BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 742|
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                                 THIRD READING


          Bill No:  SB 742
          Author:   Romero (D)
          Amended:  6/1/09
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 4/29/09
          AYES:  Romero, Huff, Alquist, Liu, Maldonado, Padilla,  
            Simitian, Wyland
          NO VOTE RECORDED:  Hancock

           SENATE APPROPRIATIONS COMMITTEE  :  12-0, 5/28/09
          AYES:  Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,  
            Leno, Oropeza, Runner, Walters, Wyland, Yee
          NO VOTE  RECORDED:  Wolk


           SUBJECT  :    School accountability: low-performing public  
          schools

           SOURCE  :     EdVoice


           DIGEST  :    This bill requires, commencing November 1, 2010,  
          the Superintendent of Public Instruction and the State  
          Board of Education to identify 10 historically  
          low-performing public schools in the state and ensure the  
          schools' districts are complying with federal requirements  
          for notification to parents and employees of the school.   
          This bill sunsets on July 1, 2016.

           ANALYSIS  :    The Public Schools Accountability Act of 1999  
          created the Academic Performance Index (API) and  
                                                           CONTINUED





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          established the Immediate Intervention/Underperforming  
          Schools Program (II/USP) to offer voluntary assistance to  
          low-performing schools.  In 2001, the High Priority Schools  
          Program (HP) was established to provide additional  
          assistance to the lowest-performing schools, taking the  
          place of the II/USP.  In 2005, the Department of Education  
          (DOE) contracted with the American Institutes for Research  
          (AIR) to examine the implementation, impact, costs, and  
          benefits of the HP Program.  It was found that, on average,  
          HP schools showed gains in student performance during the  
          period of program implementation; however, the effect of  
          the HP program itself was found to be negligible.

          Schools that participated in the II/USP or High Priority  
          Schools Program and failed to show significant API growth  
          may be designated for state monitoring.

          Once a school is placed under state monitoring, a number of  
          interventions are possible, including, but not limited to,  
          closing or reorganizing the school or allowing parents to  
          apply to the SBE to become a charter school.  The most  
          common intervention, however, has been to require the  
          district to enter into a contract with a School Assistance  
          Intervention Team (SAIT) on behalf of the school.  The SAIT  
          provider is responsible for assessing the school and  
          assisting the school with implementing a corrective action  
          plan. 

          A 2008 evaluation found that "the SAIT program is effective  
          in helping low-performing schools improve classroom  
          instruction and student achievement.  Longitudinal analysis  
          of API and STAR data over a seven-year period showed that  
          student achievement in SAIT schools improved." 

          Sponsors indicate California's accountability system is  
          voluntary when it comes to interventions for persistent  
          academic failure.  Over 2,240 schools in California have  
          participated in a voluntary school improvement program  
          since 1999 at a cost to the state and federal government of  
          over $2.5 billion.  Research findings suggest student  
          achievement in schools that received the funds has been  
          either stagnant or gains cannot be attributed to the  
          programming of this investment.  Key findings from the  
          research reveal that the voluntary nature of the program,  







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          absence of oversight, failure to require full  
          implementation of improvement plans, and skewed incentives,  
          receiving funds regardless of academic performance are all  
          likely connected to the dismal findings.

          This bill:
           
           1.Creates an Advisory Committee (Committee), comprised of  
             twelve members appointed as specified, who are to advise  
             the Superintendent of Public Instruction (SPI) on how to  
             identify ten historically low-performing public schools  
             in the state.  Requires the SPI ensure that the  
             Committee includes persons who have published findings  
             or who are actively engaged in research on successful  
             school renewal efforts.

           2.Requires the Committee to make recommendations to the  
             SPI, by July 1, 2010, on the criteria the SPI and the  
             State Board of Education (SBE) should use to jointly  
             identify ten historically low-performing schools in the  
             state, as well as the conditions that must exist for a  
             school to be removed from the list.  Requires the  
             Committee to only consider schools currently or likely  
             to be subject to restructuring pursuant to existing  
             federal law in the subsequent school year, and allows  
             the Committee to consider other objective data such as  
             the California Standards Test, the Academic Performance  
             Index, and dropout and graduation rates.  Further  
             requires the SPI to make recommendations on these  
             criteria and conditions to the SBE by August 15, 2010,  
             and requires the SPI and SBE to jointly approve the  
             criteria and conditions by October 1, 2010.

           3.Requires that by November 1, 2010, the SBE and SPI  
             jointly identify 10 historically low-performing public  
             schools in the state ("listed school").  Requires at  
             least three of the schools be comprehensive high schools  
             with dropout rates of 25 percent or higher in 2007-2008,  
             and that the renewal efforts focus primarily on annual  
             increases toward a four-year graduation rate goal of 90  
             percent, as calculated pursuant to current law.

           4.Requires the SPI ensure the governing board of each  
             local educational agency (LEA) responsible for oversight  







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             of an identified low-performing school to provide each  
             employee and parent or guardian of a child enrolled or  
             requesting to be enrolled in the school specified  
             notices required by federal law.

           5.Requires the SPI and SBE to direct the LEA responsible  
             for each listed school to evaluate the reasons for the  
             listing and approve at a public hearing at least one of  
             the locally developed renewal efforts specified in  
             existing federal law.  

           6.Provides that if a listed school is a charter school,  
             the SPI shall recommend revocation of the charter to the  
             SBE.  Requires the SBE, within 90 days upon receiving  
             the recommendation, hold a public hearing to consider  
             the revocation.

           7.Provides that if the Director of Finance (Director)  
             determines that sufficient federal funds are not  
             available to implement the renewal efforts pursuant to  
             this bill, the Director must notify the SPI and SBE  
             within 45 days, and all of the following shall occur:

             A.    The SPI and SBE shall determine if other federal  
                funds are available, and if so, determine how that  
                funding could be best allocated to facilitate the  
                ongoing renewal efforts.

             B.    After making the above determination, the SPI  
                and SBE shall notify the relevant LEA regarding  
                which schools are subject to the requirements of  
                the bill for the subsequent school year and  
                remaining schools for which the renewal plans are  
                recommended but not mandatory.

           8.Requires the DOE contract for an independent evaluation  
             of the program, as specified to be paid for from federal  
             funds appropriated to the department.  Requires the  
             evaluation, for high schools, to include an assessment  
             of the efficacy of strategies employed to improve pupil  
             achievements and identify components of successful  
             school renewal.

           9.Requires, by March 1, 2015, the evaluation to be  







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             submitted to specified legislative bodies, the Governor,  
             and the Director.

          10.Sunsets the bill on July 1, 2016.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          Resent amendments substantially alter the fiscal impact,  
          cost unknown.

           SUPPORT  :   (Verified  6/1/09)

          EdVoice (source)

           OPPOSITION  :    (Verified  6/1/09)

          Association of California School Administrators
          California Federation of Teachers
          California Teachers Association
          Californians Together 


          DLW:do  6/2/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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