BILL ANALYSIS                                                                                                                                                                                                    �





                            SENATE COMMITTEE ON EDUCATION
                                Alan Lowenthal, Chair
                              2011-2012 Regular Session
                                          

        BILL NO:       SB 1322
        AUTHOR:        Wyland
        INTRODUCED:    February 23, 2012
        FISCAL COMM:   Yes            HEARING DATE: April 25, 2012
        URGENCY:       No             CONSULTANT:Lynn Lorber

        SUBJECT  :  Pupil assessments: school board hearing.
        
         SUMMARY
         
        This bill expands the scope of the public hearing that school 
        district governing boards are required to hold regarding Academic 
        Performance Index rankings and removes the discretion of school 
        boards with schools scoring below the 50th percentile with regard to 
        conducting an assessment and adopting an improved performance plan.

         BACKGROUND
         
        California established the Public Schools Accountability Act in 1999 
        to measure academic performance and growth.  The Academic 
        Performance Index (API) is a single number, ranging from 200-1,000, 
        that reflects a school's and it's subgroups' performance on 
        statewide tests.  The API is an improvement model (not a growth 
        model that tracks an individual pupil's performance over time) that 
        compares school and subgroup API scores from year to year.  

        Schools API scores are used to determine eligibility or priority for 
        intervention programs, such as the Quality Education Investment Act 
        and Persistently Lowest-Achieving Schools.  Prior assistance and 
        intervention programs have been phased out, such as the Immediate 
        Intervention/Underperforming Schools Program and the High Priority 
        Schools Grant Program.  Schools API rankings determines eligibility, 
        priority, or preferences for other programs (see below).  The API is 
        also used for purposes of calculating Adequate Yearly Progress, as 
        required by the federal No Child Left Behind Act.

         API indicators











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         Current law requires the API to consist of a variety of indicators 
        including the results of Standardized Testing and Reporting program 
        (STAR) tests, the California High School Exit Exam, attendance 
        rates, and high school graduation rates.  (Education Code � 
        52052(a)(4))

        The results of the STAR tests and the high school exit exam 
        constitute at least 60% of the value of API scores.  (EC � 
        52052(a)(4)(C))

        To date, the only indicators used to calculate the API have been 
        test scores.  Therefore, test scores constitute 100% of API scores. 
         API rankings
         
        The High Achieving/Improving School Act establishes the system 
        ranking schools based on API scores.  Two types of API ranks are 
        reported, a statewide rank (compares scores statewide) and a similar 
        schools rank (compare scores with 100 schools with similar 
        demographics).  (EC � 52056)  A school's Base API is used to 
        determine its rank, and is done separately for elementary, middle, 
        and high schools.  Rankings are used to determine a school's 
        eligibility, preferences or priorities for several programs, such as 
        Open Enrollment, the Williams's settlement, and charter school 
        renewal, Assumption Program of Loans for Education, the Professional 
        Development Block Grant and the Quality Education Investment Act. 

         School board meeting
         
        Current law requires school district governing boards to discuss the 
        results of the API ranking at the next regularly scheduled meeting 
        after the API rankings are released.  School boards are strongly 
        encouraged to include in the discussion an examination of STAR test 
        scores by school, grade and subgroup.  

        School boards are authorized, if the average STAR test score of the 
        school is below the 50th percentile, or if the test scores of more 
        than 25% of the pupils of a school are below the 50th percentile, to 
        do both of the following:

        1)   Conduct an assessment of the reasons for the performance 
             results of the school, by grade.











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        2)   Adopt an improved performance plan that includes methods 
             determined by the district to have been used by schools with 
             similar pupil populations elsewhere in the district or state 
             and significantly higher pupil scores.  School boards that 
             adopt an improved performance plan must reevaluate the plan at 
             each future annual meeting until STAR test scores reach a level 
             above the 50th percentile.  (EC � 52056)

         ANALYSIS
         
         This bill  expands the scope of the public hearing that school 
        district governing boards are required to hold regarding Academic 
        Performance Index rankings and removes the discretion of school 
        boards with schools scoring below the 50th percentile with regard to 
        conducting an assessment and adopting an improved performance plan.  
        Specifically, this bill:

        1)   Expands the requirement that the governing board of a school 
             district discuss the results of the annual Academic Performance 
             Index (API) rankings to also require school district boards to 
             analyze and compare the results.

        2)   Adds STAR tests results to the data that must be discussed, 
             analyzed and compared (in addition to API rankings).

        3)   Removes the discretion of school districts with an average STAR 
             test score of a school below the 50th percentile, or if the 
             test scores of more than 25% of the pupils of a school are 
             below the 50th percentile, and instead requires school boards 
             to do both of the following:

                  a)             Conduct an assessment of the reasons for 
                  the performance results of the school, by grade.

                  b)             Adopt an improved performance plan that 
                  includes methods determined by the district to have been 
                  used by schools with similar pupil populations elsewhere 
                  in the district or state and significantly higher pupil 
                  scores.  The plan must explain why an alternate approach 
                  is preferable if it is deemed not feasible to adopt those 
                  methods.  If a school board adopts an improved performance 
                  plan, it must reevaluate the plan at each future annual 










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                  meeting until STAR test scores reach a level above those 
                  specified above.

        4)   Requires a school district governing board that holds a public 
             hearing to discuss pupil achievement on the STAR tests and 
             pupil progress toward meeting the optimum performance levels on 
             those tests, to do so in the manner specified below:

                  a)             The school board may not place this 
                  discussion on the consent calendar.

                  b)             The school board shall notify in writing 
                  all of the following persons and entities of each public 
                  hearing held:

                         i)                  Representative parent 
                       organizations at the schoolsite, including the parent 
                       teacher associations, clubs, or organizations, and 
                       schoolsite councils.  School districts are encouraged 
                       to notify parents directly through appropriate means.

                         ii)     All local major media outlets.

                         iii)    The mayor of a city located in the 
                       district.

                         iv)     All members of a city council of a city 
                       located in the district.

                         v)                  All members of the county board 
                       of supervisors of a county located in the district.

                         vi)     The county superintendent of schools.

                         vii)    The county board of education.

         STAFF COMMENTS
         
         1)   Need for the bill  .  According to the author, "In 2003, the 
             Legislature approved AB 36 by then-Assemblyman Wyland, which 
             created a process for school districts to identify how 
             performing schools and impose some type of intervention.  










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             Specifically, AB 36 stated that if the school board identifies 
             a school with an API score below the 50th percentile, or where 
             25% of students scored below the 50th percentile, the board may 
             implement some form of intervention to increase student 
             achievement.  Currently, districts are not required to 
             implement any sort of intervention at schools identified as low 
             performing.  Without a requirement in place mandating that 
             district perform either one of these interventions, there is no 
             sure way to ensure that districts are doing everything they can 
             to increase student achievement at identified low performing 
             schools."

         2)   School board discussion of API  .  Each school district governing 
             board is currently required to discuss the Academic Performance 
             Index (API) rankings of schools within the district during a 
             public meeting of the school board.  API rankings, both 
             statewide and similar schools, are based on the Base API score 
             of each school.  The API scores are calculated using the 
             results of the STAR tests and the California high school exit 
             exam.  Test scores account for 100% of a school's API.  This 
             bill requires school boards to also discuss (and analyze and 
             compare) STAR test scores.  It is likely that school boards 
             currently discuss STAR test results when discussing API 
             rankings as those rankings are based on the results of the STAR 
             tests (solely STAR tests for elementary and middle schools, and 
             STAR and high school exit exam results for high schools).

        This bill requires school boards to discuss, analyze and compare 
             STAR test results.  The API scores for elementary and middle 
             schools are based on the results of STAR tests; API scores for 
             high schools include results for both STAR tests and the high 
             school exit exam.  Should school boards serving high schools 
             also discuss, analyze and compare results of the high school 
             exit exam?  

         3)   Performance plan  .  This bill requires the governing board of a 
             school district with an average STAR test score of a school 
             below the 50th percentile, or if the test scores of more than 
             25% of the pupils of a school are below the 50th percentile, to 
             adopt an improved performance plan that includes methods 
             determined by the district to have been used by schools with 
             similar pupil populations elsewhere in the district or state 










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             and significantly higher pupil scores.  The plan must explain 
             why an alternate approach is preferable if it is deemed not 
             feasible to adopt those methods.  

        The author's statement indicates that school districts are not 
             required to implement any sort of intervention at schools 
             identified as low performing and that requiring districts to 
             adopt an improved performance plan will enhance pupil 
             achievement.  Staff notes that numerous programs of 
             intervention or corrective action are in place for schools 
             identified as low performing, such as Program Improvement 
             pursuant to the federal No Child Left Behind, Persistently 
             Lowest-Achieving Schools, the Quality Education Investment Act. 
              Prior assistance and intervention programs have been phased 
             out, such as the Immediate Intervention/Underperforming Schools 
             Program and the High Priority Schools Grant Program.  

         4)   Comparison  .  This bill requires school districts to discuss, 
             analyze and compare the API rankings of schools within the 
             district.  This bill does not specify to what or whom the API 
             rankings are to be compared.

         5)   Optimum performance levels  .   This bill requires school boards 
             that hold a public hearing (serve schools scoring below the 
             50th percentile) to discuss STAR tests results and pupil 
             progress toward meeting the optimum performance levels on those 
             tests.  This bill does not define optimum performance, which 
             could include meeting the API growth target, and meeting 
             Adequate Yearly Progress pursuant to the federal No Child Left 
             Behind, or another measure.

         6)   Next regularly scheduled school board meeting  .  Current law 
             requires school boards to discuss API rankings at the next 
             regularly scheduled meeting after the rankings are released.  
             This bill requires school boards to also analyze and compare 
             API rankings, which will presumably require a level of 
             preparation that is greater than that for a mere discussion.  
             Will school boards have enough time to prepare an analysis and 
             comparison once the API rankings are released and the board's 
             next regularly scheduled meeting?

         7)   Notice of school board meeting  .  This bill requires the school 










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             board to give notice of the upcoming school board meeting to 
             representative parent organizations at the schoolsite, all 
             local major media outlets, the mayor of a city located in the 
             district, all members of a city council of a city located in 
             the district, all members of the county board of supervisors of 
             a county located in the district, the county superintendent of 
             schools, and the county board of education.  Should teachers 
             and schoolsite administrators also be given notice?

         8)   Prior legislation  .  This bill is identical to SB 280 (Wyland), 
             which was introduced in February 2011, scheduled to be heard by 
             this Committee in March 2011, and pulled from the agenda at the 
             request of the author.  The bill was subsequently returned to 
             the Secretary of the Senate.

         SUPPORT
         
        None on file.

         OPPOSITION

         None on file.