BILL NUMBER: SB 742 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Romero
FEBRUARY 27, 2009
An act to add Article 5 (commencing with Section 52065) to Chapter
6.1 of Part 28 of Division 4 of Title 2 of the Education Code,
relating to school accountability.
LEGISLATIVE COUNSEL'S DIGEST
SB 742, as introduced, Romero. School accountability: lowest
performing schools.
(1) The Public Schools Accountability Act of 1999 requires the
Superintendent of Public Instruction, with approval of the State
Board of Education, to develop the Academic Performance Index (API),
consisting of a variety of indicators, to be used to measure the
performance of schools. Existing law requires the Superintendent to
develop, and the state board to adopt, expected annual percentage
growth targets for all schools based on their API baseline score and
prescribes a minimum percentage growth target of 5% annually.
The act also establishes the Immediate
Intervention/Underperforming Schools Program (IIUSP). Schools that
score below the 50th percentile on certain achievement tests are
invited to participate in the program and are provided program
funding. Twenty-four months after receiving IIUSP funding, a school
that fails to meet its growth targets each year, but demonstrates
significant growth, as determined by the state board, continues to
participate in the program for an additional year and to receive
funding. If a school fails to meet its growth targets each year and
does not demonstrate significant growth, it is deemed a
state-monitored school and the Superintendent is required to take
specified actions with regard to the school.
This bill would require the state board, beginning in the 2010-11
school year, and each school year thereafter, to identify the 10
historically lowest performing schools in the state, based on the
results of specified measures, including the API, and other criteria.
The state board would be required to direct the identified schools
to take at least one of 3 specified actions, including restructuring
the internal operations of the school, reopening as a public charter
school, or, to the extent that it is not otherwise prohibited under
law, operating under the oversight of a nonprofit management company
with which the state board has entered into a contract. The bill
would include additional options for the state board to select from
if the identified school is a charter school, including, but not
limited to, directing the school to reopen under the management of a
statewide benefit charter management organization based on a plan
approved by the state board.
Because this bill would require schools identified as the
historically lowest performing schools in the state to take specified
actions, it would impose a state-mandated local program.
(2) 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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5 (commencing with Section 52065) is added to
Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education
Code, to read:
Article 5. Accountability Measures for Lowest Performing
Schools
52065. (a) Beginning in the 2010-11 school year, and each school
year thereafter, the state board shall identify the 10 historically
lowest performing schools in the state. The state board shall base
its determination on the results of the California Standards Test,
Academic Performance Index, adequate yearly progress pursuant to the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.), dropout and graduation rates, and any other measures the state
board deems appropriate. The state board, in the 2010-11 school
year, and each school year thereafter, shall direct the local
educational agency responsible for each identified school to do at
least one of the following:
(1) Restructure the internal operations of the school, including,
but not necessarily limited to, school leadership, certificated and
classified staff, and curriculum, based on a plan approved by the
state board.
(2) To the extent that it is not otherwise prohibited under law,
operate the school under the oversight of a nonprofit management
company with which the state board has entered into a contract.
(3) Reopen as a public charter school.
(b) If a school identified pursuant to subdivision (a) is a
charter school, the state board, in the 2010-11 school year, and each
school year thereafter, shall direct the local educational agency
responsible for the identified charter school to do at least one of
the following:
(1) Perform the actions specified in either paragraph (1) or (2)
of subdivision (a).
(2) Reopen the school under the management of a statewide benefit
charter management organization based on a plan approved by the state
board.
(3) Facilitate a review of the school by the Superintendent
pursuant to Section 47604.5 and facilitate the implementation of the
appropriate action, if any, directed by the state board pursuant to
any findings made pursuant to Section 47604.5.
SEC. 2. 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.