BILL NUMBER: SB 742 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2009
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 amended, Romero. School accountability: lowest
performing public 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.
This bill would establish an advisory committee to the
Superintendent for the purpose of making recommendations to the state
board on how to identify the 10 historically lowest performing
public schools in the state, as specified. The bill would require the
advisory committee to make these recommendations to the
Superintendent by July 1, 2010. The Superintendent would be required
to make recommendations to the state board by August 15, 2010, and
the Superintendent and the state board would be required to jointly
approve the criteria to be used in identifying the 10 historically
lowest performing public schools in the state, as specified.
The bill would require the state board and the Superintendent, on
or before November 1, 2010, and each year thereafter, to identify and
update as appropriate a list of the 10 lowest performing public
schools in the state. The bill would require the Superintendent,
within 30 days of making this determination, to provide each employee
and parent or guardian of a child enrolled or requesting to be
enrolled in a school identified for or removed from the list a notice
containing specified information.
The bill, contingent upon the availability of funding for these
purposes, would require the Superintendent and the state board to
direct each identified school to take at least one of 3 specified
actions, including restructuring the internal operations of the
school, operating the school under the oversight of a nonprofit
management organization, as specified, or reopening as a public
charter school, as specified. The bill would include additional
options for the Superintendent and state board to select from if the
identified school is a charter school.
Because this bill would require schools identified as the
historically lowest performing public 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 the 10 Historically Lowest Performing
California Public 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.
52065. (a) There is hereby created an advisory committee to the
Superintendent for the purpose of making recommendations to the state
board on how to identify the 10 historically lowest performing
public schools in the state.
(b) Members of the advisory committee shall serve without
compensation and at the pleasure of their appointing body as follows:
(1) One member appointed by the Governor to serve as a cochair.
(2) One member appointed by the Superintendent to serve as a
cochair.
(3) One member appointed by the President pro Tempore of the
Senate.
(4) One member appointed by the Speaker of the Assembly.
(5) One member appointed by the largest association representing
administrators in the state.
(6) One member appointed by the largest association representing
parents in the state.
(7) One member appointed by the largest association representing
certificated employees in the state.
(8) One member appointed by the second largest association
representing certificated employees in the state.
(9) One member appointed by the largest local association
representing certificated employees in the state.
(10) One member appointed by the largest association representing
classified employees in the state.
(11) One member appointed by the largest association representing
school boards in the state.
(12) One member appointed by the largest association representing
charter schools in the state.
(c) (1) By July 1, 2010, the advisory committee shall make
recommendations to the Superintendent regarding all of the following:
(A) The criteria the Superintendent and the state board should use
to jointly identify public schools subject to the list required in
Section 52066. In making recommendations regarding these criteria,
the committee shall consider the results of the California Standards
Test, the Academic Performance Index, adequate yearly progress
pursuant to the federal Elementary and Secondary Education Act (20
U.S.C. Sec. 6301 et seq.), dropout and graduation rates, and any
other objective measures it deems appropriate to recommend to the
Superintendent.
(B) The conditions that must exist for a school to be removed from
the list established pursuant to Section 52066.
(2) On or before August 15, 2010, the Superintendent shall make
recommendations on the criteria and conditions described in paragraph
(1) to the state board, and on or before October 1, 2010, the
Superintendent and the state board shall jointly approve these
criteria and conditions.
SEC. 2. Section 52066 is added to the
Education Code , to read:
52066. (a) On or before November 1, 2010, and each year
thereafter, the state board and the Superintendent, using the
criteria established pursuant to Section 52065, shall jointly
identify and update as appropriate a list of the 10 historically
lowest performing public schools in the state.
(b) Within 30 days of making the determination in subdivision (a),
the Superintendent shall notify each local educational agency
responsible for oversight of a public school that is identified and
require the governing board to provide each employee and parent or
guardian of a child enrolled or requesting to be enrolled in a school
that was identified for or removed from the list described in
subdivision (a) a notice from the Superintendent that shall include
at least all of the following:
(1) The specific reasons why the school was identified for or
removed from the list of the 10 historically lowest performing public
schools.
(2) The latest copy of the school's accountability report card,
schoolwide and subgroup results of the California Standards Test, the
Academic Performance Index, adequate yearly progress findings
pursuant to the federal Elementary and Secondary Education Act (20
U.S.C. Sec. 6301 et seq.), dropout and graduation rates, if
applicable, and any other measures the Superintendent deems
appropriate.
(3) Information regarding all state and federal intradistrict and
interdistrict public school transfer options and publicly funded
academic supplemental services available to pupils enrolled in the
school.
SEC. 3. Section 52067 is added to the
Education Code , to read:
52067. (a) Upon identifying a school pursuant to Section 52066,
the Superintendent and the state board shall direct the local
educational agency responsible for each identified school to evaluate
the reasons for the determination and initiate at least one of the
following locally developed renewal efforts approved by the local
educational agency in a public hearing and effective no later than
the subsequent school year following the notification in Section
52066:
(1) To the extent not otherwise prohibited under law, restructure
the internal operations of the school, which may include, but is not
necessarily limited to, school leadership, certificated and
classified staff, and curriculum, based on a plan jointly approved by
the Superintendent and the state board.
(2) To the extent not otherwise prohibited under law, operate the
school under the oversight of a nonprofit management organization
with which the Superintendent and the state board have jointly
entered into a contract.
(3) Reopen as a public charter school jointly approved by the
local educational agency, the Superintendent, and the state board.
(b) If a school identified pursuant to subdivision (a) of Section
52066 is a charter school, the Superintendent and the state board
shall jointly direct the local educational agency responsible for
oversight of 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 jointly by
the Superintendent and 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.
(c) If the Director of Finance determines that sufficient federal
funds are not available to implement the renewal efforts pursuant to
this section for the budget year, the Director of Finance shall
notify the Superintendent and the state board, and within 45 days,
all of the following shall occur:
(1) The Superintendent and the state board shall determine whether
any federal funding is available, and if so, shall determine how
that funding could be best allocated to facilitate renewal efforts
for the lowest performing schools on the list.
(2) After making the determinations described in paragraph (1),
the Superintendent and the state board shall develop a budget request
for state funding to implement the remaining schools' renewal
efforts in priority order and submit the request to the Department of
Finance and the Legislature and notify these schools that the
Legislature is considering the request, but that the renewal plans
required by this section are recommended but not mandatory until the
Legislature acts on the budget request pursuant to paragraph (3) of
this subdivision.
(3) If the Legislature makes additional funding available to
supplement any available federal funds for the implementation of
renewal efforts after considering and approving a budget request
submitted pursuant to paragraph (2), and designates specifically
which renewal efforts and for which of the remaining 10 schools
identified pursuant to subdivision (a) of Section 52066, the state
aid is available, the requirements of this section shall be
implemented for those schools in the budget year.
SEC. 4. 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.