bill would require the Superintendent of Public Instruction,
with approval of the State Board of Education, to develop the
Academic Performance Index (API), consisting of a variety of
indicators, to be used to measure performance of schools.  The bill
would require the Superintendent of Public Instruction to develop,
and the State Board of Education to adopt, expected annual percentage
growth targets for all schools based on their API baseline score and
would prescribe a minimum percentage growth target of 5% annually.
Upon adoption of state performance standards by the State Board of
Education, the Superintendent of Public Instruction would be required
to recommend, and the State Board of Education would be required to
adopt, a statewide API performance target.  The bill would also
require the Superintendent of Public Instruction to establish an
advisory committee to advise the Superintendent of Public Instruction
and the State Board of Education on matters relative to the programs
established by the bill.
   This bill would require the Superintendent of Public Instruction,
with the approval of the State Board of Education, to invite schools
that scored below the 50th percentile on the Standardized Testing and
Reporting program achievement tests to participate in the Immediate
Intervention/Underperforming Schools Program that would be limited to
430 schools with a maximum number of schools in each of 3 grade
level categories.  This bill would impose a state-mandated local
program by providing that if fewer than the number of schools in any
grade level category apply, schools that scored below the 50th
percentile in those grades may be randomly selected to participate in
this program.  A school selected to participate would be awarded a
planning grant of $50,000.
   This bill would require the Superintendent of Public Instruction
to develop, and the State Board of Education to approve, minimum
qualifications for external evaluators and, with the approval of the
State Board of Education, to develop and disseminate an application
process by which to establish a list of external evaluators.
   This bill would require the governing board of a school district
having jurisdiction over a school selected for participation in the
Immediate Intervention/Underperforming Schools Program to contract
with an external evaluator and to appoint a broad-based schoolsite
and community team.  The bill would require the external evaluator to
complete a review of the school that identifies weaknesses that
contribute to the school's below-average performance and makes
recommendations for improvement.  The external evaluator and a
broad-based schoolsite would be required to develop an action plan
with prescribed components to improve the academic achievement of the
pupils enrolled at the school.  The bill would require the plan to
be submitted to the governing board of the school districts for its
approval and after the plan is approved to be submitted to the
Superintendent of Public Instruction with a request for funding.  The
bill would require the State Board of Education to review and
approve or disapprove the school's request for funding, based on the
recommendation of the Superintendent of Public Instruction, and would
authorize the board to waive all or any part of any provision of the
Education Code, or any board adopted regulation, controlling
categorical education programs if certain conditions are met.
   This bill would require a school whose application is approved to
receive funding in each fiscal year that it participates in the
program in an amount up to $200 per pupil enrolled in the school,
with a minimum allocation of $50,000 per schoolsite.  The bill would
require the participating school or the school district having
jurisdiction over that school to match the state funding and would
require them to redirect for purposes of their academic improvement
plan their new or existing categorical education funding.  To the
extent this requirement results in the expenditure of categorical
education funding for purposes other than those for which it was
appropriated, the bill would reappropriate those funds.
   This bill would require the governing board of a school that fails
to meet its annual short-term growth target within 12 months
following receipt of funding to hold a public hearing at a regularly
scheduled meeting to ensure that members of the school community are
aware of the lack of progress and to choose from a range of
interventions for the school to continue implementing the action plan
and progressing toward meeting the school's growth targets.
   This bill would require a school that meets or exceeds its growth
target within 24 months after receipt of funding to receive an award
under the Governor's Performance Award program.  The bill would
require a school that has not met its performance goals, but
demonstrates significant growth within this period to continue to
participate in the program for an additional year and to receive
funding.  The bill would deem a school that does not meet its
performance goals within 24 months after receipt of funding and has
failed to show significant growth a low-performing school.
   This bill would require the Superintendent of Public Instruction
to assume all the legal rights, duties, and powers of the governing
board with respect to a low-performing school.  The bill would
require the Superintendent of Public Instruction, in consultation
with the State Board of Education and the governing board of the
school district, to reassign the principal of that school and to take
other enumerated actions.
   This bill would require, under the High Achieving/Improving
Schools Program, the Superintendent of Public Instruction to rank all
public schools based on the API in decile categories by grade level
of instruction provided.  The bill would require that the rankings
indicate the target annual growth rates, the actual growth rates
attained by the schools, and how growth rates compare schools that
have similar characteristics.  The bill would require the
Superintendent of Public Instruction to annually publish these
rankings on the Internet.
   This bill would require the governing board of each school
district to discuss the results of the annual ranking at a regularly
scheduled meeting, thereby imposing a state-mandated local program.
   This bill would authorize a school that is eligible to participate
in the Governor's Performance Award Program to request the State
Board of Education to waive all, or any part of, any provision of the
Education Code, or any board adopted regulation, controlling
categorical education programs and would authorize the board to grant
the request if certain conditions are met.  The bill would also
require that a school that demonstrates significant growth be granted
maximum flexibility in its expenditure of new and existing
categorical funds to enable the school to continue improvement in
pupil performance.
   This bill would provide that a school that fails to meet the
established annual state growth targets may be subject to the
Immediate Intervention/Underperforming Schools Program.
   This bill would require the State Board of Education to establish
a Governor's Performance Award program to provide monetary and
nonmonetary awards to schools that meet or exceed API performance
growth targets and would make all schools, including schools
participating in the Immediate Intervention/Underperforming Schools
Program eligible to participate in the Governor's Performance Award
program.
   This bill would appropriate $193,200,000 to the Superintendent of
Public Instruction for the purposes of its provisions, of
which$160,754,000 would be appropriated from the General Fund
and$32,446,000 would be appropriated from the Federal Trust Fund.
The funds appropriated from the General Fund by this bill for
allocation to school districts would be applied toward the minimum
funding requirements for school districts and community college
districts imposed by Section 8 of Article XVI of the California
Constitution.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 6.1 (commencing with Section 52050) is added to
Part 28 of the Education Code, to read:

      CHAPTER 6.1.  PUBLIC SCHOOLS ACCOUNTABILITY ACT OF 1999
      Article 1.  Legislative Findings and Intent

   52050.  This chapter shall be known and may be cited as the Public
Schools Accountability Act of 1999.
   52050.5.  The Legislature finds and declares all of the following:

   (a) The purpose of the California public school system is to
provide for the academic development of each pupil and prepare each
pupil, to the extent of his or her ability, to become a lifelong
learner, equipped to live and succeed within the economic and
societal complexities of the 21st century.
   (b) It is in the interest of the people and the future of this
state to ensure that each child in California receives a high quality
education consistent with all statewide content and performance
standards, as adopted by the State Board of Education, and with a
meaningful assessment system and reporting program requirements.
   (c) Recent assessments indicate that many pupils in California are
not now, generally, progressing at a satisfactory rate to achieve a
high quality education.
   (d) To remedy this, the state is in need of an immediate and
comprehensive accountability system to hold each of the state's
public schools accountable for the academic progress and achievement
of its pupils within the resources available to schools.
   (e) Any promising and effective accountability system must be
based upon a constructive and collaborative process that seeks to
include stakeholders in the accountability process.
   (f) Any promising and effective accountability system requires the
active involvement of parents and guardians, pupils, educators,
community leaders, school boards, and schoolsite teams.
   (g) The statewide school accountability system must encourage the
active participation of parents and guardians, pupils, educators, and
the local community in improving pupil achievement.
   (h) The statewide accountability system must be easily accessible
and understandable to parents and others.
   (i) The statewide accountability system must include rewards that
recognize high achieving schools as well as interventions and,
ultimately, sanctions for schools that are continuously low
performing.
   (j) It is also the intent of the Legislature that the
comprehensive and effective school accountability system primarily
focus on increasing academic achievement.
   (k) To achieve better pupil performance, it is the intent of the
Legislature that any school accountability system do all of the
following:
   (1) Encourage teacher preparation that allows teachers to develop
the ability to inspire pupils to become lifelong learners.
   (2) Encourage teacher preparation and consistent ongoing
professional development that serves to develop competency in content
and pedagogy and that allows teachers to effectively involve
themselves in promoting school accountability.
   (3) Encourage the involvement of the community and its
stakeholders in the accountability system.
   (4) Encourage local community involvement in providing support for
education and identifying causes of pupil failure and designing
programs for remediation.
   (5) Approach accountability with an attitude of collaboration,
encouragement, and correction.
   (6) Utilize the state infrastructure to support schools, school
districts, and county offices of education in their efforts to
improve pupil achievement and progress.
   (7) Encourage each local community to support and sustain
high-quality educational programs and to build the capacity of
educators and schools to succeed in educating every pupil.
   (8) Encourage active involvement of parents and guardians in the
development and implementation of school accountability systems.

      Article 2.  Public School Performance Accountability Program

   52051.  The Public School Performance Accountability Program is
hereby established and shall consist of the following three component
parts:
   (a) The state Academic Performance Index, to be known as the API.

   (b) The Immediate Intervention/Underperforming Schools Program.
   (c) The Governor's High Achieving/Improving Schools Program.
   52051.5.  For purposes of this chapter, all references to schools
shall include charter schools.
   52052.  (a) By July 1, 1999, the Superintendent of Public
Instruction, with approval of the State Board of Education, shall
develop an Academic Performance Index, to be used to measure
performance of schools, especially the academic performance of
pupils, and demonstrate comparable improvement in academic
achievement by all numerically significant ethnic and
socioeconomically disadvantaged subgroups within schools.  A
numerically significant ethnic or socioeconomically disadvantaged
subgroup is a subgroup that constitutes at least 15 percent of a
school's total pupil population and consists of at least 30 pupils.
The index shall consist of a variety of indicators currently reported
to the State Department of Education including, but not limited to,
the results of the achievement test administered pursuant to Section
60640, attendance rates for pupils and certificated school personnel
for elementary schools, middle schools, and secondary schools, and
the graduation rates for pupils in secondary schools.  The pupil data
collected for the API that comes from the achievement test
administered pursuant to Sections 60640 and 60644 and the high school
exit examination, when fully implemented, shall be disaggregated by
special education status, English language learners, socioeconomic
status, gender and ethnic group.  Only the test scores of pupils
enrolled in a school district for one year or more may be included in
the test results reported in the API.  Results of the achievement
test and other tests specified in subdivision (b) shall constitute at
least 60 percent of the value of the index.  Before including high
school graduation rates and attendance rates in the index, the
Superintendent of Public Instruction shall determine the extent to
which the data is currently reported to the state and the accuracy of
the data.  If the Superintendent of Public Instruction determines
that accurate data for these indicators is not available, the
Superintendent of Public Instruction shall report to the Governor and
the Legislature by September 1, 1999, and recommend necessary action
to implement an accurate reporting system.
   (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 assessment of the applied academic skills matrix test
development pursuant to Section 60604.
   (2) The nationally normed test as augmented pursuant to paragraph
(1) of subdivision (f) of Section  60644.
   (3) The high school exit examination.
   (c) Based on the API, the Superintendent of Public Instruction
shall develop, and the State Board of Education shall adopt, expected
annual percentage growth targets for all schools based on the their
API baseline score as measured in July 1999.  Schools are expected to
meet these growth targets through effective allocation of available
resources.  The minimum percentage growth target shall be 5 percent
annually.  However, the State Board of Education 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.
   (d) Upon adoption of state performance standards by the State
Board of Education, the Superintendent of Public Instruction shall
recommend, and the State Board of Education 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.  When fully developed, schools may either
meet the state target or meet their growth targets to be eligible for
the Governor's Performance Award Program as set forth in Section
52057.
   (e) Beginning in June 2000, the API shall be used for both of the
following:
   (1) Measure the progress of schools selected for participation in
the Immediate Intervention/Underperforming Schools Program pursuant
to Section 52053.
   (2) Rank all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
   (f) Only comprehensive high schools, middle schools, and
elementary schools that have a population of 100 or more pupils may
be included in the API ranking.
   (g) By July 1, 2000, the Superintendent of Public Instruction,
with the approval of the State Board of Education, shall develop an
alternative accountability system for schools with fewer than 100
pupils, and for schools under the jurisdiction of a county board of
education or a county superintendent of schools, community day
schools, and alternative schools, including continuation high schools
and independent study schools.
   52052.5.  The Superintendent of Public Instruction shall establish
a broadly representative and diverse advisory committee to advise
the Superintendent of Public Instruction and the State Board of
Education on all appropriate matters relative to the creation of the
Academic Performance Index and the implementation of the Immediate
Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program.  Members of the advisory
committee shall serve without compensation for terms not to exceed
two years.  The State Department of Education shall provide staff to
the advisory panel.

      Article 3.  Immediate Intervention/Underperforming Schools
Program

   52053.  (a) The Immediate Intervention/Underperforming Schools
Program is hereby established.  By August 15, 1999, the
Superintendent of Public Instruction, with the approval of the State
Board of Education, shall invite schools that scored below the 50th
percentile on the achievement tests administered pursuant to Section
60640 both in the spring of 1998 and in the spring of 1999 to
participate in the Immediate Intervention/Underperforming Schools
Program.  A school invited to participate may take any action not
otherwise prohibited under state or federal law and that would not
require reimbursement by the Commission on State Mandates to improve
pupil performance.
   (b) The total number of schools participating in the program shall
be 430.  Unless subdivision (d) applies, schools that apply will be
selected based on the order in which they apply within ranks of
deciles, not to exceed 86 per decile, within the following grade
level categories:
   (1) No more than 301 elementary schools.
   (2) No more than 78 middle schools.
   (3) No more than 52 high schools.
   (c) The 86 schools selected within each decile range pursuant to
subdivision (b) shall proportionately represent elementary, middle,
and high schools and shall provide statewide proportionate geographic
representation of urban and rural schools.
   (d) If fewer than the number of schools in any grade level
category apply, schools that scored below the 50th percentile in
those grade level categories that did not apply for the program shall
randomly be selected by the Superintendent of Public Instruction,
with the approval of the State Board of Education, to participate
based on their proportional representation in the state until the
number of schools in each grade level category set forth in
subdivision (b) is achieved.
   (e) If more than the requisite number of schools apply for any
grade level category, the Superintendent of Public Instruction shall
select an array of schools that reflect a broad range of academic
performance of schools that scored below the 50th percentile, until
the number of schools in each grade level category set forth in
subdivision (b) is achieved.
   (f) A school selected to participate on or before September 1,
1999, shall be awarded a planning grant from funds appropriated
pursuant to paragraph (1) of subdivision (a) of Section 2 of the act
adding this section in the amount of fifty thousand dollars
($50,000).  A school selected to receive federal funds pursuant to
paragraph (2) of subdivision (a) of Section 2 of the act adding this
section shall be awarded an implementation grant in an amount of at
least fifty thousand dollars ($50,000) pursuant to Public Law 105-78.

   (g) Schools receiving funding under paragraph (2) of subdivision
(a) of Section 2 of the act adding this section shall comply with
Public Law 105-78.
   (h) Schools selected for participation in the program shall be
notified by the Superintendent of Public Instruction no later than
September 1 of each year.
   52053.5.  (a) The Superintendent of Public Instruction shall
develop, and the State Board of Education shall approve, the minimum
qualifications for external evaluators that shall include, but may
not be limited to, recent successful professional, managerial or
governing board experience in improving school achievement, and the
ability to assist the school to systematically align curriculum,
instruction, and assessment.  The external evaluators shall also have
demonstrated experience in working with diverse populations.  With
the approval of the State Board of Education, the Superintendent of
Public Instruction shall develop and disseminate an application
process by which to establish a list of external evaluators that meet
the minimum qualifications.  The list of approved external
evaluators may include private sector experts, institutions of higher
education, county offices of education, and educational consortia.
   (b) The Superintendent of Public Instruction shall develop, and
the State Board of Education shall approve, the standards and
criteria to be applied by external evaluators in carrying out their
duties.  The standards and criteria shall include, but are not
limited to, the following areas:
   (1) Governing board policies.
   (2) Curriculum management.
   (3) Fiscal management.
   (4) Parental and community involvement.
   (5) Personnel management.
   (6) Facilities management.
   52054.  (a) By October 1 of the year that the school is selected
to participate, the governing board of a school district having
jurisdiction over a school selected for participation in the program
shall contract with an external evaluator from the list of external
evaluators and shall appoint a broad-based schoolsite and community
team, consisting of a majority of nonschoolsite personnel.  In a
school that has a limited-English-proficient pupil population that
constitutes at least 40 percent of the total pupil population, an
external evaluator shall have demonstrated experience in working with
a limited-English-proficient pupil population.  Not less than 20
percent of the members of the team shall be parents or legal
guardians of pupils in the school.
   (b) By November 15 of the year that the school is selected to
participate, the selected external evaluator shall solicit input from
the parents and legal guardians of the pupils of the school.  At a
minimum, the evaluator shall do all of the following:
   (1) Inform the parents and legal guardians, in writing, that the
school has been selected to participate in the Immediate
Intervention/Underperforming Schools Program due to its below-average
performance.
   (2) Hold a public meeting at the school, in cooperation with the
principal, to which all parents and legal guardians of pupils in the
school receive a written invitation.  The invitation to the meeting
may be combined with the written notice required by paragraph (1).
   (3) Solicit, at the public meeting, the recommendations and
opinions of the participating parents and legal guardians of pupils
in the school regarding actions that should be taken to improve the
performance of the school.  These opinions and recommendations shall
be considered by the external evaluator and the community team in the
development of the action plan pursuant to this section.
   (4) Notify all parents and legal guardians of pupils in the school
of their opportunity to provide written recommendations of actions
that should be taken to improve the performance of the school which
shall be considered by the external evaluator and the community team
in the development of the action plan pursuant to this section.
Notice required by this subdivision may be combined with the written
notice required by paragraph (1).
   (c) By December 15 of the year that the school is selected to
participate, the selected external evaluator shall complete a review
of the school that identifies weaknesses that contribute to the
school's below average performance and makes recommendations for
improvement.
   (d) By March 15 of the year that follows the year the school is
selected to participate, the external evaluator and the schoolsite
and community team selected pursuant to subdivision (a) shall develop
an action plan to improve the academic achievement of the pupils
enrolled at the school.  The action plan shall include percentage
growth targets at least as high as the annual growth targets adopted
by the State Board of Education pursuant to Section 52052.  The
action plan shall include an expenditure plan and shall be of a scope
that does not require expenditure of funds in excess of those
provided pursuant to this article or otherwise available to the
school.  The action plan may not be of a scope that requires
reimbursement by the Commission on State Mandates for its
implementation.
   (e) At a minimum, the action plan shall do all of the following:
   (1) Review and include the school and district conditions
identified in the school accountability report card pursuant to
Section 33126.
   (2) Identify the current barriers at the school and district
toward improvements in pupil achievement.
   (3) Identify schoolwide and districtwide strategies to remove
these barriers.
   (4) Review and include school and school district crime
statistics, in accordance with Section 628.5 of the Penal Code.
   (5) Examine and consider disaggregated data regarding pupil
achievement and other indicators to  consider whether all groups and
types of pupils make adequate progress toward short-term growth
targets and long-term performance goals.  The disaggregated data to
be included and considered by the plan shall, at a minimum, provide
information regarding the achievement of English learners,
economically disadvantaged pupils, and other groups of pupils, by
race, ethnicity, and gender.
   (6) Set short-term academic objectives pursuant to Section 52052
for a two-year period that will allow the school to make adequate
progress toward the growth targets established for  each
participating school for pupil achievement as measured by all of the
following to the extent that the data is available for the school:
   (A) The achievement test administered pursuant to Section 60640.
   (B) Graduation rates for grades 7 to 12, inclusive.
   (C) Attendance rates for pupils and school personnel for
elementary, middle, and secondary schools.
   (D) Any other indicators approved by the State Board of Education.

   (f) The school action plan shall focus on improving pupil academic
performance, improving the involvement of parents and guardians,
improving the effective and efficient allocation of resources and
management of the school, and identifying and developing solutions
that take into account the underlying causes for low performance by
pupils.
   (g) The team, in the development of the action plan, shall consult
with the exclusive representatives of employee organizations, where
they exist.
   (h) Upon its completion, the action plan shall be submitted to the
governing board of the school districts for its approval.  After the
plan is approved, but no later than April 15 of the year that
follows the year the school is selected to participate, the plan
shall be submitted to the Superintendent of Public Instruction with a
request for funding in the form prescribed by the Superintendent of
Public Instruction.
   (i) Not later than May 15 of the year next following the year in
which a school is selected for participation, the State Board of
Education shall review and approve or disapprove the school's request
for funding, based on the recommendation of the Superintendent of
Public Instruction.  In conjunction with its approval of a request
for funding to implement a school's action plan, the State Board of
Education may waive all or any part of any provision of this code, or
any regulation adopted by the State Board of Education, controlling
any of the programs listed in clause (i) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 54761 and Section 64000
if the waiver does not result in a decrease in the instructional time
otherwise required by law or regulation or an increase in state
costs and is determined to be consistent with subdivision (a) of
Section 46300.
   52054.5.  A school whose application is approved on or before
June 15 of the year following the year in which a school is selected
for funding shall receive a grant for implementing the program, in
each fiscal year that it participates in the program, in an amount
up to two hundred dollars ($200) per pupil enrolled in the school,
with a minimum allocation of fifty thousand dollars ($50,000) per
schoolsite.  A school that applies after  June 15 may receive a grant
for implementing the program if funds are appropriated for this
purpose in the Budget Act.  As a condition of receiving this funding,
a participating school or the school district having jurisdiction
over that school shall match the amount of state funding from any new
or existing sources of funding.  To help meet this matching
requirement, a participating school and the governing board of the
school district having jurisdiction over that school shall receive
maximum flexibility in the expenditure of any new or existing
categorical funds not otherwise prohibited by state or federal law
and shall redirect for the purposes of their academic improvement
plan new or existing categorical or general purpose funds.
   52055.  The governing board of a school that fails to meet its
annual short-term growth target  within 12 months following receipt
of funding pursuant to Section 52054.5 shall hold a public hearing at
a regularly scheduled meeting to ensure that members of the school
community are aware of the lack of progress.  The governing board of
the school district shall, upon consultation with the external
evaluator and the schoolsite and community team selected pursuant to
Section 52054, choose from a range of interventions for the school,
including reassignment of school personnel to the extent authorized
by law, negotiation of site-specific amendments to collective
bargaining agreements, or other changes deemed appropriate, in order
to continue implementing the action plan approved pursuant to Section
51054, and to make progress toward meeting the school's growth
targets.
   52055.5.  (a) Following 24 months after receipt of funding
pursuant to Section 52054.5, a school that meets or exceeds its
growth target each year shall receive a monetary or nonmonetary
award, under the Governor's Performance Award Program, as set forth
in Section 52057.  Funds received from this program shall be used at
the school's discretion.
   (b) Following 24 months after receipt of funding pursuant to
Section 52054.5, a school that has not met its performance goals, but
demonstrates significant growth, as determined by the State Board of
Education, shall continue to participate in the program for an
additional year and to receive funding in the amount specified in
Section 52054.5.
   (c) A school that does not meet its performance goals within 24
months after receipt of funding pursuant to Section 52054.5 and has
failed to show significant growth, as determined by the State Board
of Education, shall be deemed a low-performing school.
Notwithstanding any other provision of law, the Superintendent of
Public Instruction shall assume all the legal rights, duties, and
powers of the governing board with respect to that school.  The
Superintendent of Public Instruction, in consultation with the State
Board of Education and the governing board of the school district,
shall reassign the principal of that school subject to the findings
in subdivision (e).  In addition to reassigning the principal, the
Superintendent of Public Instruction, in consultation with the State
Board of Education, shall, notwithstanding any other provision of
law, do at least one of the following:
   (1) Revise attendance options for pupils to allow them to attend
any public school in which space is available.  If additional
attendance options are made available, nothing in this option shall
be construed to require either the sending or receiving school
district to incur additional transportation costs.
   (2) Allow parents to apply directly to the State Board of
Education for the establishment of a charter school and allow parents
to establish the charter school at the existing schoolsite.
   (3) Under the supervision of the Superintendent of Public
Instruction, assign the management of the school to a college,
university, county office of education, or other appropriate
educational institution.  However, the Superintendent of Public
Instruction may not assume the management of the school.
   (4) Reassign other certificated employees of the school.
   (5) Renegotiate a new collective bargaining agreement at the
expiration of the existing collective bargaining agreement.
   (6) Reorganize the school.
   (7) Close the school.
   (d) In addition to the actions listed in subdivision (c), the
Superintendent of Public Instruction, in consultation with the State
Board of Education, may take any other action considered necessary or
desirable against the school district or the school district
governing board, including appointment of a new superintendent or
suspension of the authority of the governing board with respect to
the school or schools identified pursuant to subdivision (c).
   (e) Before the Superintendent of Public Instruction may take any
action against a principal pursuant to subdivision (c), the
Superintendent of Public Instruction or a designee of the
superintendent shall hold a public hearing on the matter in the
school district and make both of the following findings:
   (1) A finding that the principal had the authority to take
specific enumerated actions that would have helped the school meet
its performance goals.

(2) A finding that the principal failed to take specific enumerated
actions pursuant to paragraph (1).
   (f) An action taken pursuant to subdivision (c), (d), or (e) shall
not increase local costs or require reimbursement by the Commission
on State Mandates.
   (g) An action taken pursuant to subdivision (c), (d), or (e) shall
be accompanied by specific findings by the Superintendent of Public
Instruction and the State Board of Education that the action is
directly related to the identified causes for continued failure by a
school to meet its performance goals.

      Article 4.  High Achieving/Improving Schools Program

   52056.  (a) The High Achieving/Improving Schools Program is hereby
established.  Commencing in June 2000, and every June thereafter,
the Superintendent of Public Instruction, with approval of the State
Board of Education, shall rank all public schools based on the
Academic Performance Index established pursuant to Section 52052.
The schools shall be ranked in decile categories by grade level of
instruction provided and shall include three categories:  elementary,
middle, and high school.  Commencing in June 2001, the rankings
shall indicate the target annual growth rates of schools, the actual
growth rates attained by the schools, and how growth rates compare
schools that have similar characteristics.  For purposes of this
section, similar characteristics include, but are not limited to, the
following characteristics, insofar as data is available from  the
State Department of Education's data:  pupil mobility, pupil
ethnicity, pupil socioeconomic status, percentage of teachers who are
fully credentialed, percentage of teachers who hold emergency
credentials, percentage of pupils who are English language learners,
average class size per grade level, and whether the schools operate
multitrack year-round educational programs.  The Superintendent of
Public Instruction shall annually publish these rankings on the
Internet.
   (b) Commencing in July 2000, and every July thereafter, all
schools shall report their ranking, including a description of the
components of the ranking, in their annual school accountability
report card pursuant to Sections 33126 and 35256.
   (c) Commencing in July 2000, and every July thereafter, the
governing board of each school district shall discuss the results of
the annual ranking at a regularly scheduled meeting.
   52056.5.  Commencing with the 2000-01 fiscal year, a school that
fails to meet annual state growth targets established pursuant to
Section 52052 may, as determined by the Superintendent of Public
Instruction with the approval of the State Board of Education, be
subject to the Immediate Intervention/Underperforming Schools Program
pursuant to subdivisions (e) and (f) of Section 52053, and Sections
52053.5, 52054, 52054.5, 52055, and 52055.5.
   52057.  (a) The State Board of Education shall establish a
Governor's Performance Award Program to provide monetary and
nonmonetary awards to schools that meet or exceed API performance
growth targets established pursuant to Section 52052, and demonstrate
comparable improvement in academic achievement by all numerically
significant ethnic and socioeconomically disadvantaged subgroups
within schools.
   (b) All schools, including schools participating in the Immediate
Intervention/Underperforming Schools Program are eligible to
participate in the Governor's Performance Award Program.  The manner
and form in which the monetary and nonmonetary awards are given shall
be established by the Superintendent of Public Instruction and
approved by the State Board of Education.  The monetary awards shall
be made available on either a per pupil or per school basis, not to
exceed one hundred fifty dollars ($150) per pupil enrolled and
subject to funds appropriated in the annual Budget Act.  A school
that continues to show improvement in successive years is eligible to
receive annual bonuses.
   (c) In addition to or in substitution of monetary awards, the
Superintendent of Public Instruction may establish, upon approval by
the State Board of Education, nonmonetary awards that may include,
but are not limited to, classification as a distinguished school,
listing on a published public school honor roll, and public
commendations by the Governor and the Legislature.
   (d) A school that is eligible to participate in the Governor's
Performance Award Program may  request the State Board of Education
to waive, all or any part of any provision of this code, or any
regulation adopted by the State Board of Education, controlling any
of the programs listed in clause (i) of subparagraph (B) of paragraph
(1) of subdivision (a) of Section 54761 and Section 64000, and the
board may grant the request if the waiver does not result in a
decrease in the instructional time otherwise required by law or
regulation or an increase in state costs and is determined to be
consistent with subdivision (a) of Section 46300.
   (e) A school that demonstrates significant growth shall be granted
maximum flexibility in its expenditure of any new or existing
categorical funds not otherwise prohibited under state or federal law
to enable the school to continue improvement in pupil performance.
   52058.  (a) By January 31, 2002, each school district with schools
participating in the Immediate Intervention/Underperforming Schools
Program established pursuant to Section 52053 shall submit to the
Superintendent of Public Instruction an evaluation of the impact,
costs, and benefits of the program as it relates to the school
district and the schools under its jurisdiction that are
participating in the program and whether or not the schools met their
growth targets, with an analysis of the reasons why the schools have
or have not met those growth targets.  Costs to develop and submit
the evaluation shall be funded with resources provided pursuant to
Article 3 (commencing with Section 52053).
   (b) By January 15, 2000, the Superintendent of Public Instruction
shall develop, and the State Board of Education shall approve, the
guidelines for a request for proposal for an independent evaluator as
described in this subdivision.  By September 1, 2000, the
Superintendent of Public Instruction shall contract with an
independent evaluator to prepare a comprehensive evaluation of the
implementation, impact, costs, and benefits of the Immediate
Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program.  The preliminary results of the
evaluation shall be disseminated to the Legislature, the Governor,
and interested parties no later than March 31, 2002, with a final
report no later than June 30, 2002.  The final report shall include
recommendations for necessary or desirable modifications to the
programs established pursuant to this chapter.
   (c) The evaluations shall consider all of the following:
   (1) Pupil performance data, including, but not limited to, results
of assessments used to determine whether or not schools have made
significant progress towards meeting their growth targets.
   (2) Program implementation data, including, but not limited to, a
review of startup activities, community support, parental
participation, staff development activities associated with
implementation of the program, percentage of fully credentialed
teachers, percentage of teachers who hold emergency credentials,
percentage of teachers assigned outside their subject area of
competence, the accreditation status of the school if appropriate,
average class size per grade level, and the number of pupils in a
multitrack year-round educational program.
   (3) (A) Pupil performance data, and its impact on the API, for
each of the following subgroups:
   (i) English language learners.
   (ii) Pupils with exceptional needs.
   (iii) Pupils that qualify for free or reduced price meals and are
enrolled in schools that receive funds under Chapter 1 of the federal
Elementary and Secondary Education Act of 1965, as amended by the
Augustus F.  Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 (P.L. 100-290).
   (B) Information concerning individual pupils may not be disclosed
in the process of preparing pupil performance data pursuant to this
subdivision.
   (d) The Superintendent of Public Instruction shall recommend and
the State Board of Education shall approve a schedule for biennial
evaluations of the programs established pursuant to this chapter,
subsequent to the evaluation required by this section.  The biennial
evaluations shall be submitted, with appropriate recommendations, by
June 30 of every odd-numbered year, commencing with the year 2003.
  SEC. 2.  (a) The sum of one hundred ninety-three million two
hundred thousand dollars ($193,200,000) is hereby appropriated
according to the following schedule:
   (1) Sixty-three million seven hundred four thousand dollars
($63,704,000) from the General Fund to the Superintendent of Public
Instruction for allocation to school districts for purposes of
providing funding for planning and grants for implementing the
Immediate Intervention/Underperforming Schools Program as set forth
in Article 3 (commencing with Section 52053) of Chapter 6.1 of Part
28 of the Education Code.
   (2) Thirty-two million four hundred forty-six thousand dollars
($32,446,000) from the Federal Trust Fund to the Superintendent of
Public Instruction for allocation to school districts for purposes of
providing funding for planning and grants for implementing the
Immediate Intervention/Underperforming Schools Program as set forth
in Article 3 (commencing with Section 52053) of Chapter 6.1 of Part
28 of the Education Code.
   (3) Ninety-six million one hundred fifty thousand dollars
($96,150,000) from the General Fund to the Superintendent of Public
Instruction for allocation to school districts that meet or exceed
performance growth targets established by the board pursuant to the
High Achieving/Improving Schools Program as set forth in Article 4
(commencing with Section 52056) of Chapter 6.1 of Part 28 of the
Education Code.  Funds appropriated pursuant to this paragraph that
have not been allocated by June 30, 2000, shall be available for
allocation and expenditure for purposes of this paragraph in the
2001-02 fiscal year.
   (4) Nine hundred thousand dollars ($900,000) from the General Fund
to the Superintendent of Public Instruction to provide support
services related to programs established by the Public Schools
Accountability Act of 1999 pursuant to Chapter 6.1 (commencing with
Section 52050) of Part 28 of the Education Code.
   (b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by paragraphs (1) and (3) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
1999-2000 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1999-2000 fiscal year.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.