BILL NUMBER: AB 400 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 12, 2007
INTRODUCED BY Assembly Member Nunez
FEBRUARY 15, 2007
An act to amend Section 52052 of the Education Code, relating to
public school accountability.
LEGISLATIVE COUNSEL'S DIGEST
AB 400, as amended, Nunez. Public school accountability.
The Public Schools Accountability Act of 1999 requires the
Superintendent of Public Instruction to develop an Academic
Performance Index (API), which consists in part of the results of the
tests administered pursuant to the Standardized Testing and
Reporting (STAR) Program. The API measures the performance of schools
and the academic performance of pupils and consists of a variety of
indicators, including pupil scores from a list of specified tests.
The results of those specified tests constitute 60% of the value of
the API.
This bill instead would require that the results of those
test tests constitute 50% of the value of the
API. Commencing with the 2008-09 2009-
10 fiscal year, the Superintendent , in consultation
with the State Board of Education, would be required to
incorporate various indicators into the API, including high school
graduation rates, rates by which pupils are offered and actually
complete a course of study that fulfills the requirements and
prerequisites for admission to California public institutions of
postsecondary education, and rates by which pupils are offered and
actually complete a course of study that provides the skills and
knowledge necessary to attain entry-level employment in business or
industry when they graduate from high school. The indicators
incorporated by the Superintendent would constitute the other 50% of
the API.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52052 of the Education Code is amended to read:
52052. (a) (1)
The (a)
(1) Except as provided pursuant
to subdivision (c), the Superintendent, with approval of the
state board, shall develop an Academic Performance Index (API), to
measure the performance of schools, especially the academic
performance of pupils.
(2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English language learners.
(D) Pupils with disabilities.
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
(i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
(ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
(B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
(C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the State Board state board
.
(4) 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 and the graduation rates for pupils in secondary schools.
(A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
(i) 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 9th grade for the first time, divided by the total
calculated in clause (ii).
(ii) The number of pupils entering 9th grade for the first time in
the school year three school years prior to 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 prior to 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 prior to
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.
(B) 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 administered pursuant to Section
60851, 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 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.
(C) Before including high school graduation rates in the API, the
Superintendent shall determine the extent to which the data are
currently reported to the state and the accuracy of the data.
Notwithstanding any other provision of 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.
(D) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant subgroups scoring below average on
statewide standards statewide-standards aligned
assessments. In addition, the data shall be made available in a
manner that provides for comparisons of a minimum of three years of
data.
(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
developed pursuant to Section 60604.
(2) The nationally normed test designated pursuant to Section
60642.
(3) The standards-based achievement tests provided for in Section
60642.5.
(4) The high school exit examination.
(c) In addition to the pupil scores from the tests set forth in
subdivision (b) and commencing with the 2008-09
2009-10 fiscal year, the Superintendent , in
consultati on with the state board, shall
incorporate the following indicators into the API for schools
serving any of grades 8 to 12, inclusive, using the best
available data:
(1) High school graduation rates calculated as specified in
subparagraph (A) of paragraph (4) of subdivision (a).
(2) Rates by which pupils are offered and actually complete a
course of study that fulfills the requirements and prerequisites for
admission to California public institutions of postsecondary
education, as set forth in subdivision (a) of Section 51228.
(3) Rates by which pupils are offered and actually complete a
course of study that provides the skills and knowledge necessary to
attain entry-level employment in business or industry when they
graduate from high school, as set forth in subdivision (b) of Section
51228. For purposes of this paragraph, the Superintendent shall
use indicators derived from one or more of the following:
(A) Satisfactory completion of a designated career and technical
education course or series of courses.
(B) The number or percentage of pupils who earn a certificate,
license, or the equivalent in the designated occupation for which it
is issued.
(C) The scores of pupils on valid and reliable assessments,
including portfolio assessments, that are designed to assess the
degree to which pupils have acquired the skills and knowledge
necessary to be successful in a specific occupation or in the general
workforce.
(D) Workforce outcomes for pupils graduating from high school may
include, but are not limited to, employment rates and earnings.
(E) The number of courses offered to pupils that meet the career
technical education content standards adopted by the state board.
(d) Based on the API, the Superintendent shall develop, and the
State Board 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 state board
pursuant to subdivision (e), 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 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.
(e) Upon adoption of state performance standards by the
State Board state board , the Superintendent
shall recommend, and the State Board 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. When
the API is fully developed, schools, at a minimum, must meet their
annual API growth targets to be eligible for the Governor's
Performance Award Program as set forth in Section 52057. The State
Board may establish additional criteria that schools must meet to be
eligible for the Governor's Performance Award Program.
(f) The API shall be used for both of the following:
(1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
(2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
(g) (1) A school 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 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 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 are not
representative of the pupil population at the school.
(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.
(3) If a school has less 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 Sections 60640 and 60644 and the high
school exit examination administered pursuant to Section 60851,
consistent with regulations adopted by the State Board
state board .
(h) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(i) The Superintendent, with the approval of the State
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.
(j) On or before the 2013-14 fiscal year, the Superintendent shall
implement all of the following:
(1) Results of the achievement test and other tests specified in
subdivision (b) shall constitute 50 percent of the value of the API.
(2) The indicators described in subdivision (c) shall collectively
constitute 50 percent of the value of the API.
(3) Except as provided in paragraph (4), the indicators described
in subdivision (c) shall be assigned equal weight in the API.
(4) The indicators described in subdivision (c) shall be designed
in a manner that gives additional weight to the combined rated by
which pupils satisfy the conditions described in paragraphs (2) and
(3) of subdivision (c).
(j) (1) Results of the achievement test and other tests specified
in subdivision (b) shall constitute 50 percent of the value of the
index.
(2) The indicators described in subdivision (c) collectively shall
constitute 50 percent of the value of the index.
(3) Except as provided in paragraph (4), the indicators described
in subdivision (c) shall be assigned equal weight in the index.
(4) The Superintendent shall design the indicators described in
subdivision (c) in a manner that gives additional weight to the
combined rate by which pupils satisfy the conditions described in
paragraphs (2) and (3) of that subdivision.
(k) For purposes of paragraph (3) of subdivision (c), the
Superintendent shall use indicators derived from one or more of the
following:
(1) Satisfactory completion of a designated career and technical
education course or series of courses.
(2) The number or percentage of pupils who earn a certificate,
license, or the equivalent in the designated occupation for which it
is issued.
(3) The scores of pupils on valid and reliable assessments,
including portfolio assessments, that are designed to assess the
degree to which pupils have acquired the skills and knowledge
necessary to be successful in a specific occupation or in the general
workforce.
(4) Workforce outcomes for pupils graduating from high school may
include, but are not limited to, employment rates and earnings.
(5) The number of courses offered to pupils that meet the career
technical education content standards adopted by the State Board.