BILL NUMBER: SB 405 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2007
INTRODUCED BY Senator Steinberg
FEBRUARY 21, 2007
An act to amend Sections 1240, 49067, 51224, 51228, 52052,
52236, 52378, 52380, and 66204 of, to add and repeal Chapter 18
(commencing with Section 53100) of Part 28 of Division 4 of Title 2
of, and to repeal Section 52336.1 of, the Education Code,
relating to school curriculum.
LEGISLATIVE COUNSEL'S DIGEST
SB 405, as amended, Steinberg. Schools: curriculum: opportunities
for pupils.
Existing
(1) Existing law requires school
district maintaining any of grades 7 to 12, inclusive, to offer to
all otherwise qualified pupils in those grades a course of study
fulfilling the requirements and prerequisites for admission to the
California public institutions of postsecondary education and to
provide a timely opportunity to each of those pupils to enroll within
a 4-year period in each course necessary to fulfill those
requirements and prerequisites prior to graduation from high school.
Each school district maintaining any of grades 7 to 12, inclusive,
also is required to offer to all otherwise qualified pupils in those
grades a course of study that provides an opportunity for those
pupils to attain entry-level employment skills in business or
industry upon graduation from high school, and is encouraged to
provide all pupils with a rigorous academic curriculum that
integrates academic and career skills, incorporates applied learning
in all disciplines, and prepares all pupils for high school
graduation and career entry.
This bill would express the intent of the Legislature to enact
legislation to close the opportunity gap for the pupils of
California, in part, by enabling pupils to have the opportunity to
complete all the courses required for admission to the California
State University or the University of California at their own
schools; ensuring that the career technical education coursework is
sufficiently rigorous to allow meaningful entry into the workforce;
increasing the opportunities for pupils to participate in
comprehensive, multiyear programs that integrate college preparatory
academics and technical study; and ensuring that schools have the
capacity to provide sufficient counseling for pupils and sufficient
numbers of teachers prepared to teach the subjects to which they are
assigned.
This bill would establish, until January 1, 2014, the Fair
Competition for College and Career Pilot Program, to be administered
by the Superintendent of Public Instruction. The Superintendent would
be required to invite comprehensive high schools, based on specified
criteria, to apply for the program and to select up to 100 schools
for participation in the program. Schools participating in the
program would receive grants of $100 per pupil to be used to increase
the course offerings of the school and provide support for the
pupils related to career technical education and courses satisfying
the admission requirements for California public institutions of
postsecondary education.
(2) Existing law requires a county superintendent of schools to
undertake specified duties regarding the oversight of the school
districts within his or her jurisdiction.
This bill would require a county superintendent of schools to
perform additional duties related to ensuring that pupils in grades 7
to 12, inclusive, have access to the courses that are requirements
for admission to the University of California and the California
State University, in part, by annually reviewing a school ranked in
deciles 1 to 3, inclusive, of the specified base Academic Performance
Index (API), and taking specified steps when he or she determines a
school has failed to make the college prerequisite courses available.
(3) Existing law requires the governing board of a school district
to prescribe regulations requiring the evaluation of the achievement
of a pupil for each marking period and requiring a conference with,
or a written report to, the parent of a pupil whenever it becomes
evident to the teacher that the pupil is in danger of failing a
course.
This bill would require these regulations to also require a
conference or written report if a pupil is at risk of not meeting the
curricular requirements for admission to the University of
California and the California State University.
(4) Existing law requires the governing board of a school district
maintaining a high school is required to prescribe separate college
preparatory and career technical education courses of study. Each
school district maintaining any of grades 7 to 12, inclusive, is
required to offer to all otherwise qualified pupils those courses of
study. A pupil who has successfully completed his or her education,
through grade 10, with written parental consent, may choose to follow
either course of study.
The bill would require the governing board of a school district to
prescribe courses of study that include study for college admission
preparation and career technical education, rather than requiring 2
separate courses of study to be prescribed. Specific ways in which a
school district may satisfy the requirement to offer a college
preparatory course of study would be added. The provision authorizing
a pupil who has completed grade 10 to choose between a separate
college preparatory course of study and a separate career technical
education course of study would be repealed.
(5) Under existing law, the API is established to measure the
performance of schools and the academic performance of pupils.
This bill would require API to include additional indicators
related to the completion rates of coursework required for admission
to the California public institutions of postsecondary education and
career technical education coursework that meets the curriculum
framework adopted by the State Board of Education.
(6) Existing law authorizes a business, trade or professional
association, union, or state or local governmental agency operating
within the state to establish and operate, through the local school
district, a career preparatory program within the state pursuant to
specified requirements, including that the entity operating the
program develop and implement for all enrolled pupils a course of
instruction that satisfies the curricular requirements for graduation
from high school.
The bill, instead, would require that the course of instruction be
one that satisfies the curricular requirements for admission to the
University of California and the California State University.
(7) Under existing law, the Middle and High School Supplemental
Counseling Program is established to provide additional counseling
services to pupils in grades 7 to 12, inclusive. As a condition of
receiving funds, the governing board of each school district
maintaining any of grades 7 to 12, inclusive, is required to hold a
public meeting to adopt the program, which is required to include
specified provisions. A school district also is required to submit an
annual report related to the program requirements and pupil
achievement to the Superintendent.
This bill would expand the program requirements to include
provisions for individualized review of the career goals of the pupil
and academic and career-related opportunities available to the pupil
and for explanation of the coursework and academic progress required
for eligibility for admission to a four-year college. School
districts, as a condition of the program, also would be required to
perform additional duties related to identifying and monitoring
pupils who are not on track to satisfy the curricular requirements
for admission to the University of California or the California State
University and to mandate each school perform additional duties
related to that subject. The annual report, rather than including the
number of pupils who participated in the required conferences and
passed the high school exit examination, would include the number of
pupils who did both of those items and also satisfied the
requirements for admission to the University of California and the
California State University.
(8) Existing law requires the Superintendent to assist school
districts to ensure that all public high school pupils have access to
a core curriculum that meets the requirements for admission to the
University of California and the California State University.
This bill would require the Superintendent to submit to the State
Board an annual report, if funds are appropriated for this purpose,
regarding compliance of school districts in which middle and high
schools are ranked in deciles 1 to 3, inclusive of the 2003 base
Academic Performance Index, with the requirements that all otherwise
qualified pupils have access to courses of college preparatory and
career technical education courses of study.
(9) To the extent that additional duties would be required of
local educational agencies or officials, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and declares all of
the following:
(1) The goal of public education for kindergarten and grades 1 to
12, inclusive, is to prepare pupils for productive civic
participation, including sustaining employment, bettering their
communities, and meeting their personal and family needs.
(2) In California today, too many public school pupils are denied
future opportunities because their schools do not offer them
rigorous, relevant coursework--with teachers trained in, and
supported to succeed at, imparting the subjects they teach--that
prepares the pupils for the full range of postsecondary educational
options, including two- and four-year college programs and entering
the workforce.
(3) In addition to higher wages and salaries, data shows that
increased levels of educational attainment and academic achievement
improve the future abilities of pupils to earn a good living and
sustain a career in other ways. They correlate strongly with improved
worker productivity , ; less
unemployment; greater benefits; the ability to learn new skills and
workplace operations more rapidly; exposure to, and engagement with,
computers; and a better ability to negotiate the labor market.
(4) California public high school graduates, in the aggregate, are
unprepared to meet the demands either of the workforce or of college
entrance. Changes in the labor market suggest that nearly all of the
rapidly growing, well paying jobs and occupations require
postsecondary or continuing education. Moreover, the average worker
in the United States will change his or her occupation four to six
times during his or her lifetime. Therefore, schools must provide
pupils with a broad range of academic and technical skills that
require higher order thinking to ensure their long-term success in
the workplace.
(5) According to the Career Technical Education Initiative of
Governor Schwarzenegger, many high-tech industries, such as
biotechnology, computer manufacturing, and health care, complain
about a shortage of skilled employees in the workforce. That shortage
persists despite the 42 percent of high school pupils who enroll in
career technical education (CTE) courses beyond the introductory
level.
(6) According to State Department of Education data, 55 percent of
California public high schools--serving approximately 900,000
pupils--do not provide a sufficiently rigorous curriculum for pupils
to complete the courses that are minimally required for admission
eligibility to the California State University and the University of
California. In more than one-quarter of the public high schools of
California, more than 20 percent of college preparatory courses are
taught by teachers who are not trained in the subject matter they
teach.
(7) Although most California communities feel the effect of the
educational crisis of the state, all communities do not suffer
equally. According to a recent study entitled "Removing the
Roadblocks: Fair College Opportunities For All California Students,"
published by the University of California All Campus Consortium for
Research Diversity and the UCLA Institute for Democracy, Education
and Access, schools with high concentrations of low-income pupils,
pupils of color, and English language learners report the highest
shortages of college preparatory courses in the state and are more
likely to offer college preparatory courses taught by teachers who
are not properly qualified to teach in the course subject matter.
Seventy percent of schools the enrollment of which is 90 to 100
percent African American and Latino pupils do not offer enough
college preparatory courses for all pupils to be able to take the
courses. These high schools are almost three times as likely as
schools enrolling a majority of caucasian pupils to misassign
significant percentages of teachers teaching college preparatory
courses.
(8) According to a March 2006 poll conducted on behalf of the
James Irvine Foundation by Peter D. Hart Research Associates, Inc.,
89 percent of the grade 9 and 10 pupils in California believe that a
school where they could take courses that they need for college, but
also have more opportunity to acquire skills and knowledge relevant
to future careers, would be more interesting to them. In addition, 91
percent of those pupils say they would be more motivated to work
hard and do well if they attended that kind of a
school. California can and should provide that type of schooling to
its pupils. Yet, according to State Department of Education data, in
the 2005-06 school year, only 16.5 percent of the total number of CTE
courses taught in California public high schools met the minimum
eligibility requirements for admission to the California State
University and the University of California.
(9) As the Superintendent of Public Instruction explained in a
March 2004 editorial published in the Sacramento Bee, "The job of
K-12 education in California must be to ensure that all our students
graduate with the ability to fulfill their potential--whether that
takes them to higher education or directly to their career.
Unfortunately ... too many of our students are not adequately
prepared for either. By raising our expectations for our students, we
can and will begin to change that."
(b) It is the intent of the Legislature to enact legislation to
accomplish all of the following:
(1) Close the opportunity gap for the public school pupils of
California, assuring that immediately and over time pupils have full,
meaningful opportunities to realize their dreams for their futures,
in the workforce as well as in higher education; and
encourage the high schools of California to offer pupils multiple
pathways to lasting success in both their future education and their
careers.
(2) Provide incentives and sanctions to ensure that every high
school offers a sufficient number of college preparatory courses to
enable every pupil to satisfy college eligibility requirements, in
sequence, at their own school, with adequate counseling to ensure
pupils are advised of the sequence requirements, including before
their grade 9 course schedules are determined.
(3) Increase opportunities for the high school pupils of
California to participate in comprehensive, multiyear programs that
integrate college preparatory academics and technical study,
organized around a major industry or career focus, that prepares them
for further, postsecondary education and a career.
(4) Promote development of curricula including both academic and
CTE courses that integrates the academic and CTE content standards of
the state to produce clusters and sequences of courses that engage
more high school pupils and, through industry related applications,
help them understand the necessity of mastering higher levels of
academic and technical knowledge.
(5) Set a standard according to which CTE coursework is
sufficiently rigorous to allow meaningful entry into the workforce
and, at the same time, allowing every pupil an opportunity to satisfy
the minimum coursework requirements, in sequence and in the school
of each pupil, for admission eligibility to the California State
University and the University of California.
(6) Modify the Middle and High School Supplemental Counseling
Program (Article 4.5 (commencing with Section 52378) of Chapter 9 of
Part 28 of the Education Code) to ensure that districts participating
in the two hundred million dollar ($200,000,000) program provide
counselors who advise pupils regarding course taking options that
integrate career preparation with college eligibility requirements.
(7) Ensure the provision of appropriately trained teachers for all
coursework, including career technical and college eligibility
coursework, and build the capacity of CTE teachers to reinforce and
supplement academic knowledge and skills related to their industry
and the capacity of academic teachers to connect their particular
discipline to industry related applications and problems.
(8) Build the capacity of districts and schools in the state to
achieve the standards for course rigor and offerings, including, but
not limited to, shifting school schedules to more flexible schedules
that allow for greater course taking options and utilizing new and
existing professional development programs.
(9) Provide for external oversight, including public
accountability and school- and pupil-level data, to ensure that
school districts offer rigorous coursework sufficient for workforce
entrance and four-year college eligibility.
(10) Shore up existing data systems to fully provide an
integrated, transparent data system that allows parents and legal
guardians, the community, and policymakers to access useful
information about the provision by schools of courses that prepare
pupils for both career and college, as well as the success of schools
in increasing rates of high school completion and the transition of
pupils to postsecondary education and work.
(11) Provide incentives, and no disincentives, for school
districts to come into greater compliance with the standards of
providing counselors who advise pupils regarding course taking
options that integrate career preparation with college eligibility
requirements, as the districts build capacity to do so.
(12) Build academic relevance by increasing the number of CTE
courses that satisfy requirements for classes that prospective
California State University and University of California pupils are
required to complete while in high school, and by encouraging more
attention to authentic, industry-related applications of the academic
knowledge and skills taught in college-preparatory academic subjects
that pupils are required to complete for high school graduation and
to be eligible for admission to the California State University and
the University of California.
(13) Codify the intent of the framework for educational offerings
in CTE adopted by the State Board of Education in January 2007. This
framework expressly acknowledges that:
"(T)he building blocks for CTE are, in part, the academic knowledge
gained in core courses such as English and mathematics, and success
in CTE is dependent on students' increasing skills and knowledge in
multiple arenas within the academic core. For example, veterinary
medical courses are of little use without a detailed understanding of
biology, accounting courses are founded on mathematical knowledge,
and the family and human services pathway professions all require
high-level communication skills initially fostered in
English-language arts courses. It is essential that CTE courses
integrate, support, and reinforce core academics to ensure that
students have these skills for the CTE foundation."
SEC. 2. Section 1240 of the Education
Code is amended to read:
1240. The county superintendent of schools shall do all of the
following:
(a) Superintend the schools of his or her county.
(b) Maintain responsibility for the fiscal oversight of each
school district in his or her county pursuant to the authority
granted by this code.
(c) (1) Visit and examine each school in his or her county at
reasonable intervals to observe its operation and to learn of its
problems. He or she may annually present a report of the state of the
schools in his or her county, and of his or her office, including,
but not limited to, his or her observations while visiting the
schools, to the board of education and the board of supervisors of
his or her county.
(2) (A) For fiscal years 2004-05 to 2006-07, inclusive, to the
extent that funds are appropriated for purposes of this paragraph,
the county superintendent, or his or her designee, shall annually
submit a report, at a regularly scheduled November board meeting, to
the governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index (API), as defined in subdivision (b) of Section 17592.70, and
shall include, among other things, his or her observations while
visiting the schools and his or her determinations for each school
regarding the status of all of the circumstances listed in
subparagraph (I) and teacher misassignments and teacher vacancies. As
a condition for receipt of funds, the county superintendent, or his
or her designee, shall use a standardized template to report the
circumstances listed in subparagraph (I) and teacher misassignments
and teacher vacancies, unless the current annual report being used by
the county superintendent, or his or her designee, already includes
those details for each school.
(B) Commencing with the 2007-08 fiscal year, to the extent that
funds are appropriated for purposes of this paragraph, the county
superintendent, or his or her designee, shall annually submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to
Section 52056. As a condition for the receipt of funds, the annual
report shall include the determinations for each school made by the
county superintendent, or his or her designee, regarding the status
of all of the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision. For
purposes of this section, schools ranked in deciles 1 to 3,
inclusive, on the 2006 base API shall include any schools determined
by the department to meet either of the following:
(i) The school meets all of the following criteria:
(I) Does not have a valid base API score for 2006.
(II) Is operating in fiscal year 2007-08 and was operating in
fiscal year 2006-07 during the Standardized Testing and Reporting
(STAR) Program testing period.
(III) Has a valid base API score for 2005 that was ranked in
deciles 1 to 3, inclusive, in that year.
(ii) The school has an estimated base API score for 2006 that
would be in deciles 1 to 3, inclusive.
(C) The department shall estimate an API score for any school
meeting the criteria of subclauses (I) and (II) of clause (i) of
subparagraph (B) of paragraph (2) and not meeting
the criteria of subclause (III) of clause (i) of subparagraph (B)
of paragraph (2) , using available testing scores
and any weighting or corrective factors it deems appropriate. The
department shall post the API scores on its Internet Web site on or
before May 1.
(D) For purposes of this section, references to schools ranked in
deciles 1 to 3, inclusive, on the 2006 base API shall exclude any
schools operated by county offices of education pursuant to Section
56140, as determined by the department.
(E) (i) Commencing with the 2010-11 fiscal year and every third
year thereafter, the Superintendent shall identify a list of schools
ranked in deciles 1 to 3, inclusive, of the API for which the county
superintendent, or his or her designee, shall annually submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county that describes the
state of the schools in the county or of his or her office that are
ranked in deciles 1 to 3, inclusive, of the base API as defined in
clause (ii).
(ii) For the 2010-11 fiscal year, the list of schools ranked in
deciles 1 to 3, inclusive, of the base API shall be updated using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the 2009 base
API and thereafter shall be updated every third year using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the base API of
the year preceding the third year consistent with clause (i).
(iii) As a condition for the receipt of funds, the annual report
shall include the determinations for each school made by the county
superintendent, or his or her designee, regarding the status of all
of the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision.
(F) The county superintendent of the Counties of Alpine, Amador,
Del Norte, Mariposa, Plumas, Sierra, and the City and County of San
Francisco shall contract with another county office of education or
an independent auditor to conduct the required visits and make all
reports required by this paragraph.
(G) On a quarterly basis, the county superintendent, or his or her
designee, shall report the results of the visits and reviews
conducted that quarter to the governing board of the school district
at a regularly scheduled meeting held in accordance with public
notification requirements. The results of the visits and reviews
shall include the determinations of the county superintendent, or his
or her designee, for each school regarding the status of all of the
circumstances listed in subparagraph (I) and teacher misassignments
and teacher vacancies. If the county superintendent, or his or her
designee, conducts no visits or reviews in a quarter, the quarterly
report shall report that fact.
(H) The visits made pursuant to this paragraph shall be conducted
at least annually and shall meet the following criteria:
(i) Minimize disruption to the operation of the school.
(ii) Be performed by individuals who meet the requirements of
Section 45125.1.
(iii) Consist of not less than 25 percent unannounced visits in
each county. During unannounced visits in each county, the county
superintendent shall not demand access to documents or specific
school personnel. Unannounced visits shall only be used to observe
the condition of school repair and maintenance, and the sufficiency
of instructional materials, as defined by Section 60119.
(I) The priority objective of the visits made pursuant to this
paragraph shall be to determine the status of all of the following
circumstances:
(i) Sufficient textbooks as defined in Section 60119 and as
specified in subdivision (i).
(ii) The condition of a facility that poses an emergency or urgent
threat to the health or safety of pupils or staff as defined in
district policy or paragraph (1) of subdivision (c) of Section
17592.72.
(iii) The accuracy of data reported on the school accountability
report card with respect to the availability of sufficient textbooks
and instructional materials, as defined by Section 60119, and the
safety, cleanliness, and adequacy of school facilities, including
good repair as required by Sections 17014, 17032.5, 17070.75, and
17089.
(J) The county superintendent may make the status determinations
described in subparagraph (I) during a single visit or multiple
visits. In determining whether to make a single visit or multiple
visits for this purpose, the county superintendent shall take into
consideration factors such as cost-effectiveness, disruption to the
schoolsite, deadlines, and the availability of qualified reviewers.
(K) If the county superintendent determines that the condition of
a facility poses an emergency or urgent threat to the health or
safety of pupils or staff as defined in district policy or paragraph
(1) of subdivision (c) of Section 17592.72, or is not in good repair,
as specified in subdivision (d) of Section 17002 and required by
Sections 17014, 17032.5, 17070.75, and 17089, the county
superintendent may, among other things, do any of the following:
(i) Return to the school to verify repairs.
(ii) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance if the district has not
provided evidence of successful repairs within 30 days of the
county superintendent's visit of the county
superintendent or, for major projects, has not provided
evidence that the repairs will be conducted in a timely manner. The
report may be provided to the governing board of the school district.
If the report is provided to the school district, it shall be
presented at a regularly scheduled meeting held in accordance with
public notification requirements. The county superintendent shall
post the report on its his or her
Internet Web site. The report shall be removed from the Internet Web
site when the county superintendent verifies the repairs have been
completed.
(d) Distribute all laws, reports, circulars, instructions, and
blanks that he or she may receive for the use of the school officers.
(e) Annually, on or before August 15, present a report to the
governing board of the school district and the Superintendent
regarding the fiscal solvency of any school district with a
disapproved budget, qualified interim certification, or a negative
interim certification, or that is determined at any time to be in a
position of fiscal uncertainty pursuant to Section 42127.6.
(f) Keep in his or her office the reports of the Superintendent.
(g) Keep a record of his or her official acts, and of all the
proceedings of the county board of education, including a record of
the standing, in each study, of all applicants for certificates who
have been examined, which shall be open to the inspection of any
applicant or his or her authorized agent.
(h) Enforce the course of study.
(i) (1) Enforce the use of state textbooks and instructional
materials and of high school textbooks and instructional materials
regularly adopted by the proper authority in accordance with Section
51050.
(2) For purposes of this subdivision, sufficient textbooks or
instructional materials has the same meaning as in subdivision (c) of
Section 60119.
(3) (A) Commencing with the 2005-06 school year, if a school is
ranked in any of deciles 1 to 3, inclusive, of the 2003 base API, as
defined in subdivision (b) of Section 17592.70, and not currently
under review pursuant to a state or federal intervention program, the
county superintendent shall specifically review that school at least
annually as a priority school. A review conducted for purposes of
this paragraph shall be completed by the fourth week of the school
year. For the 2004-05 fiscal year only, the county
superintendent shall make a diligent effort to conduct a visit to
each school pursuant to this paragraph within 120 days of receipt of
funds for this purpose.
(B) In order to facilitate the review of instructional materials
before the fourth week of the school year, the county superintendent
of schools in a county with 200 or more schools that are ranked in
any of deciles 1 to 3, inclusive, of the 2003 base API, as defined in
subdivision (b) of Section 17592.70, may utilize a combination of
visits and written surveys of teachers for the purpose of determining
sufficiency of textbooks and instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined in subdivision (c) of Section 60119. If a county
superintendent of schools elects to conduct written surveys of
teachers, the county superintendent of schools shall visit the
schools surveyed within the same academic year to verify the accuracy
of the information reported on the surveys. If a county
superintendent surveys teachers at a school in which the county
superintendent has found sufficient textbooks and instructional
materials for the previous two consecutive years and determines that
the school does not have sufficient textbooks or instructional
materials, the county superintendent shall within 10 business days
provide a copy of the insufficiency report to the school district as
set forth in paragraph (4).
(C) For purposes of this paragraph, "written surveys" may include
paper and electronic or online surveys.
(4) If the county superintendent determines that a school does not
have sufficient textbooks or instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined by subdivision (c) of Section 60119, the county
superintendent shall do all of the following:
(A) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance.
(B) Provide within five business days of the review, a copy of the
report to the school district, as provided in subdivision (c), or,
if applicable, provide a copy of the report to the school district
within 10 business days pursuant to subparagraph (B) of paragraph
(3).
(C) Provide the school district with the opportunity to remedy the
deficiency. The county superintendent shall ensure remediation of
the deficiency no later than the second month of the school term.
(D) If the deficiency is not remedied as required pursuant to
subparagraph (C), the county superintendent shall request the
department to purchase the textbooks or
instructional materials necessary to comply with the sufficiency
requirement of this subdivision. If the department purchases
textbooks or instructional materials for the school district, the
department shall issue a public statement at the first regularly
scheduled meeting of the state board State
Board occurring immediately after the department receives the
county superintendent's request of the county
superintendent and that meets the applicable public notice
requirements, indicating that the district superintendent and the
governing board of the school district failed to provide pupils with
sufficient textbooks or instructional materials as required by this
subdivision. Before purchasing the textbooks or instructional
materials, the department shall consult with
the district to determine which textbooks or
instructional materials to purchase. All purchases of textbooks or
instructional materials shall comply with Chapter 3.25 (commencing
with Section 60420) of Part 33. The amount of funds necessary for the
purchase the textbooks and materials is a loan to the school
district receiving the textbooks or instructional materials. Unless
the school district repays the amount owed based upon an agreed-upon
repayment schedule with the Superintendent, the Superintendent shall
notify the Controller and the Controller shall deduct an amount equal
to the total amount used to purchase the textbooks and materials
from the next principal apportionment of the district or from another
apportionment of state funds.
(j) Preserve carefully all reports of school officers and
teachers.
(k) Deliver to his or her successor, at the close of his or her
official term, all records, books, documents, and papers belonging to
the office, taking a receipt for them, which shall be filed with the
department.
(j) (1) (A) Enforce the availability to all otherwise qualified
pupils in grades 7 to 12, inclusive, of a course of study fulfilling
the requirements and prerequisites for admission to the California
public institutions of postsecondary education, in accordance with
Section 51228.
(B) For purposes of this subdivision, availability to all
otherwise qualified pupils has the same meaning as in subdivision (b)
of Section 51228.
(2) Commencing with the 2008-09 school year, if a school is ranked
in any of deciles 1 to 3, inclusive, of the base Academic
Performance Index, as specified in paragraph (2) of subdivision (c),
the county superintendent shall review that school at least annually
as a priority school.
(3) If the county superintendent determines that the school does
not make available to all otherwise qualified pupils in grades 7 to
12, inclusive, a course of study fulfilling the requirements for
admission to the California public institutions of postsecondary
education in accordance with Section 51228, the county superintendent
shall, within the same school year, do both of the following:
(A) Assess whether the school is deficient in one or more of the
following areas:
(i) Provision of sufficient courses in high schools that are
certified by the University of California as meeting the requirements
for admission to the University of California and the California
State University in a manner that every otherwise qualified pupil is
able to access in the sequence of introductory and then advanced
courses recommended by the University of California and the
California State University, as applicable.
(ii) Assignment of teachers who hold a credential and subject
matter certification in the subject matter in which they teach, to
courses that are certified by the University of California as meeting
the requirements for admission to the University of California and
the California State University.
(iii) Provision of instructional support sufficient for pupils
enrolled in courses that are certified by the University of
California as meeting the requirements for admission to the
University of California and the California State University to be
able to achieve a grade of C or better in the courses.
(iv) Assignment within middle schools of pupils to prealgebra or
higher level mathematics courses and foreign language courses that
are certified by the University of California as meeting the
requirements for admission to the University of California and the
California State University.
(B) In response to the assessment conducted in subparagraph (A),
take one or more of the following steps:
(i) Develop and report on a plan, including benchmarks, for
increased availability of courses that are certified by the
University of California as meeting the requirements for admission to
the University of California and the California State University to
achieve compliance with Section 51228, including modifications to
core academic courses to integrate career technical education and
learning strategies that include the application of coursework to
career settings.
(ii) Provide management assistance and counselor in-service
training to ensure that otherwise eligible middle and high school
pupils are able to enroll in courses that are certified by the
University of California as meeting the requirements for admission to
the University of California and the California State University.
(iii) Enroll the school in the Advancement Via Individual
Determination (AVID) program to provide technical assistance,
professional development, and site resources to enable secondary
pupils to succeed in rigorous curricula and increase their
opportunities to enroll in four-year colleges.
(iv) If the enrollment of pupils whose first language is not
English, including both English language learners and pupils who have
been reclassified as proficient in English, in the school exceeds 25
percent, provide classes designed to enable native speakers of other
languages to meet the foreign language requirements for admission to
the University of California and the California State University.
(v) Assign a personnel management assistance team, as defined in
Section 44740, to assist the school and school district in increasing
the numbers of teachers who hold a credential and subject matter
certification in the subject matter of the courses they teach that
are certified by the University of California as meeting the
requirements for admission to the University of California and the
California State University, and to encourage the district to apply
for professional development funding, consistent, for example, with
Section 99234, to allow teachers who do not hold either a credential
or a subject matter certification in the subjects they teach to
advance their training and obtain the proper credentials and subject
matter certifications.
(vi) Develop and report on a plan, including benchmarks, for
availability or increased availability of instructional support,
including, but not limited to, extended instructional time, tutoring,
partnership with a university outreach program, and intervention,
sufficient for pupils enrolled in courses that are certified by the
University of California as meeting the requirements for admission to
the University of California and the California State University to
be able to achieve passing grades in those courses.
(k) Preserve carefully all reports of school officers and
teachers.
() (1) Submit two reports during the fiscal year to the county
board of education in accordance with the following:
(A) The first report shall cover the financial and budgetary
status of the county office of education for the period ending
October 31. The second report shall cover the period ending January
31. Both reports shall be reviewed by the county board of education
and approved by the county superintendent of schools no later than 45
days after the close of the period being reported.
(B) As part of each report, the county superintendent shall
certify in writing whether or not the county office of education is
able to meet its financial obligations for the remainder of the
fiscal year and, based on current forecasts, for two subsequent
fiscal years. The certifications shall be classified as positive,
qualified, or negative, pursuant to standards prescribed by the
Superintendent, for the purposes of determining subsequent state
agency actions pursuant to Section 1240.1. For purposes of this
subdivision, a negative certification shall be assigned to any county
office of education that, based upon current projections, will not
meet its financial obligations for the remainder of the fiscal year
or for the subsequent fiscal year. A qualified certification shall be
assigned to any county office of education that may not meet its
financial obligations for the current fiscal year or two subsequent
fiscal years. A positive certification shall be assigned to any
county office of education that will meet its financial obligations
for the current fiscal year and subsequent two fiscal years. In
accordance with those standards, the Superintendent may reclassify
any certification. If a county office of education receives a
negative certification, the Superintendent, or his or her designee,
may exercise the authority set forth in subdivision (c) of Section
1630. Copies of each certification, and of the report containing that
certification, shall be sent to the Superintendent at the time the
certification is submitted to the county board of education. Copies
of each qualified or negative certification and the report containing
that certification shall be sent to the Controller at the time the
certification is submitted to the county board of education.
(2) All reports and certifications required under this subdivision
shall be in a format or on forms prescribed by the Superintendent,
and shall be based on standards and criteria for fiscal stability
adopted by the State Board of Education pursuant
to Section 33127. The reports and supporting data shall be made
available by the county superintendent of schools to any interested
party upon request.
(3) This subdivision does not preclude the submission of
additional budgetary or financial reports by the county
superintendent to the county board of education or to the
Superintendent.
(4) The county superintendent of schools is not responsible for
the fiscal oversight of the community colleges in the county
, however, . However, he or she may perform
financial services on behalf of those community colleges.
(m) Deliver to his or her successor, at the close of his or her
official term, all records, books, documents, and papers belonging to
the office, taking a receipt for them, which shall be filed with the
department.
(m)
(n) If requested, act as agent for the purchase of
supplies for the city and high school districts of his or her county.
(n)
(o) For purposes of Section 44421.5, report to the
Commission on Teacher Credentialing the identity of any certificated
person who knowingly and willingly reports false fiscal expenditure
data relative to the conduct of any educational program. This
requirement applies only if, in the course of his or her normal
duties, the county superintendent of schools discovers information
that gives him or her reasonable cause to believe that false fiscal
expenditure data relative to the conduct of any educational program
has been reported.
SEC. 3. Section 49067 of the Education
Code is amended to read:
49067. (a) The governing board of each school district shall
prescribe regulations requiring the evaluation of each pupil'
s the achievement of each pupil for
each marking period and requiring a conference with, or a written
report to, the parent of each pupil whenever it becomes evident to
the teacher that the pupil is in danger of failing a course or
that the pupil is at risk of not meeting the curricular requirements
for admission to the California public institutions of
postsecondary education . The refusal of the parent to attend
the conference, or to respond to the written report, shall not
preclude failing the pupil at the end of the grading period.
(b) The governing board of any school district may adopt
regulations authorizing a teacher to assign a failing grade to any
pupil whose absences from the teacher's class
of the teacher that are not excused pursuant to Section 48205
equal or exceed a maximum number which that
shall be specified by the board. Regulations adopted pursuant
to this subdivision shall include, but not be limited to, the
following:
(1) A reasonable opportunity for the pupil or the pupil's
parent or legal guardian of the pupil
to explain the absences.
(2) A method for identification in the pupil's
record of the pupil of the failing grades assigned to the
pupil on the basis of excessive unexcused absences.
(c) Notwithstanding the provisions of subdivision (a) of Section
49061, the provisions of this section shall apply to the parent or
legal guardian of any pupil without regard to the age of
the pupil.
SEC. 4. Section 51224 of the Education
Code is amended to read:
51224. The governing board of any a
school district maintaining a high school shall prescribe courses of
study designed to provide the skills and knowledge required for
adult life for pupils attending the schools within its school
district. The governing board shall prescribe separate
courses of study, including, but not limited to, a
course of study designed to prepare prospective pupils for
admission to state colleges and universities and a course
of study for career technical training study designed
to prepare a pupil for work through career technical education
training .
SEC. 5. Section 51228 of the Education
Code is amended to read:
51228. (a) Each (1)
A school district maintaining any of grades 7 to 12,
inclusive, shall offer to all otherwise qualified pupils in those
grades a course of study fulfilling the requirements and
prerequisites for admission to the California public institutions of
postsecondary education and shall provide a timely opportunity to
each of those pupils to enroll within a four-year period in each
course necessary to fulfill those requirements and prerequisites
prior to graduation from high school.
(2) A school district shall be deemed to have fulfilled its
responsibilities pursuant to paragraph (1) if it fulfills, at each
middle school and high school in the district, as applicable, all of
the following requirements:
(A) For a high school, either of the following:
(i) Sixty-seven percent or more of the total courses offered are
certified by the University of California as meeting the requirements
for admission to the University of California and the California
State University and are taught by teachers who hold credentials in
the subject matter of the courses they teach.
(ii) The high school principal certifies that, during the
preceding school year, every pupil who asked to be enrolled in
courses that are taught by teachers who hold credentials in the
subject matter of the courses they teach and that are certified by
the University of California as meeting the requirements for
admission to the University of California and the California State
University, and who had completed, with a passing grade or better,
any prerequisite coursework, was enrolled in the requested courses.
(B) Offers courses that are certified by the University of
California as meeting the requirements for admission to the
University of California and the California State University in a
high school in numbers and at times that allow eligible pupils to
take those courses in the sequence of introductory and then advanced
courses recommended by the University of California and the
California State University, as applicable.
(C) Offers instructional support for pupils who struggle to, or
are at risk of failing to, complete courses that are certified by the
University of California as meeting the requirements for admission
to the University of California and the California State University
in the sequence of introductory and then advanced courses recommended
by the University of California and the California State University,
as applicable. Instructional support may include, for example,
tutoring; support classes that provide additional instruction on the
same content provided in individual classes that are certified by the
University of California as meeting the requirements for admission
to the University of California and the California State University;
extended school days or weeks, including, but not limited to,
Saturday classes; and block schedules.
(b) Each A school district
maintaining any of grades 7 to 12, inclusive, shall offer to all
otherwise qualified pupils in those grades a course of study that
provides an opportunity for those pupils to attain entry-level
employment skills in business or industry upon graduation from high
school. Districts School districts are
encouraged to provide all pupils with a rigorous academic curriculum
that integrates academic and career skills, incorporates applied
learning in all disciplines, and prepares all pupils for high school
graduation and career entry.
(c) Any A school district that
adopts a required curriculum that meets or exceeds the model
standards developed and adopted by the State Board of
Education pursuant to Section 51226 shall be deemed to have
fulfilled its responsibilities pursuant to subdivision (b).
(d) Any A school district
that adopts a required curriculum pursuant to subdivision (c) that
meets or exceeds the model standards developed by the State Board
of Education pursuant to Section 51226, or that
adopts alternative means for pupils to complete the prescribed course
of study pursuant to subdivision (b) of Section 51225.3, may
substitute pupil demonstration of competence in the prescribed
subjects through a practical demonstration of these skills in a
regional occupational center or program, work experience,
interdisciplinary study, independent study, credit earned at a
postsecondary institution, or other outside school experience, as
prescribed by subdivision (b) of Section 51225
51225.3 .
SEC. 6. Section 52052 of the Education
Code is amended to read:
52052. (a) (1) The Superintendent, with approval of the
state board 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, attendance rates for pupils in elementary schools,
middle schools, and secondary schools, and the
graduation rates for pupils in secondary schools , and, for high
schools, the percentage of graduating pupils who complete, with a
grade of C or better, coursework certified by the University of
California as meeting the requirements for admission to the
University of California and the California State University, and the
percentage of pupils who complete, with a passing grade or better,
career technical education courses that are consistent with the
curriculum framework adopted by the State Board .
(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 9 for the
first time, divided by the total calculated in paragraph (2).
(ii) The number of pupils entering 9th grade
9 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.
Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index.
(C) Before including high school graduation rates and attendance
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 aligned 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) 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 (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 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 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 must, at a minimum, 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 State Board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
(e) 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.
(f) (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 shall annually 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 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 .
(g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(h) The Superintendent, with the approval of the state
board 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.
SEC. 7. Section 52336 of the Education
Code is amended to read:
52336. (a) Any business, trade or professional association,
union, or state or local governmental agency operating within this
state may establish and operate, under the auspices of the local
school district, a career preparatory program within this state that
meets the requirements of this article.
(b) As part of a career preparatory program, an entity
establishing and operating the program shall develop and implement a
course of instruction for all pupils enrolled in the program that
satisfies the curricular requirements of Section
51225.3 for admission to the University of California
and California State University applicable to grades 11 and 12.
(c) Subject to the development of the course of instruction
delineated in subdivision (b) and to continuing certification by the
State Department of Education department
, an entity establishing and operating a career preparatory
program may propose and implement a program that is designed to
provide on-the-job training and instruction in specific career
technical skills to prepare students pupils
for future employment.
(d) An entity establishing and operating a career preparatory
program shall present pupils who have successfully completed all
aspects of the program with a certificate of completion that shall
supplement a high school diploma.
SEC. 8. Section 52336.1 of the
Education Code is repealed.
52336.1. Any pupil who has successfully completed his or her
education through grade 10, with the written consent of his or her
parent or guardian, may choose to follow either a traditional college
preparatory curriculum or a career preparatory program established
pursuant to Section 52336.
SEC. 9. Section 52378 of the Education
Code is amended to read:
52378. The Middle and High School Supplemental Counseling Program
is hereby established for the purpose of providing additional
counseling services to pupils in grades 7 to 12, inclusive. As a
condition of receiving funds, the governing board of each school
district maintaining any of grades 7 to 12, inclusive, shall do all
of the following:
(a) The program shall be adopted at a public meeting of the
governing board of a school district and shall include all
of the following:
(1) A provision for individualized review of the pupil's
academic and deportment records of the pupil .
(2) A provision for individualized review of the career goals of,
and the available academic and career technical education
opportunities and community and workplace experiences available to,
the pupil that may support the pursuit of the goals of the pupil.
(2)
(3) A provision for a counselor to meet with each pupil
and , if practicable, the parents or legal
guardian of the pupil , to explain the academic
and deportment records of the pupil, his or her educational options,
the coursework and academic progress needed for satisfactory
completion of middle or high school, passage of the high school exit
examination , and eligibility for admission to a
four-year institution of postsecondary education, including the
University of California and the California State University, as well
as the availability of career technical education. The
educational options explained at the meeting shall, if services are
available, include the college preparatory program and
vocational career technical education
programs, including regional occupational centers and programs and
any other alternatives available to pupils within the school
district.
(b) In addition to the counseling services described in
subdivision (a), school districts shall identify pupils who are at
risk of not graduating with the rest of their class or are at
risk of not being eligible for admission to the University of
California and the California State University , are not
earning credits at a rate that will enable them to pass the high
school exit examination, or do not have sufficient training to allow
them to fully engage in their chosen career, and shall do all of the
following:
(1) Require each school within its jurisdiction that enrolls
pupils in grades 10 and 12 to develop a list of coursework and
experience necessary to assist each pupil in their respective grade
that has not passed one or both parts of the high school exit
examination or has not satisfied, or is not on track to satisfy,
the curricular requirements for admission to the University of
California and the California State University, and to
successfully transition to postsecondary education or employment.
(2) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 who is deemed to be at the
far below basic level in English language arts or mathematics
pursuant to California Standards Tests administered to pupils in
grade 6 to successfully transition to high school and meet all
graduation requirements, including passing the high school exit
examination.
(3) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 to begin to satisfy the
requirements for admission to the University of California and
California State University systems.
(3)
(4) A copy of the list of coursework and
experience necessary lists developed pursuant to
paragraphs (2) and (3) shall be provided to the pupil and his
or her parent or legal guardian. The school district shall ensure
that the list of coursework and experience is part of the cumulative
records of the pupil.
(c) (1) In addition to the items identified in subdivision (b),
the list of coursework and experience for a pupil enrolled in grade
12 shall include options for continuing his or her education if he or
she fails to meet graduation requirements. These options shall
include, but not be limited to, all of the following:
(A) Enrolling in an adult education program.
(B) Enrolling in a community college.
(C) Continuing enrollment in the pupil's school
district of the pupil .
(2) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
(d) As a condition of receipt of funds pursuant to this article, a
school district shall require each school within its jurisdiction to
offer and schedule an individual conference with each pupil,
identified in paragraphs (1) and , (2)
, and (3) of subdivision (b), and his or her parent or
legal guardian, and a school counselor. The individual conference
shall be scheduled, to the extent feasible, according to the
following requirements:
(1) For a pupil enrolled in grade 7, the conference shall occur
before January of that school year in which the pupil is enrolled in
grade 7.
(2) For a pupil enrolled in grade 10, the conference shall occur
between the spring of that school year in which the pupil is enrolled
in grade 10 and the fall of the following school year in which the
pupil would be enrolled in grade 11. For the 2006-07 school
year, the conference shall occur on or before December 31, 2006.
For a school operating on a multitrack, year-round
calendar, the conference for a pupil enrolled in grade 10 shall occur
in the timeframe that is equivalent to that specified timeframe for
a school operating on a traditional calendar.
(3) For a pupil enrolled in grade 12, the conference shall occur
after November of that school year in which the pupil is enrolled in
grade 12, but before March of the same school year. For a school
operating on a multitrack, year-round calendar, the conference for a
pupil enrolled in grade 12 shall occur in the timeframe that is
equivalent to that specified timeframe for a school operating on a
traditional calendar.
(e) During the individual conference described in subdivision (d),
the school counselor shall apprise the pupil identified in
paragraphs (1) and , (2) , and (3)
of subdivision (b), and his or her parent or legal
guardian of the following:
(1) Consequences of not passing the high school exit examination.
(2) Programs, courses, and career technical education options
available for pupils needed for satisfactory completion of middle or
high school.
(3) Cumulative records and transcripts of the pupil.
(4) Performance on standardized and diagnostic assessments of the
pupil.
(5) Remediation strategies, high school courses, and alternative
education options available to the pupil.
(6) Information on postsecondary education and training.
(7) The pupil's score of the pupil
on the English language arts or mathematics portion of the California
Standards Test administered in grade 6, as applicable.
(8) Eligibility requirements, including coursework and test
requirements, and the progress of the pupil toward satisfaction of
those requirements for admission to four-year institutions of
postsecondary education, including, at least, the University of
California and the California State University.
(9) The availability of financial aid for postsecondary education.
SEC. 10. Section 52380 of the Education
Code is amended to read:
52380. As a condition of receipt of funds pursuant to this
chapter, a school district shall submit an annual report in a manner
determined by the Superintendent that describes the number of pupils
served, the number of school counselors involved in conferences, the
number and percentage of pupils who participated in conferences and
who successfully pass passed the high
school exit examination and satisfied the requirements for
admission to the University of California and the California State
University , and the number and percentage of pupils who
participated in conferences and who fail to pass one or both sections
of the exit examination, and a summary of the most prevalent results
for pupils based on the graduation plans developed pursuant to this
chapter.
SEC. 11. Chapter 18 (commencing with Section
53100) is added to Part 28 of Division 4 of Title 2 of the
Education Code , to read:
CHAPTER 18. FAIR COMPETITION FOR COLLEGE AND CAREER PILOT
PROGRAM
53100. (a) The Fair Competition for College and Career Pilot
Program is hereby established and shall be administered by the
Superintendent.
(b) (1) The purpose of the five-year pilot program is to assist
high schools that choose to, and are selected to, participate in
providing access to rigorous, comprehensive programs that combine
college preparatory academic and technical courses of study, as well
as college and career counseling and college- and work-based learning
opportunities to interested pupils throughout the state.
(2) Because individual high schools have developed different
levels of infrastructure for the existence and support of
comprehensive programs, up to 100 individual, comprehensive high
schools eligible for grants through the program will be funded only
after their submission to, and approval by, the Superintendent of a
five-year plan and budget for the school pursuant to Section 53103.
(c) For purposes of this chapter, it is the intent of the
Legislature that college preparatory and career technical education
courses mutually reinforce one another.
53101. For purposes of this chapter, the following terms have the
following meaning, unless the context requires otherwise:
(a) "Career technical education courses" means those sequences of
career technical education courses that are aligned to the career
technical education curriculum framework adopted by the State Board.
(b) "College preparatory courses" means those courses that satisfy
the curricular requirements for admission to the University of
California and the California State University.
(c) "Comprehensive high school" means a high school that is not an
opportunity school.
(d) "Program" means the Fair Competition for College and Career
Program established pursuant to this chapter.
53102. (a) The Superintendent shall identify comprehensive high
schools in deciles 1 to 5, inclusive, of the Academic Performance
Index (API), as defined in subdivision (b) of Section 17592.70, that
enroll 400 or more pupils and that meet at least two of the following
criteria:
(1) Fewer than 15 percent of the pupils in the class of 2006, as
measured by the number of pupils entering grade 9 in 2002, completed
the necessary curricular requirements for admission to the University
of California and the California State University with a C average
or better.
(2) Fewer than 67 percent of the total courses offered by the
school qualify as college preparatory courses.
(3) Fewer than 80 percent of the college preparatory and career
technical education courses of the school are taught by teachers who
hold a credential or subject matter certification in the subject
matter of the course or courses they teach.
(4) A majority of the pupils of the school qualify for free or
reduced-price meals.
(b) (1) By January 15, 2008, the Superintendent shall invite
schools identified pursuant to subdivision (a) to apply to
participate in the program.
(2) The invitation shall discuss the availability of the grant
funds, which are intended to increase the capacity of a school to
offer pupils the opportunity to access and succeed in college
preparatory and career technical education courses and to receive
support and information regarding how to qualify for admission to a
two- or four-year institution of postsecondary education.
(c) The Superintendent or staff members designated by him or her,
from January to April 2008, inclusive, shall publicize the program,
encourage invited schools to participate, and be available to confer
with school officials to answer questions regarding the program.
53103. (a) A school invited to apply to participate in the
program pursuant to subdivision (b) of Section 53102 may apply to
participate in the program by submitting a five-year program
participation plan and budget to the Superintendent no later than
April 3, 2008.
(b) The five-year plan of the school should reflect a set of
strategies and benchmarks specific to that high school.
(c) A school district may apply on behalf of eligible schools in
its jurisdiction to the Superintendent for the award of a grant
pursuant to this part. The application of a school district on behalf
of some or all of its eligible schools shall include a plan and
budget developed for each of those schools by the district. If grants
are awarded pursuant to the application of a school district, the
district shall receive the funds as a lump sum and shall be
responsible for the appropriate distribution of those funds to the
schools.
(d) (1) The Superintendent shall select no more than 100
comprehensive high schools for participation in, and funding pursuant
to, the program after the approval of the five-year plan and budget
for each of those schools.
(2) Priority for selection of the schools to participate in the
program shall be given to high schools based upon their differential
needs, as measured by the proportion of college preparatory and
career technical education courses offered out of the total courses
offered, the proportion of college preparatory and career technical
education courses that are taught by teachers with the credentials
and subject-matter certification for the courses they teach out of
the total courses offered, and the quality of the five-year plan of
the school submitted to the Superintendent.
53104. (a) From funds made available for purposes of this part,
the Superintendent shall allocate a total of one hundred dollars
($100) per pupil, to each school selected for participation in the
program pursuant to Section 53103 for implementation of the five-year
plan of the school. However, it is the intent of the Legislature
that no more than twenty-five million dollars ($25,000,000) be
appropriated for purposes of these grants during a fiscal year.
(b) (1) Funds awarded pursuant to this chapter shall be used by
the recipient school at its schoolsite to provide academic assistance
and services to pupils necessary to do any of the following:
(A) Prepare pupils for the rigor of college preparatory courses,
including additional instructional time.
(B) Increase the access of pupils to college preparatory and
career technical education courses and the success of pupils in those
courses.
(C) Inform pupils about the benefits of, and requirements for,
enrollment in college preparatory and career technical education
courses.
(D) Increase the enrollment of graduates of the school in two- and
four-year institutions of postsecondary education.
(2) The funds awarded pursuant to this chapter also may be used
for any of the following:
(A) Teacher and counselor recruitment.
(B) The integration of the curriculum, so that the content
includes a blend of college preparatory and career technical
education courses.
(C) Professional development and training geared toward enabling
school professionals to teach and advise pupils currently
underrepresented in the California public institutions of
postsecondary education.
(c) Funds awarded pursuant to this part shall not be used as a
required local contribution for any other state-funded outreach,
academic achievement, or college preparation program.
(d) (1) The office of the Secretary for Education shall seek
private partners to match state funding. The Fair Competition for
College and Career Fund is hereby established in the State Treasury
to receive these funds. The Superintendent shall be responsible for
the administration of the fund and the distribution of the funds to
program participants consistent with the purposes of this program.
(2) It is the intent of the Legislature that schools and school
districts also will seek private partners to assist in the
implementation of school and district efforts pursuant to
participation in the program.
53105. From May to August 2008, inclusive, a high school selected
for participation in the program shall do both of the following:
(a) Develop a detailed needs assessment and action plan for
implementation of the program in conjunction with the Superintendent
and members of the school community.
(b) Hold at least two public meetings to explain the program,
including its benefits and its requirements, to members of the school
community, and to solicit implementation suggestions.
53106. Funds received by schools pursuant to this chapter may be
used for any of the following activities:
(a) Providing at least two additional college preparatory course
offerings per academic year, including at least one each in
mathematics in the first two years of participation in the program,
until at least 67 percent of the total courses offered by the school
qualify as college preparatory courses. To the extent feasible, new
course offerings shall utilize courses that integrate college
preparatory content and career technical education and learning
strategies that include the application of coursework to career
settings in order to engage and motivate pupils with relevant
learning experiences.
(b) Providing funding to teachers to attend training seminars,
including, but not limited to, summer institutes and weekend
workshops on curricular integration; applied teaching and learning
strategies, such as project-based learning; the assessment of the
substantive knowledge of pupils other than through traditional
grading; and other pedagogical methods intended to help pupils access
and succeed in college preparatory coursework.
(c) Establishing a support system for college preparatory and
career technical education course teachers at individual high schools
to ensure the implementation of engaging, quality curriculum and
instructional methods. The support system may include use of a mentor
teacher, time away from teaching duties for a mentor or lead teacher
to observe and consult with other teachers, and ongoing staff
development for teams of teachers.
(d) Employing additional teachers and establishing incentives and
inducements to recruit and support highly trained teachers of schools
with low college preparatory and career technical education course
offerings.
(e) Establishing a policy requiring teachers to teach both college
preparatory and career technical education courses. This policy
shall be designed to broaden the pool of teachers, foster a culture
of rigorous curricular integration between college preparatory and
career technical education courses, and allow teachers to cultivate a
pipeline of potential pupils for future program activities.
(f) Establishing a policy of assigning teachers to teach courses
for which they hold the appropriate subject matter credential.
(g) Establishing training of counselors and administrators to
provide additional support and mentoring to pupils and to promote a
culture of college and career preparation by holding bimonthly
meetings to discuss with pupils and their parents academic planning
for access to, and success in, postsecondary education programs,
including advice on courses needed for admission to the California
public institutions of postsecondary education, standardized
admission tests, and financial aid. Additional training may focus on
advising parents of the importance of investing for postsecondary
education for their children.
(h) Establishing parent seminars to offer parents the opportunity
to learn about, and understand the benefits of, college access,
career opportunities, and options for paying for further education
and training for their children.
(i) Establishing instructional support and assistance programs for
pupils who are in or are entering high school to aid them in meeting
the challenges related to achieving future education and career
goals by doing any of the following:
(1) Creating pupil
support through advisory tutoring and after school and college
preparatory classes.
(2) Providing high school pupils who need additional academic
support for successful participation in college preparatory courses
with backup courses scheduled during the regular schoolday or after
school, such as courses that provide additional instruction on the
same content provided in other courses or block scheduling.
(3) Extending the schoolday, school year, or school week, to
weekends, to provide additional academic support.
(4) Providing pupils who will enter high school during the next
school year and pupils already in high school who are lacking the
academic preparation to succeed in college preparatory courses, with
summer bridge classes to prepare them for those courses. These summer
classes shall be designed to help pupils develop basic academic
competencies for the content they will be expected to learn during
the next academic year.
(5) Providing career exploration activities, career guidance,
mentoring, and other and work-based learning opportunities to help
pupils consider their postsecondary education and career goals.
(j) Partnering with feeder middle schools to ensure that they
provide prealgebra and algebra classes to all interested grade 8
pupils, first-year foreign language courses to all interested grade 7
pupils, and career exploration activities to all interested pupils
in grades 7 and 8.
(k) For hard-to-staff schools, establishing partnerships with
local community colleges or universities to enable high school pupils
to enroll concurrently in college courses that meet college
admission requirements.
(l) For hard-to-staff schools, establishing partnerships with
local community colleges to assign community college instructors to
those hard-to-staff high schools.
(m) Establishing mentoring programs sponsored by interested
university and industry partners to assist teachers and pupils.
(n) Providing or maintaining science laboratories and technical
facilities sufficiently equipped and in good working order for all
science-related courses.
(o) Funding the purchase of technology such as hardware, software,
and the connectivity to use distance learning and computer-based
curricula.
53107. (a) As a condition of receiving funds pursuant to this
part, a high school shall do all of the following:
(1) Design and submit, no later than September 1, 2008, a
comprehensive needs assessment, including rigorous annual benchmarks,
in each of the following categories:
(A) College preparatory and career technical education curricular
offerings, including, but not limited to, a detailed analysis of the
current school course matrix, including the availability of career
technical education courses, upper-level courses, and Advanced
Placement and International Baccalaureate courses.
(B) The percentage of pupils who have completed, with a grade of C
or higher, at least eight courses that meet requirements for
admission to the California institutions of postsecondary education
by the end of grade 10.
(C) The percentage of pupils who have completed, with a grade of C
or higher, the entire sequence of at least 15 courses that satisfy
the requirements for admission to the California institutions of
postsecondary education, following the pattern specified by the
University of California among seven subject areas, by the end of
grade 12.
(D) The percentage of pupils who have completed a sequence of at
least four career technical courses by the end of grade 12.
(E) The availability of teachers who hold a credential, or subject
matter certification, in the same subject matter taught by that
teacher in the career technical education or college preparatory
course areas.
(F) The quality and availability of a college and career
counseling program, including all of the following:
(i) The number of pupils who apply for financial aid for
postsecondary education.
(ii) The number of pupils who apply to a four-year institution of
postsecondary education.
(iii) The number of pupils who participated in the Eligibility in
the Local Context program of the University of California for
admission to the University of California.
(iv) The number of pupils who apply for apprenticeship programs.
(G) The availability of college admission test preparation
programs and the provision of information on college admission tests
and the availability of industry skill certificates.
(H) The percentage of pupils who took the tests generally required
for college admission.
(2) (A) Implement a plan that will result in its pupils having
access, no later than the beginning of the 2008-09 academic year, to
at least two additional college preparatory and one additional career
technical education course offerings, including at least one
additional course in upper-level mathematics.
(B) The plan shall provide for additional sections of courses to
be added annually until at least 67 percent of the total academic
course offerings of the school are college preparatory courses
pursuant to the five-year plan.
(3) (A) Design and implement a plan that will result in its pupils
having access, no later than the beginning of the 2008-09 academic
year, to at least 80 percent of all college preparatory and career
technical education courses being taught by teachers holding the
appropriate credentials and subject-matter certification by the end
of third year of implementation of the five-year plan.
(B) The plan shall provide for additional numbers of courses to be
taught by teachers holding the appropriate credentials and
subject-matter certification annually until all of the college
preparatory course offerings of the school are taught by fully
credentialed or subject-matter trained teachers at the end of the
implementation of the five-year plan.
(4) Develop the plans pursuant to paragraphs (2) and (3)
collaboratively among the high school, its feeder middle schools,
and, where appropriate, any partner institutions of postsecondary
education, industry associations, or community based organizations.
(5) Utilize at least two of the tutoring and instructional support
services described in subdivision (i) of Section 53106, or provided
under University of California outreach programs and other
state-approved college preparatory programs.
(b) A participating school shall assign each pupil, upon entry
into high school, with an unique pupil identifier to track his or her
coursework, grades, completion of college preparatory courses
satisfying the curricular requirements for admission to the
University of California and the California State University,
graduation, receipt of any state scholarships or grants, and
matriculation to a public university or community college.
(c) A participating school shall encourage pupils to utilize
distance learning options for pathway course offerings, where
appropriate.
(d) A participating school that achieves the annual improvement
targets contained in its five-year plan shall publish, in paper and
online, an annual report on its best practices to aid other grant
recipient schools and inform the general public. This report shall
include the goals, implementation plan, strategies, and results of
the participation in the program of the school.
53108. (a) The governing board of the school district of a school
that fails to meet its annual growth targets, as defined in the
five-year plan of the school, within 12 months following receipt of
funding pursuant to this chapter shall invite public comment at a
regularly scheduled board meeting to inform members of the school
community of the lack of progress in terms of any or the following
that apply:
(1) The percentage of course offerings that are career technical
education courses and college preparatory courses.
(2) The percentage of teachers with the appropriate credentials
and subject-matter certification assigned to those courses described
in paragraph (1).
(3) The percentage of entering grade 9 pupils who graduate having
completed the college preparatory and career technical course
sequences with a C average or better.
(4) Any reasons for the lack of progress.
(b) The governing board of the school district shall, upon
consultation with an external evaluator, and schoolsite and community
team, choose from a range of interventions for the school, including
reassignment of school personnel to the extent authorized by law, or
other changes deemed appropriate, in order to continue implementing
the action plan of the school and to make progress toward meeting the
improvement targets of the school established in its five-year plan.
53109. (a) The Superintendent shall contract for an independent
evaluation of the effectiveness of the program and report its
findings to the Governor and the Legislature on or before August 1,
2010.
(b) This report shall detail, by individual participating high
school, all of the following:
(1) The percentage of course offerings that are college
preparatory or career technical education courses.
(2) The percentage of teachers who hold the proper credentials and
subject-matter certifications for the college preparatory or career
technical education courses, or both, that they teach.
(3) The percentage of pupils entering in grade 9 who graduate four
years later having completed the college preparatory and career
technical course sequences with a C average or better.
(4) The number of pupils who satisfied the requirements for
admission to the University of California and the California State
University.
(5) The number of pupils entering in grade 9 who matriculated to a
two- or four-year university or college or apprenticeship program.
(6) Reasons for progress, or lack thereof, as stated by the
principal of each participating high school or a member of the
governing board of the school district of a participating high
school.
(c) The Legislature shall use this report to determine the
advisability of extending the program or increasing funding for this
program to include new schools and continue funding for existing
pilot schools.
53110. This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 12. Section 66204 of the Education
Code is amended to read:
66204. (a) The Superintendent of Public Instruction
shall assist all school districts to ensure that all public
high school pupils have access to a core curriculum that meets the
admission requirements of the University of California and the
California State University. The Superintendent of Public
Instruction shall advise school districts that maintain
high schools about the importance of making readily available to each
high school pupil the current list of courses offered by the school
attended by that pupil that are certified by the University of
California as meeting admissions admission
requirements. It is the intent of the Legislature that each
public high school shall provide the full precollegiate
college preparatory program, provide adequate
course sections in precollegiate college
preparatory programs to accommodate all its pupils, and
regularly counsel pupils to enter those programs and courses. There
shall be no policy or practice in any a
public elementary or secondary school of directing, especially for
cultural or linguistic reasons, any a
pupil in kindergarten or any of the grades 1 to
12, inclusive, away from choosing programs that prepare that pupil
academically for college.
(b) To the extent that funds are appropriated for purposes of this
paragraph, the Superintendent shall annually present a report to the
State Board describing the status of compliance with Section 51228
for all school districts that offer middle or high school instruction
in which any middle or high schools are ranked in deciles 1 to 3,
inclusive, of the 2003 base Academic Performance Index, as defined in
subdivision (b) of Section 17592.70.
(c) For a school district the Superintendent identifies as having
failed to ensure that all high school pupils have access to a core
curriculum that meets the requirements for admission to the
California public institutions of postsecondary education and career
preparation needs, as defined in Section 51228, the Superintendent
shall do all of the following:
(1) Prepare an annual report for the Legislature by July 1 each
year that specifically defines and documents the areas of
noncompliance.
(2) Assign the County Office Fiscal Crisis and Management
Assistance Team (FCMAT) established pursuant to Section 42127.8, or
the county superintendent of schools for the county in which the
school district is located, to review school district and school
course assignment and tracking practices and the provision of
guidance and college counseling services, and provide the district
with recommendations to streamline and improve the course assignment
and tracking practices and provision of guidance and counseling
services.
(3) Work with school district staff for the subsequent two school
years to ensure that the district follows the recommendations of
FCMAT or the county superintendent of schools, unless the district
shows, to the satisfaction of the Superintendent, good cause for
failure to do so. If the Superintendent approves a school district
not following the recommendations of FCMAT or the county
superintendent of schools, the Superintendent shall develop, in
collaboration with district staff, an alternative plan for achieving
compliance with Section 51228.
(b)
(d) The University of California is requested to assist
each school district that maintains a high school in order to ensure
all of the following:
(1) School districts understand the process by which courses are
submitted to the University of California to be reviewed and
certified as meeting the requirements for admission
requirement criteria .
(2) School districts have an internal process for developing
courses and submitting courses for review and certification by the
University of California in order to meet admission requirement
criteria.
(3) School districts maintain accurate lists of courses that are
currently offered by the high schools and are certified by the
University of California as meeting admission requirement criteria.
(4) Updated lists described in paragraph (3) are readily made
available by the school districts to each high school pupil and a
copy of that list is annually provided to each high school pupil.
(c)
(e) It is the intent of the Legislature that the public
and independent institutions of higher education participate in
programs that assist those in elementary and secondary education in
meeting their responsibilities in preparing students
pupils for college.
SEC. 13. 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.