BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   April 21, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
               AB 2273 (Torlakson) - As Introduced:  February 18, 2010
           
          SUBJECT  :   Education: performance accountability

           SUMMARY  :   Establishes the California Education Opportunity  
          (CEO) Index to measure both academic performance and  
          opportunities that elementary and secondary schools provided  
          students to prepare them for graduation and for becoming  
          responsible and contributing community members after graduation.  
           Specifically,  this bill  :

          1)Adds to Legislative findings and declarations regarding the  
            state of education in California, the need for a reliable and  
            transparent accountability and reporting mechanism, and the  
            need for an accountability system that encourages the  
            preparation of each pupil for life after graduation, as well  
            as for academic achievement.

          2)States Legislative intent that the accountability and  
            reporting system focus on a broad range of factors related to  
            student success, be used to provide transparency rather than  
            sanctions, and be used to measure characteristics beyond  
            student achievement, including attendance and graduation,  
            opportunities for college and career, opportunities in civic  
            participation and study beyond mathematics and language arts,  
            and fitness and health.

          3)States Legislative intent to encourage teacher preparation,  
            involvement of pupils, parents and community, and high quality  
            education that helps every pupil to graduate and be  
            successful; also states intent to utilize state data systems  
            in developing the CEO Index.

          4)Adds the CEO Index to the Public School Performance  
            Accountability Program that now includes the Academic  
            Performance Index (API), the Immediate Intervention/  
            Underperforming Schools Program, and the Governor's High  
            Achieving/Improving Schools Program.

          5)Requires the Superintendent of Public Instruction (SPI) to  
            develop the CEO Index consisting of, but not limited to,  








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            measures or data showing the following:

             a)   Academic performance, including the API.

             b)   Attendance and graduation.

             c)   Preparation of students for college and career.

             d)   Preparation of students for civic responsibility.

             e)   Enhancement of student learning beyond the core academic  
               curriculum and into the subject areas of leadership, the  
               arts, physical education, advanced academics, world  
               language acquisition, and career technical education.

             f)   Student fitness and health. 

          6)Requires the SPI to establish a representative and diverse  
            committee to advise the SPI and State Board of Education (SBE)  
            on the creation and reporting of the CEO Index, and requires  
            the committee to:

             a)   Consist of a majority of public classroom teachers.

             b)   Make recommendations to the SPI and SBE by July 1, 2012,  
               on the collecting, updating, and reporting of CEO Index  
               data.

           EXISTING LAW  :

          1)Requires the SPI, with the approval of the SBE, to develop and  
            implement the API to measure the performance of schools, and  
            to include a variety of indicators, including achievement test  
            results, attendance rates, and graduation rates in that  
            measure.

          2)Requires the SPI to establish an advisory committee to provide  
            advice on all appropriate matters relative to the creation of  
            the API.

          3)Directs the advisory committee by July 1, 2005, to make  
            recommendations to the SPI on the appropriateness and  
            feasibility of a methodology for generating a measurement of  
            academic performance by using unique pupil identifiers and  
            annual academic achievement growth to provide a more accurate  








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            measure of a school's growth over time.

          4)Requires that a measure of graduation in the fifth and sixth  
            year of high school be developed and included in the  
            calculation of the API, with partial credit included in a  
            school's or district's API for pupils graduating in 5 or 6  
            years and full credit for pupils with disabilities graduating  
            within 6 years.

          5)Authorizes schools in the alternative accountability system to  
            receive an API score, but prohibits the inclusion of those  
            schools in API rankings.

          6)Establishes the Standardized Testing and Reporting (STAR)  
            Program to test academic skills in grades 2-11, and to report  
            individual and aggregate results.

          7)Requires that each school district produce an annual School  
            Accountability Report Card (SARC) for each school in the  
            district, including various specific data elements describing  
            the school and its condition. 

          8)Requires the CDE to develop a standardized template for the  
            SARC, post it on the Internet, and develop and recommend  
            standardized definitions for the SARC elements in order to  
            clarify, regularize, and streamline schools' compliance.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   Current law requires the SPI to develop and  
          administer the school accountability system which assigns each  
          school a score on the API based on measures of performance that  
          are aggregated for all students in that school.  Only  
          achievement test results are currently incorporated into the  
          API; however, having an API that focuses solely on achievement  
          test results is overly narrow and does not reflect information  
          about student outcomes (e.g., dropout and graduation rates,  
          college readiness, preparation for the workplace) that is  
          important in measuring the performance of districts, schools and  
          subgroups.  As a perverse example, decreases in a school's  
          graduation rate due to increases in dropouts could easily lead  
          to an increase in test scores (based on the remaining students)  
          and to increases in the API for a given school or district;  
          clearly this API increase would not be reflective of an increase  
          in the performance of that school or district.  The Legislature  








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          foresaw this issue when it authorized the API in 1999 to be a  
          broad-based measure of school and district performance based on  
          a variety of indicators, including, but not limited to,  
          achievement test results, attendance rates, and graduation  
          rates.

          Opponents of including anything other than results on the  
          state's achievement test results in the API argue that including  
          data on other assessments, dropouts, graduation rates, and other  
          non-testing dimensions of educational performance will both  
          dilute the meaning of the API and skew its emphasis toward high  
          schools, resulting in the focusing of more resources at that  
          level to the detriment of elementary and middle schools.  The  
          dilution argument assumes that state achievement test results  
          incorporate and reflect all aspects of school performance, or at  
          least the only important aspect; the increasing incidence of  
          high achieving pupils dropping out of high school is a counter  
          example to the claim that test scores alone show how well a  
          school is serving its pupils.

          In addition, California's public school accountability system  
          has no mechanism for measuring success in terms of outcomes or  
          opportunities beyond core academic performance, including civic  
          and community responsibility, career or college readiness and  
          acquisition of life skills; the current accountability system  
          also has no way of identifying or rewarding those schools that  
          educate the whole pupil in any way other than tested skills and  
          knowledge in mathematics, language arts, history and science.

          The CEO Index proposed in this bill is intended to augment the  
          current API, and to include information on student opportunities  
          and student success so as to provide broader and more  
          comprehensive information on school performance than is  
          available from the API focus on achievement test scores only.   
          The CEO Index would aggregate information related to seven  
          different dimensions of student performance and opportunity,  
          including academic performance, attendance, graduation rates,  
          preparation for career or post-secondary education, civic and  
          community participation, enhanced student learning  
          opportunities, and student fitness and health.  Academic  
          performance, in the form of STAR test results in a limited  
          number of subject areas, are included in the API; attendance and  
          graduation rates are authorized to be included in the API by the  
          SPI, but have never been so included.  The remaining areas of  
          performance or opportunity are not authorized to be included in  








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          the API, although the state does produce physical fitness test  
          results at grades five, seven and nine.

          According to the author, "In the past 10 years California has  
          made slow but steady progress improving student's academic  
          performance.   Although academic progress is extremely  
          important, California has neglected the larger discussion: What  
          does a California High School diploma mean in a 21st Century  
          Economy & Society?  The CEO index is a step toward defining what  
          a high school diploma means."

          The author also states that "Parents, students and community  
          members want to know what opportunities exist in schools to  
          learn drama, art, physical education and a variety of other  
          subjects.  Currently, there is no easy way to highlight these  
          opportunities that exist in our schools.  This index gives the  
          public a tool to review the many opportunities in public  
          schools.  Business leaders have explained the skills they want  
          and need for a 21st century workforce.  Employers need students  
          to be creative and innovative, be problem solvers with critical  
          thinking skills and be able to communication in a collaborative  
          fashion.  Our global society requires students learn  
          problem-solving and critical-thinking skills.  Students can  
          develop these skills in a multitude of ways such as the arts,  
          music, language, 21st century learning skills, civic or  
          community participation.  Currently, parents and the public may  
          not know how or if schools are providing students with the  
          classes or opportunities to develop problem solving and critical  
          thinking skills."

          Unfortunately, these skills are not measured by the API.  The  
          stated intent of the author is to create a transparent and  
          accountable tool, that can be used by students' parents and  
          communities to understand how their schools are performing in  
          the broader task of educating our students.

          It should be noted that this bill only builds on the current  
          requirement to include graduation rates and attendance in the  
          API by incorporating these and other measures of the success of  
          schools into the CEO Index; this bill does not change the  
          current requirement that the SPI determine the extent to which  
          the data are currently reported to the state and the accuracy of  
          that data, before including high school graduation rates and  
          attendance rates in the API, nor does this bill change any  
          definitions or requirements related to the API.  The CEO Index  








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          would make use of some data elements that are currently reported  
          at the school level in each school's School Accountability  
          Report Card (SARC), which is required to be produced annually  
          for each school by each district in the state.

          This bill also requires the SPI to establish a representative  
          and diverse committee to advise the SPI and SBE on the creation  
          and reporting of the CEO Index, and requires that the committee  
          consist of a majority of public classroom teachers and make  
          recommendations on the collecting, updating and reporting of CEO  
          Index data to the SPI and SBE by July 1, 2012, 

          Committee amendments:  Committee staff recommends for both  
          policy and fiscal reasons that the bill be amended to require  
          the SPI to establish a representative and diverse committee to  
          advise the SPI and SBE on the creation and reporting of the CEO  
          Index by making use of the existing API Advisory Committee, but  
          augmenting that existing committee, for the purposes of this  
          bill only, in order to ensure that the majority of the resulting  
          CEO Index Advisory Committee consist of public classroom  
          teachers and that the resulting committee is also representative  
          and diverse as the author intends.

          Related legislation:  AB 2013 (Arambula), pending in the  
          Assembly Education Committee, includes independent study  
          programs in the alternative accountability system established by  
          the Superintendent of Public Instruction (SPI), requires all  
          alternative schools serving high-risk pupils to participate in  
          the alternative accountability system, regardless of the  
          percentage of high-risk pupils enrolled, and requires the  
          alternative accountability system to meet various specified  
          components.  AB 2307 (Carter), pending in the Assembly Education  
          Committee, requires the SPI and SBE to allow a dropout recovery  
          high school to use an individual pupil growth model, meeting  
          specified criteria, as part of the alternative accountability  
          model.

          Previous legislation: AB 1130 (Solorio), Chapter 273, Statutes  
          of 2009, states legislative intent regarding the examination of  
          methods for making and reporting comparisons of school and  
          district academic achievement over time based on a cohort growth  
          measure.  AB 429 (Brownley), vetoed in 2009, would have required  
          examination of methods for making and reporting valid  
          comparisons of individual academic performance over time and for  
          making potential improvements in the Academic Performance Index  








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          (API), so as to be able to measure and report both a student's  
          and a school's academic growth over time.  AB 1061 (Mullin),  
          Chapter 530, Statutes of 2007, makes changes to simplify the  
          annual School Accountability Report Card (SARC).  SB 219  
          (Steinberg), Chapter 731, Statutes of 2007, makes changes in the  
          calculation of and in the process for revising the API.  AB 400  
          (Nunez), vetoed in 2007, would have required the incorporation  
          of additional measures of performance into the API, including  
          the rate at which pupils are offered a course of study that  
          fulfills University of California and California State  
          University admission requirements.  AB 2167 (Arambula), Chapter  
          743, Statutes of 2006, establishes a specific methodology for  
          including graduation rates, as previously required, in the API;  
          also requires the SPI to report annually to the Legislature on  
          graduation and dropout rates in the state.  SB 1448 (Alpert),  
          Chapter 233, Statutes of 2004, reauthorized the STAR Program.   
          SB 257 (Alpert), Chapter 782, Statutes of 2003, requires the  
          advisory committee established to advise the SPI on the API to  
          make recommendations to the SPI on a methodology for generating  
          a "gain" score measurement to provide more accurate measure of a  
          school's growth over time.  AB 1295 (Thomson), Chapter 887,  
          Statutes of 2001, makes changes to the API to allow small school  
          districts to receive an API score, receive growth targets, and  
          performance awards.  SB 1 X1 (Alpert), Chapter 3, Statutes of  
          1999-2000 First Extraordinary Session, known as the Public  
          Schools Accountability Act (PSAA), authorizes the state's  
          current accountability program, including establishment of the  
          PSAA Advisory Committee and development of the API.  SB 376  
          (Alpert), Chapter 828, Statutes of 1997, authorized development  
          and implementation of the STAR Program.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Alliance for Arts Education
          California Federation of Teachers
          Californians Together
          Public Advocates

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








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