BILL NUMBER: SB 742 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 6, 2009
AMENDED IN SENATE APRIL 27, 2009
INTRODUCED BY Senator Romero
FEBRUARY 27, 2009
An act to add and repeal Article 5 (commencing with Section 52065)
of 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 low-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.
Federal law, the federal Elementary and Secondary Education Act,
requires that a school district provide certain notifications to
parents and employees. Federal law also requires at least one
alternative governance arrangement or major restructuring effort for
any school that fails to make adequate yearly progress after one full
school year of corrective action.
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 low-performing public
schools in the state, subject to the requirements of federal
law, 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
low-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 10 of the historically
low-performing public schools in the state. The bill would
require the Superintendent, within 30 days of making this
determination, to provide ensure 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 is provided with federally required
notices containing specified information.
The bill, contingent upon the availability of federal
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 alternative governance or restructuring
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 required by federal law
. The bill would include additional options for
provide for the Superintendent to recommend
revocation and for the state board to
select from if the identified school is a charter school
hold a hearing on revocation within 90 days if the school is a
charter school . The bill would require the State Department of
Education to contract for an independent evaluation of the
accountability measures established by this bill's provisions, and to
submit this evaluation to the chairpersons of the Joint Legislative
Budget Committee, the Assembly Committee on Budget, the Senate
Committee on Budget and Fiscal Review, the Assembly Committee on
Education, the Senate Committee on Education, the Governor, and the
Director of Finance by no later than March 1, 2015.
Because this bill would require schools identified as the
historically lowest performing
low-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.
(3) This bill would make these provisions inoperative on July 1,
2016, and would repeal them as of January 1, 2017.
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 the 10
Historically Lowest Performing 10 Historically
Low-Performing California Public Schools
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 10 historically low-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) Eight members appointed by the Superintendent from persons
nominated by the members appointed pursuant to paragraphs (1) to (4),
inclusive. These members shall be nominated by the members appointed
pursuant to paragraphs (1) to (4), inclusive, for their experience,
understanding, and expertise in addressing the renewal of public
schools. The Superintendent shall ensure that the advisory
committee includes persons who have published findings or who are
actively engaged in research on successful school renewal efforts.
(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 only consider
schools currently or likely to be subject to restructuring pursuant
to Section 1116 of the federal Elementary and Secondary Education Act
(20 U.S.C. Sec. 6301 et seq.) in the subsequent school year. The
committee may also consider other objective data, including, but not
limited to, 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. Index, and dropout and graduation
rates.
(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.
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 10 historically
low-performing public schools in the state subject to this
article .
(b) A minimum of three of the 10 schools identified in subdivision
(a) shall be comprehensive high schools serving students in grades 9
to 12, inclusive, that had adjusted grades 9 to 12, inclusive,
four-year derived dropout rates of 25 percent or higher in 2007-08,
as determined by the Superintendent.
(b)
(c) 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
ensure that the governing board has provided
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: school identified in subdivision (a) the
notices required by both 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.
(1) Section 1116(b)(7)(E) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.).
(2) Section 1116(b)(8)(C) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.).
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
approve in a public hearing 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: of the locally developed renewal efforts
specified in Section 1116(b)(8)(B)(i), (ii), or (iii) of the federal
Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.).
(b) For the high school identified in subdivision (b) of Section
52066, the renewal efforts shall focus primarily on significant
annual increases toward a four-year graduation rate goal of 90
percent, as calculated pursuant to subparagraph (A) of paragraph (4)
of subdivision (a) of Section 52052. The evaluation required in
Section 52068 shall include an assessment of the efficacy of any
strategies employed to increase graduation rates at each of the
identified high schools.
(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)
(c) 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: shall recommend revocation
of the charter to the State Board of Education pursuant to
subdivision (c) of Section 47604.5.
(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.
(d) No later than 90 days upon receipt of a recommendation for
revocation pursuant to subdivision (b), the board shall hold a public
hearing to consider the revocation of the charter.
(c)
(e) 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 other federal funds
are available, and if so, shall determine how that funding
could be best allocated to facilitate the ongoing renewal
efforts for the lowest performing
low-performing schools on the list
subject to this section .
(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. with the approval
of the Director of Finance and pursuant to any applicable
notification requirements in the annual Budget Act, the
Superintendent and the state board shall notify the relevant local
educational agencies regarding which schools are subject to the
requirements of this section for the subsequent school year and the
remaining schools for which the renewal plans otherwise required by
this section are recommended but not mandatory.
(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.
52068. The department shall contract for an independent
evaluation of the program established by this article. The costs of
the evaluation shall be paid for from federal funds
appropriated to the department in the Budget Act .
The evaluation shall determine whether this program has been
effective in improving pupil achievement and shall identify
components of successful school renewal. The evaluation shall be
submitted, no later than March 1, 2015, to the chairpersons of the
Joint Legislative Budget Committee, the Assembly Committee on Budget,
the Senate Committee on Budget and Fiscal Review, the Assembly
Committee on Education, the Senate Committee on Education, the
Governor, and the Director of Finance.
52069. This article shall become inoperative on July 1, 2016,
and, as of January 1, 2017, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2017, deletes
or extends the dates on which it becomes inoperative and is
repealed.
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.