BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2307
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          Date of Hearing:   April 21, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                    AB 2307 (Carter) - As Amended:  April 5, 2010
           
          SUBJECT  :   Education: academic performance 

           SUMMARY  :   Requires the Superintendent of Public Instruction  
          (SPI) and the State Board of Education (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.  Specifically,  this bill  :

          1)Makes Legislative findings and declarations concerning the  
            benefits of dropout recovery high schools and of reducing  
            school dropouts, the challenges that dropout recovery high  
            schools face, the characteristics of successful dropout  
            recovery schools, and the difficulty in assessing dropouts  
            using standardized testing.

          2)Requires the SPI and SBE, as part of the existing alternative  
            accountability system, to allow a dropout recovery high school  
            to use an individual pupil growth model that meets specified  
            criteria.

          3)Requires the SPI to certify that the individual pupil growth  
            model: 

             a)   Is based on valid and reliable nationally normed reading  
               and mathematics performance tests.

             b)   Measures instruction of skills and knowledge aligned  
               with state standards.

             c)   Measures a pupil's score against expected growth over  
               time.

             d)   Demonstrates the extent to which a school accelerates  
               annual learning.

          4)Defines a "dropout recovery high school" to be a school where  
            at least 50% of the enrollees are dropouts pursuant to  
            California Department of Education (CDE) designations, and  
            where the school provides instruction under the federal  








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            Workforce Investment Act, federal Youthbuild programs, federal  
            job corps, or the California Conservation Corps.

           EXISTING LAW  :

          1)Requires the SPI, with the approval of the SBE, to develop and  
            implement the Academic Performance Index (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  
            measure of a school's growth over time.

          4)Requires the SPI, with the approval of the state board, to  
            develop an alternative accountability system that may be used  
            for schools under the jurisdiction of a county board of  
            education or a county superintendent of schools, community day  
            schools, nonpublic, nonsectarian schools, and alternative  
            schools serving high-risk pupils, including continuation high  
            schools and opportunity schools. 

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

          6)Defines dropout recovery high schools, for the purposes of  
            prohibiting the inclusion of graduation rates in the API and  
            for calculating "full year" dropout rates, to mean a high  
            school in which 50% or more of its pupils have been designated  
            as dropouts pursuant to the exit/withdrawal codes developed by  
            the CDE.

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









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           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 that is 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 of this shortcoming, 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 an increase 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 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.


          Since the reliability of an API score based on small numbers of  
          pupil test scores is questionable, current law instructs the SPI  
          to compute an API score for schools with less than 100 pupil  
          scores, but not include the school's API in state rankings.   
          Similarly, the API scores of community schools, continuation  
          high schools and non-public schools that serve special education  








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          pupils are not considered reliable due to both small numbers of  
          scores and the fact that most pupils are placed in the schools  
          for less than a year.  Accordingly, the SPI is directed in  
          current law to develop an alternative accountability system for  
          these schools under which schools may receive an API score, but  
          are not included in API rankings.  The Alternative Schools  
          Accountability Model (ASAM) is the alternative system developed  
          by the SPI for this purpose.

          According to the author, this bill "authorizes the use of an  
          individual student growth model as an alternative accountability  
          measure for dropout recovery programs in order to better align  
          ASAM with the needs of the students served.  Dropout recovery  
          high schools exclusively serve students who are far below grade  
          level standards, re-enter school for much less than a four year  
          period, and enter and exit high school on an irregular schedule.  
           For these reasons, an open entry - open exit education does not  
          align with once a year testing.  As a result, an individual  
          student growth measure is a significantly more meaningful  
          accountability mechanism for dropout recovery high schools."   
          The author also states that fewer "than 8,000 recovered dropout  
          students enrolled in Federal or State job training programs are  
          estimated to be [enrolled in dropout recovery high schools]  
          eligible for this alternative." 

          The dropout recovery high schools targeted in this bill are  
          small in number and have a student population (effectively  
          dropouts who are re-enrolling in an alternative school and jobs  
          program) that is relatively unique, even among alternative  
          school populations.  For example, rapid turnover of pupil  
          populations and short stays by students are common across many  
          alternative programs, but dropout recovery high schools  
          typically have students who will enroll or disenroll during the  
          school year; the instructional program is also individually  
          tailored to help speed-up the pupil's progress toward completion  
          of the program in the short time that they may be enrolled.   
          Between small populations, enrollment cycling and tailored  
          instruction any measure that either provides a point-in-time  
          snapshot of student performance or that is aggregated across a  
          cohort may have absolutely no meaning with respect to the  
          school's student population at the time that the results of that  
          measure are reported, since those results will not apply to any  
          of the pupils in the school at that time.  In those cases  
          measuring the growth of individual pupils without aggregating  
          those results and building an accountability model that is  








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          individually based and tailored to that school, rather than  
          based on the aggregate performance of a cohort of pupils, may be  
          needed to appropriately judge the progress that a dropout  
          recovery high school is making.  

          Since the state does not have such a tailored individual growth  
          model for each school and building such models at the state  
          level would not be cost effective, a reasonable solution is to  
          authorize this small group of schools with developing their own  
          individual pupil-based accountability model.  According to the  
          bill's sponsor, this bill will strengthen ASAM by allowing that  
          alternative model to address the accountability needs of the  
          small community of dropout recovery high schools.  The bill  
          specifies certain conditions that the model must meet, but then  
          requires the SPI to certify that the individual pupil growth  
          model to be used by the dropout recovery high school meets those  
          conditions.  The Committee may wish to consider whether  
          authorizing a dropout recovery high school, as noted in the  
          staff-recommended amendments, to use such an accountability  
          model if it is certified by the SPI to meet the specified  
          conditions is a more appropriate approach.

          It should be noted that the Department of Finance, in its April  
          Budget Letters to the Legislature, has proposed the elimination  
          of all federal funding supporting ASAM "in favor of folding  
          alternative schools into existing federal accountability  
          reporting"  It does not appear that this proposal would result  
          in appropriate accountability measures being applied to  
          alternative schools in California, and thus can be seen as  
          contrary to the Legislature's earlier action to require the SPI  
          to develop and implement an alternative accountability system  
          for those schools.

          It should also be noted that the CDE has begun a process for  
          revising the current ASAM so as to make it more rigorous,  
          academically-based and comparable across sites.  The SBE approved  
          a conceptual framework for redesigning the ASAM that recommends  
          the use of the following three types of indicators:

          1)Learning readiness indicators to provide a measure of student  
            engagement and preparedness to benefit from school-based  
            instruction.

          2)Academic achievement indicators to provide a measure of  
            student achievement and academic progress using statewide  








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            assessments.

          3)Transition indicators to provide a measure of whether a  
            student graduated or remained in school. 

          According to CDE the revised ASAM will start operating in the  
          2010-11 school year.  The revised ASAM will include the use of  
          statewide assessments for purposes of measuring academic  
          achievement, as well as learning readiness indicators and  
          transition indicators; it is unclear whether these revisions  
          will reduce the need for the flexibility offered by this bill,  
          or whether it will increase the need for the authority to  
          explore more individualized accountability models for this small  
          number of pupils.

          Committee amendments:  Committee staff recommends the following  
          amendments:

          1)Rather than requiring the SPI to certify that the individual  
            pupil growth model meets the specified conditions, allow a  
            dropout recovery high school to use such a model  if  the SPI  
            certifies that the model meets the required conditions.  The  
            SPI would then be required to review proposed models prior to  
            certifying if the model meets those conditions.

          2)Allow the model to measure learning using valid and reliable  
            nationally normed  or criterion referenced  reading and  
            mathematics tests.

          3)Clarify that the model is to measure skills and knowledge  
            aligned with state standards, rather than instruction of  
            skills and knowledge.

          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.

          Previous legislation: AB 1130 (Solorio), Chapter 273, Statutes  
          of 2009, states legislative intent regarding the examination of  








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          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  
          (API), so as to be able to measure and report both a student's  
          and a school's academic growth over time.  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 
           
          School for Integrated Academics & Technologies-SIATech (Sponsor)

           Opposition 
           
          None on file
           








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          Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087