BILL NUMBER: AB 1668 CHAPTERED
BILL TEXT
CHAPTER 424
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2012
APPROVED BY GOVERNOR SEPTEMBER 21, 2012
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 13, 2012
AMENDED IN SENATE JULY 5, 2012
AMENDED IN ASSEMBLY MAY 16, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 20, 2012
INTRODUCED BY Assembly Member Carter
FEBRUARY 14, 2012
An act to amend Sections 52052 and 52052.3 of the Education Code,
relating to school accountability.
LEGISLATIVE COUNSEL'S DIGEST
AB 1668, Carter. School accountability: academic performance:
dropout recovery high schools.
Existing law requires the Superintendent of Public Instruction,
with approval of the State Board of Education, to develop an Academic
Performance Index (API), as part of the Public School Performance
Accountability Program, to measure the performance of schools,
especially the academic performance of pupils. Existing law requires
the Superintendent, with approval of the state board, to develop an
alternative accountability system for specified types of schools and
allows these schools to receive an API score, but prohibits them from
being included in the API rankings of schools. Existing law requires
the Superintendent and the state board, as part of the alternative
accountability system for schools, or any successor system, to allow
no more than 10 dropout recovery high schools to report the results
of an individual pupil growth model, as specified, instead of
reporting other indicators, and requires the Superintendent to review
the individual pupil growth model proposed by a dropout recovery
high school and certify that model if it meets specified criteria.
Existing law defines a dropout recovery high school as a school
offering instruction in any of grades 9 to 12, inclusive, in which
50% or more of its pupils are designated as dropouts, as specified,
and the school provides specified instruction.
This bill would change the definition of a dropout recovery high
school to mean a school offering instruction in any of grades 9 to
12, inclusive, in which 50% or more of its pupils are either
designated as dropouts, as specified, or left a school and were not
otherwise enrolled in a school for a period of at least 180 days and
the school provides specified instruction. The bill also would
require a dropout recovery high school to submit to the
Superintendent a certification that the high school meets the
definition of a dropout recovery high school, as defined, and provide
specified data in support of that designation.
Existing law prohibits graduation rates for pupils in dropout
recovery high schools, as defined, from being included in the API.
This bill would revise the definition of dropout recovery high
school for purposes of this provision to also include a high school
in which 50% or more of its pupils left a school and were not
otherwise enrolled in a school for a period of at least 180 days.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52052 of the Education Code is amended to read:
52052. (a) (1) The Superintendent, with approval of the state
board, shall develop an Academic Performance Index (API), to measure
the performance of schools, especially the academic performance of
pupils.
(2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English learners.
(D) Pupils with disabilities.
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
(i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
(ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
(B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
(C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant pupil subgroups shall be defined by the Superintendent,
with approval by the state board.
(4) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
(A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
(i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be three school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (ii).
(ii) The number of pupils entering grade 9 for the first time in
the school year three school years before the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was three school years before the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.
(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be four school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (iv).
(iv) The number of pupils entering grade 9 for the first time in
the school year four years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was four
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be five school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (vi).
(vi) The number of pupils entering grade 9 for the first time in
the school year five years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was five
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(B) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:
(i) Schools shall be granted one-half the credit in their API
scores for graduating pupils in five years that they are granted for
graduating pupils in four years.
(ii) Schools shall be granted one-quarter the credit in their API
scores for graduating pupils in six years that they are granted for
graduating pupils in four years.
(iii) Notwithstanding clauses (i) and (ii), schools shall be
granted full credit in their API scores for graduating in five or six
years a pupil with disabilities who graduates in accordance with his
or her individualized education program (IEP).
(C) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the high
school exit examination administered pursuant to Section 60851, when
fully implemented, shall be disaggregated by special education
status, English learners, socioeconomic status, gender, and ethnic
group. Only the test scores of pupils who were counted as part of the
enrollment in the annual data collection of the California Basic
Educational Data System for the current fiscal year and who were
continuously enrolled during that year may be included in the test
result reports in the API score of the school. Results of the
achievement test and other tests specified in subdivision (b) shall
constitute at least 60 percent of the value of the index.
(D) Before including high school graduation rates and attendance
rates in the API, the Superintendent shall determine the extent to
which the data currently are reported to the state and the accuracy
of the data. Notwithstanding any other law, graduation rates for
pupils in dropout recovery high schools shall not be included in the
API. For purposes of this subparagraph, "dropout recovery high school"
means a high school in which 50 percent or more of its pupils have
been designated as dropouts pursuant to the exit/withdrawal codes
developed by the department or left a school and were not otherwise
enrolled in a school for a period of at least 180 days.
(E) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based on socioeconomically disadvantaged pupils and
numerically significant pupil subgroups scoring below average on
statewide standards-aligned assessments. In addition, the data shall
be made available in a manner that provides for comparisons of a
minimum of three years of data.
(b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
(1) The standards-based achievement tests provided for in Section
60642.5.
(2) The high school exit examination.
(c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (d), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
(d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target. When the API is fully
developed, schools, at a minimum, shall meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The state board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
(e) The API shall be used for both of the following:
(1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
(2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
(f) (1) A school with 11 to 99 pupils with valid test scores shall
receive an API score with an asterisk that indicates less
statistical certainty than API scores based on 100 or more test
scores.
(2) A school annually shall receive an API score, unless the
Superintendent determines that an API score would be an invalid
measure of the performance of the school for one or more of the
following reasons:
(A) Irregularities in testing procedures occurred.
(B) The data used to calculate the API score of the school are not
representative of the pupil population at the school.
(C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
(E) Insufficient pupil participation in the assessments included
in the API.
(3) If a school has fewer than 100 pupils with valid test scores,
the calculation of the API or adequate yearly progress pursuant to
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and federal regulations may be calculated over more than one
annual administration of the tests administered pursuant to Section
60640 and the high school exit examination administered pursuant to
Section 60851, consistent with regulations adopted by the state
board.
(g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(h) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
SEC. 2. Section 52052.3 of the Education Code is amended to read:
52052.3. (a) As part of the alternative accountability system for
schools developed pursuant to subdivision (h) of Section 52052, or
any successor system, the Superintendent and the state board shall
allow no more than 10 dropout recovery high schools, as defined in
subdivision (b), to report, in lieu of other indicators, the results
of an individual pupil growth model that is proposed by the school
and certified by the Superintendent pursuant to subdivision (c).
(b) For purposes of this section, "dropout recovery high school"
means a school offering instruction in any of grades 9 to 12,
inclusive, in which 50 percent or more of its pupils are either
designated as dropouts pursuant to the exit and withdrawal codes
developed by the department or left a school and were not otherwise
enrolled in a school for a period of at least 180 days and the school
provides instruction in partnership with any of the following:
(1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
(2) Federally affiliated Youthbuild programs (42 U.S.C. Sec. 12899
et seq.).
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Section
14406 or 14507.5 of the Public Resources Code.
(c) A dropout recovery high school shall submit to the
Superintendent a certification that the high school meets the
criteria specified in subdivision (b) and provide a summary of data
derived from the California Longitudinal Pupil Achievement Data
System pursuant to Chapter 10 (commencing with Section 60900) of Part
33 to support that designation. A dropout recovery high school shall
also submit a proposed individual pupil growth model, and the
Superintendent shall review and certify that model if it meets all of
the following criteria:
(1) The model measures learning based on valid and reliable
nationally normed or criterion-referenced reading and mathematics
tests.
(2) The model measures skills and knowledge aligned with state
standards.
(3) The model measures the extent to which a pupil scored above an
expected amount of growth based on the individual pupil's initial
achievement score.
(4) The model demonstrates the extent to which a school is able to
accelerate learning on an annual basis.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.