BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 518
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          Date of Hearing:   April 15, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                 AB 518 (Mendoza) - As Introduced:  February 24, 2009
           
          SUBJECT  :   Public School Performance Accountability Program.

           SUMMARY  :   Requires a school assistance and intervention team  
          (SAIT) and a district assistance and intervention team (DAIT) to  
          possess a high degree of knowledge, skills, and expertise in  
          meeting the curriculum and instructional needs of prescribed  
          pupil groups; requires SAITs and school districts conducting a  
          self assessment, to use procedures and tools developed  
          specifically for the improvement of language and content  
          instruction for those pupil subgroups; requires SAITs and school  
          districts conducting a self assessment, in developing  
          recommendations, to ensure that pupils have access to all core  
          subjects and include parental involvement; and, requires SAITs  
          and DAITs to provide recommendations to improve the programs and  
          move the school or district out of program improvement.   
          Specifically,  this bill  :  

          1)Requires that a school assistance and intervention team  
            contracting with a school, and a district assistance and  
            intervention team contracting with a local education agency,  
            in which one or more numerically significant pupil subgroups  
            did not meet adequate yearly progress or API growth targets to  
            include members who possess a high degree of knowledge,  
            skills, and expertise in meeting the curriculum and  
            instructional needs of the pupil subgroups including, but not  
            limited to, knowledge, skills, and expertise specific to  
            first- and second-language English acquisition, English  
            development, and instructional strategies specific to the  
            pupil subgroup.

          2)Defines a "high degree of knowledge, skills, and expertise" to  
            mean a certification or advanced degree relating to the pupil  
            subgroup and either of the following:
             a)   At least five years of experience working directly with  
               pupil subgroups.
             b)   Experience as a provider of professional development,  
               demonstrated through having written or published articles  
               on instruction and programs for pupil subgroups.









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          3)Requires a school assistance and intervention team providing  
            support and expertise to schools in which one or more of the  
            numerically significant pupil subgroups have failed to meet  
            the adequate yearly progress and API growth targets to use  
            procedures and tools developed specifically for the  
            improvement of language and content instruction for those  
            pupil subgroups; and, specifies priority shall be given to  
            using existing tools that are appropriate for these pupil  
            subgroups.

          4)Requires a school assistance and intervention team, in  
            developing recommendations for corrective actions, to ensure  
            that pupils have access to all core subjects including, but  
            not limited to, reading, language arts, and mathematics;  
            specifies a school assistance and intervention team also shall  
            ensure parental involvement pursuant to the federal No Child  
            Left Behind Act of 2001; and, specifies if alternative  
            programs are the reason for program involvement status, the  
            school assistance and intervention team and district  
            assistance and intervention team shall provide recommendations  
            to improve these programs and move the school or district out  
            of program improvement.

          5)Specifies if the local educational agency's status as a  
            program improvement school resulted from the failure of one or  
            more pupil subgroups to meet adequate yearly progress and API  
            growth targets, the department shall provide self-assessment  
            materials and criteria specifically for language and content  
            instruction; specifies procedures and tools specifically for  
            the improvement of language and content instruction for those  
            pupil subgroups shall be developed, used, and provided by the  
            department; and, requires priority to be given to using  
            existing tools that are appropriate for these pupil subgroups.

          6)Requires that the recommendations resulting from the  
            self-assessment ensure that pupils have access to all core  
            subjects, including, but not limited to, reading, language  
            arts, and mathematics; requires that the recommendations also  
            ensure parental involvement pursuant to the Federal No Child  
            Left Behind Act of 2001; and specifies if alternative programs  
            are the reason for program improvement status, the school and  
            district assistance and intervention team shall provide  
            recommendations to improve these programs and move the school  
            or district out of program improvement.









                                                                  AB 518
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          7)Requires, not later than January 31, 2011, the Superintendent  
            to include all of the following within the standards and  
            criteria to be applied by a district assistance and  
            intervention team in carrying out its duties:
             a)   Governance.
             b)   Alignment of curriculum, instruction, and assessments to  
               state standards.
             c)   Human resources.
             d)   Data systems and achievement monitoring.
             e)   Professional development.
             f)   Parental involvement pursuant to the Federal No Child  
               Left Behind Act of 2001.
             g)   Community involvement.
             h)   Access to core subjects, including, but not limited to,  
               reading, language arts, and mathematics. If alternative  
               programs are the reason for program improvement status, the  
               school assistance and intervention teams and district  
               assistance and intervention teams shall provide  
               recommendations to improve these programs and move the  
               school or school district out of program improvement.

           EXISTING LAW  :  
           
          1)Provides that SAIT members should possess a high degree of  
            knowledge and skills in the areas of school leadership,  
            curriculum, and instruction aligned to state academic content  
            and performance standards, classroom management and  
            discipline, academic assessment, parent-school relations, and  
            evaluation and research based reform strategies and have  
            proven successful expertise specific to the challenges  
            inherent in state-monitored schools.

          2)Requires the Superintendent to, once every two years,  
            establish a list of approved school assistance and  
            intervention teams with which a school district may contract.   
            The list shall be based on criteria recommended by the  
            Superintendent and adopted by the state board.  After the  
            two-year approval period expires, a team may reapply for  
            approval by demonstrating the effectiveness of the work of the  
            team in state-monitored schools.

          3)Establishes the Immediate Intervention/Underperforming Schools  
            Program and the High Priority Schools Grant Program, in which  
            schools that failed to meet their Academic Performance Index  
            (API) growth targets in the previous school year relative to  








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            all other public elementary, middle, or high schools, are  
            invited by the Superintendent of Public Instruction to  
            participate.  If a participating school has not met its growth  
            targets each year and has failed to show significant growth as  
            determined by the state board, it is deemed a state-monitored  
            school.  The Superintendent, in consultation with the state  
            board, is authorized to take specified action with respect to  
            the operation of a state-monitored school including but not  
            limited to, requiring the school district enter into a  
            contract with a school assistance and intervention team.

          4)Specifies that a local educational agency that has been  
            identified for corrective action under the Federal No Child  
            Left Behind Act of 2001 is subject to one or more sanctions as  
            recommended by the Superintendent and approved by the state  
            board, including, but not limited to, the requirement that a  
            local educational agency contract with a district assistance  
            and intervention team to aid a local educational agency.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill requires school assistance and  
          intervention teams (SAIT) and district assistance intervention  
          teams (DAIT) to include members who possess a high degree of  
          knowledge, skills, and expertise in meeting the curriculum and  
          instructional needs of specified pupil subgroups, including  
          English language learners.  The bill would also require a SAIT  
          to use procedures and tools developed specifically for  
          improvement in language and content instruction for schools in  
          which pupil subgroups have failed to meet Adequate Yearly  
          Progress (AYP) or its Academic Performance Index (API) target.   
          The bill would further require SAIT corrective action plans to  
          ensure that pupils have access to all core subjects and prohibit  
          a SAIT or DAIT from eliminating primary language programs.

          This bill would define having a "high degree of knowledge" as  
          possessing certification or an advanced degree relating to  
          subgroup populations and either five years of experience working  
          directly with pupil subgroups or experience as a provider of  
          professional development, demonstrated through having written or  
          published articles on instruction and specified pupil subgroups.  
           

           Increasing SAIT & DAIT Qualifications  .  The bill significantly  
          increases the qualifications of SAIT and DAIT team members.  Are  








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          their enough qualified people statewide to serve the ever  
          growing number of schools and districts requiring a SAIT or  
          DAIT?  Opponents could argue that there is some concern that it  
          may be difficult to find enough teams that meet all of the  
          bill's specifications as the number of program in need of  
          support continue to grow.

           Background on SAIT  .  Current law provides as an option the  
          assignment of a SAIT to aid a school deemed in need of program  
          improvement due to a repeated failure to meet academic  
          performance targets under state and federal accountability  
          programs.  School districts may also be determined to be in need  
          of program improvement for failure to meet academic  
          accountability targets, and these districts may be assigned a  
          DAIT.  Failure for a school or district may be related to the  
          consistent poor performance of one or more pupil subgroups  
          defined in law to include socioeconomically disadvantaged  
          pupils, English language learners, pupils with disabilities, and  
          ethnic subgroups. 

          According to CDE, schools participating in the Immediate  
          Intervention/Underperforming Schools Program (II/USP) or High  
          Priority Schools Grant Program (HPSGP) must meet their program's  
          definition of significant growth, based on the results of the  
          Schoolwide Academic Performance Index (API), or the school is  
          deemed state-monitored.  Each school participating in either the  
          II/USP or HPSGP must meet its program's definition of  
          significant growth each year until the school exits the program.  
           Education Code sections 52055.5, 52055.51, and 52055.650  
          require the State Superintendent of Public Instruction, with the  
          approval of the State Board of Education, to impose various  
          sanctions on state-monitored schools.  Districts with schools  
          identified and deemed as state-monitored receive funding to  
          assist in the improvement of student achievement.  One option is  
          to require the district to enter into a contract with a School  
          Assistance and Intervention Team (SAIT).  Funding is provided to  
          contract with a School Assistance and Intervention Team (SAIT)  
          who will identify critical areas to improve student achievement.  
           The purpose of a SAIT is to investigate and provide intensive  
          support and monitoring to assist state-monitored schools in  
          improving student learning. 

          Existing law states that SAIT teams should possess a high degree  
          of knowledge and skills in the areas of school leadership,  
          curriculum, and instruction aligned to state academic content  








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          and performance standards, classroom management and discipline,  
          academic assessment, parent-school relations, and evaluation and  
          research based reform strategies and have proven successful  
          expertise specific to the challenges inherent in state-monitored  
          schools.  This bill would add additional skill and knowledge  
          requirements for both SAIT and DAIT teams. 

           Background on DAIT  .  Currently, 97 districts have been deemed in  
          need of program improvement and nearly all are expected to be  
          assigned a DAIT team.  These figures are expected to grow over  
          time as more local education agencies fail to keep up with the  
          rising standards of the No Child Left Behind Act.  

          According to CDE, California Education Code Section 52055.57  
          allows the State Superintendent of Public Instruction, with the  
          approval of the State Board of Education, to require a local  
          educational agency in Program Improvement Year 3 to contract  
          with a District Assistance and Intervention Team (DAIT).  A DAIT  
          is a team of county office of education (COE) or other  
          organizational leaders who provide targeted technical assistance  
          and support to Program Improvement (PI) districts in Corrective  
          Action (Year 3 of PI).  The team works with the district to  
          examine current practices at both the district and school  
          levels; evaluate the effectiveness of those practices; identify  
          and prioritize the district's major areas of need; develop and  
          implement actions that target those needs; and, ultimately, help  
          the district exit PI status. 

          According to the author, CDE data from 2006-07 reveal that  
          English Learners and students with disabilities are the two  
          significant subgroups of the 97 districts that did not meet  
          their NCLB target.  Additionally, school and district assistance  
          teams have often recommended inappropriate interventions for  
          these students including the elimination of successful  
          instructional programs designed for English learners.  Therefore  
          there is a need to specifically require that members of district  
          or school assistance and intervention teams have a high degree  
          of knowledge, skills and expertise, as specified, in meeting the  
          curriculum and instructional needs of English learners and  
          students with disabilities.

          According to a survey conducted in 2007 by the sponsor of this  
          bill, Californians Together, among schools and districts in  
          program improvement (PI) status, "81.8% reported that inadequate  
          progress of English Learners was a determining factor in their  








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          schools/districts being placed into PI status.  Of those whose  
          Program Improvement plans include contracts with supplemental  
          educational service providers (SES), only 12.6% reported they  
          were provided with curriculum specific to the needs of English  
          Learners.  13.2% responded affirmatively to their SES providers  
          having expertise and knowledge about meeting the needs of  
          English Learners.  Less than half reported that  
          district-mandated interventions include a designated and  
          specific English language development focus (42.5%).

           Committee Amendments  :  The sponsor of the bill has indicated  
          that the inclusion of all the DAIT team standards was not the  
          way the bill was intended to be drafted.  Staff recommends the  
          section in the bill related to DAIT team standards be deleted  
          and that the language related to DAIT teams being required, in  
          developing recommendations for corrective actions, to ensure  
          that pupils have access to all core subjects, include parental  
          and community involvement, and to provide recommendations to  
          improve these programs and move the school or district out of  
          program improvement, and that they use tools specifically  
          developed for the improvement of language and content  
          instruction, be included in another subdivision.  Staff  
          recommends the bill also be amended to specify that the new  
          requirements for SAIT and DAIT teams become operative for teams  
          created after January 1, 2010.

           Previous legislation  .  The introduced version of AB 518  
          (Mendoza) is substantially similar to AB 2531 (Mendoza) from  
          2008.  According to the Senate Appropriations Committee, AB 2531  
          had "Costs in the hundreds of thousands to reassess and reassign  
          teams."  The bill was held on the Senate Appropriations Suspense  
          file.

          AB 1071 (Chu), Chapter 192, Statutes of 2005, increased the  
          appropriation for Immediate Intervention/Underperforming Schools  
          Program (II/USP) by $4,048,050 for State monitored schools to  
          receive local assistance from SAIT teams.  

          AB 1758 (Umberg), Chapter 19, Statutes of 2005, established exit  
          criteria for the High Priority School Grant (HP) Program and set  
          funding rates for school assistance and intervention teams.

          AB 953 (Coto), Chapter 513, Statutes of 2005, made changes to  
          the State program to support local educational agencies and  
          schools in Program Improvement under the Federal No Child Left  








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          Behind Act of 2001.

          AB 1987 (Steinberg), Chapter 757, Statutes of 2004, specified  
          that schools participating in the HP program that received a  
          planning grant from the Immediate Intervention for  
          Underperforming Schools Program the fiscal year (FY) 2001-02  
          fiscal year are eligible to receive funding from the HP program  
          in FYs 2002-03, 2003-04, and 2004-05.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           California Communities United Institute
          Californians Together 
          Public Advocates

           Opposition 
           None on file.
           
          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087