BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1458
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          Date of Hearing:   June 27, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   SB 1458 (Steinberg) - As Amended:  June 14, 2012

           SENATE VOTE  :   24-11
           
          SUBJECT  :   School accountability:  Academic Performance Index:  
          graduation rates

           SUMMARY  :   Makes changes to the composition and use of the 
          Academic Performance Index (API).  Specifically,  this bill  :   

          1)Provides that achievement test results shall constitute no 
            more than 40% of the value of the API for secondary schools 
            commencing with the 2014-15 school year.

          2)Provides that achievement test results shall constitute at 
            least 40% of the value of the API for primary and middle 
            schools commencing with the 2014-15 school year.

          3)Authorizes the Superintendent of Public Instruction (SPI), 
            with the approval of the State Board of Education (SBE), to:

             a)   Incorporate the rates at which pupils successfully 
               promote from one grade to the next in middle school and 
               high school and successfully matriculate from middle school 
               to high school into the API;

             b)   Incorporate valid, reliable, and stable measures of 
               pupil preparedness for postsecondary education and careers 
               into the secondary school API; and

             c)   Develop and implement a program of school quality review 
               that features locally convened panels to visit schools, 
               observe teachers, interview students, and examine student 
               work, if an appropriation for this purpose is made in the 
               annual Budget Act.

          4)Requires that, when additional elements are selected for the 
            API they not be incorporated into the API until at least one 
            full year after the SBE made the decision.

          5)Requires the SPI to annually provide to local education 








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            agencies and the public an understandable explanation of the 
            individual components of the API and their relative values 
            within the API.

          6)Repeals the requirement to use the API to select schools for 
            participation in the Immediate Intervention/Underperforming 
            Schools Program (II/USP) and to rank schools pursuant to the 
            High Achieving/Improving Schools Program (HA/ISP).

          7)Requires the SPI, on or before October 1, 2013, and in 
            consultation with the Public School Accountability Act 
            advisory committee, to:

             a)   Report to the Legislature and recommend to the SBE for 
               adoption a method or methods to increase the emphasis on 
               pupil performance in science and social science in the API;

             b)    Report to the Legislature a plan to streamline and 
               reduce state-mandated middle and secondary school testing; 
               and

             c)   Report to the Legislature an alternative method or 
               methods, in place of decile rank, for determining 
               eligibility, preferences, or priorities for any statutory 
               program that currently uses decile rank as a determining 
               factor.

          8)Expresses the intent of the Legislature that the state's 
            system of public school accountability be more closely aligned 
            with the public's expectations for public education and the 
            workforce needs of the state's economy and that the state's 
            accountability system evolve beyond its narrow focus on pupil 
            test scores to encompass other valuable information about 
            school performance, as specified.

          9)Finds and declares that the overreliance of the API has been 
            limited by an overreliance on the Standardized Testing and 
            Reporting Program (STAR) test scores, that the API does not 
            indicate the degree to which a school has prepared its pupils 
            for success in postsecondary education and career, and that 
            the transition to new common core academic content standards 
            and related assessments present an opportunity to reexamine 
            the state system of public school accountability.

           EXISTING LAW  establishes the Academic Performance Index (API), 








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          which summarizes a school's or a local educational agency's 
          (LEA's) academic performance and progress on statewide 
          assessments.  The API is a single number ranging from 200 to 
          1,000 and is required to include a variety of indicators, 
          including results of the Standardized Testing and Reporting 
          Program (STAR) tests, attendance rates, and high school 
          graduation rates.  Existing law requires that achievement test 
          scores constitute at least 60% of the API.  However, the only 
          indicators used so far to calculate the API have been test 
          scores, so, in practice, test scores constitute 100% of the API. 
           

          Among other things, the API is used to rank schools into 
          deciles, based on their API scores.  Each school receives two 
          ranks-one relative to all other schools in the state and one 
          relative to 100 other schools with similar pupil demographics. 
          Decile ranks are used for a variety of purposes, including:

          1)Identifying schools for participation in the II/USP and HA/ISP 
            programs;
          2)Compliance with the Williams settlement;
          3)Charter school renewal;
          4)Identifying schools for the Open Enrollment Act;
          5)Identifying eligible schools for the Assumption Program of 
            Loans for Education;
          6)Reporting on the School Accountability Report Card (SARC);
          7)Determining allowable expenditures for the Professional 
            Development Block Grant; and
          8)Identifying eligible schools for the Quality Education 
            Investment Act.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee analysis:

          1)One-time costs of $200,000 to $250,000 to the California 
            Department of Education  (CDE) to research and implement data 
            indicators for career and college readiness, incorporate 
            indicators into the API, and to incorporate the new data 
            collection into the California Longitudinal Pupil Achievement 
            Data System (CALPADS) as well as for additional meetings of 
            the school accountability advisory committee.
          2)Substantial cost pressure for the SPI to develop and implement 
            the school quality review program that is authorized by this 
            bill.  Depending on the design of quality reviews, they would 
            likely involve substantial state and local staff time to visit 








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            and evaluate schools.
          3)Unknown fiscal impact on individual schools.  Certain funding 
            is tied to API scores, as is Adequate Yearly Progress (AYP), 
            and charter schools are evaluated for renewal and revocation 
            based in part on API scores.  Changing the constitution of the 
            API score will impact all schools, but costs or savings at the 
            local level will vary.

           COMMENTS  :   According to the author, "It is time for the API to 
          evolve into a less punitive, more constructive representation of 
          school performance, and to encompass a more comprehensive set of 
          expectations and aspirations for school performance, such as 
          graduation and/or dropout rates, and, as appropriate, measures 
          of pupil preparedness for college and career."  A recent report 
          from Education Sector, "Ready by Design:  A College and Career 
          Agenda for California" (June 2012) finds that there is no 
          correlation between a school's API score and its graduation or 
          college enrollment rates and concludes that the API is a flawed 
          measure of college and career readiness.  The report suggests 
          that other measures, which are based on data that are already 
          collected and that are better indicators of college and career 
          readiness, could be added to the API at the high school level.  
          These measures include:

          1)High school graduation and/or dropout rates;
          2)Data on pupils who pass the "a-g" requirements (coursework 
            required for admission to the University of California);
          3)Passage rates and test-taking rates on Advanced Placement and 
            Early Assessment Program exams; and
          4)Data on enrollment in postsecondary institutions.

          Another report from the National Governors Association (NGA), 
          "Creating a College and Career Readiness Accountability Model 
          for High Schools" (January 2012), states that, "In a time when 
          there is a national consensus that schools should focus on 
          students' college and career readiness, it is critical for 
          states to design accountability systems that measure the numbers 
          of students who are college and career ready."  The NGA Center 
          for Best Practices recommends that states consider the following 
          principles when designing a college and career readiness 
          accountability system for high schools:

          1)Use multiple measures to determine school and district 
            performance.
          2)Provide incentives for preparing the hardest-to-serve students 








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            for college and careers.
          3)Set realistic targets for accountability measures.

          Regarding the use of multiple measures, the NGA Center states 
          that measures need to take into account the full picture of 
          student performance, while guarding against having too many 
          measures.  Measures, according to the NGA Center, should be 
          meaningful (i.e., directly linked to the overall performance 
          goal of college and career readiness), actionable (so that 
          teachers and administrators know how to help students improve on 
          that particular measure), and limited (so educators are not 
          stretched too thin or overwhelmed).

          Another report from Education Sector, "On Her Majesty's School 
          Inspection Service" (2012), describes the system of school site 
          inspections used in England.  That system is known as the 
          "Ofsted" system (Office for Standards in Education, Children's 
          Services and Skills), and was created by Parliament in 1992.  
          Under that system, schools receive a narrative report describing 
          its specific strengths and weaknesses in key areas along with 
          its accountability rating.  The report argues that the narrative 
          report provides a guide to corrective action that leads to 
          faster improvement.  The report estimates that the cost of 
          conducting such a system in California would range from $63.7 
          million to $130.9 million annually.

           Clarification needed.   This bill requires the SPI, "as 
          additional elements are incorporated into the API, �to] annually 
          provide to local educational agencies and the public a 
          transparent and understandable explanation of the individual 
          components of the API and their relative values within the API." 
           This is unclear whether the explanation is to be provided 
          annually or just when additional elements are added.  It is the 
          author's intend that this information be included as part of an 
          annual reporting requirement. Therefore, staff recommends that 
          this be clarified by striking "as additional elements are 
          incorporated into the API."

           Eliminate duplicative reporting requirement.   This bill requires 
          the SPI, on or before October 1, 2013, to report to the 
          Legislature a plan to streamline and reduce state-mandated pupil 
          testing.  However, AB 250 (Brownley), Chapter 608, Statutes of 
          2011, already requires to SPI to develop recommendations to 
          minimize testing time "while not jeopardizing the validity, 
          reliability, fairness, or instructional usefulness of the 








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          assessment results."  The recommendations required by AB 250 are 
          due to the Legislature on or before November 1, 2012.  Staff 
          recommends that this bill be amended to strike the additional 
          reporting requirement.

           Related legislation.   SB 547 (Steinberg) would have replaced the 
          API with a broader-based Education Quality Index.  SB 547 was 
          vetoed by the Governor with the following message:

               "I am returning Senate Bill 547 without my signature.

               This bill is yet another siren song of school reform. 
               It renames the Academic Performance Index (API) and 
               reduces its significance by adding three other 
               quantitative measures. 

               While I applaud the author's desire to improve the 
               API, I don't believe that this bill would make our 
               state's accountability regime either more probing or 
               more fair.

               This bill requires a new collection of indices called 
               the "Education Quality Index" (EQI), consisting of 
               "multiple indicators," many of which are ill-defined 
               and some impossible to design. These "multiple 
               indicators" are expected to change over time, causing 
               measurement instability and muddling the picture of 
               how schools perform.

               SB 547 would also add significant costs and confusion 
               to the implementation of the newly-adopted Common Core 
               standards which must be in place by 2014. This bill 
               would require us to introduce a whole new system of 
               accountability at the same time we are required to 
               carry out extensive revisions to school curriculum, 
               teaching materials and tests. That doesn't make sense.

               Finally, while SB 547 attempts to improve the API, it 
               relies on the same quantitative and standardized 
               paradigm at the heart of the current system. The 
               criticism of the API is that it has led schools to 
               focus too narrowly on tested subjects and ignore other 
               subjects and matters that are vital to a well-rounded 
               education. SB 547 certainly would add more things to 
               measure, but it is doubtful that it would actually 








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               improve our schools. Adding more speedometers to a 
               broken car won't turn it into a high-performance 
               machine. 

               Over the last 50 years, academic "experts" have 
               subjected California to unceasing pedagogical change 
               and experimentation. The current fashion is to collect 
               endless quantitative data to populate ever-changing 
               indicators of performance to distinguish the 
               educational "good" from the educational "bad." Instead 
               of recognizing that perhaps we have reached testing 
               nirvana, editorialists and academics alike call for 
               ever more measurement "visions and revisions." 

               A sign hung in Albert Einstein's office read "Not 
               everything that counts can be counted, and not 
               everything that can be counted counts." 

               SB 547 nowhere mentions good character or love of 
               learning. It does allude to student excitement and 
               creativity, but does not take these qualities 
               seriously because they can't be placed in a data 
               stream. Lost in the bill's turgid mandates is any 
               recognition that quality is fundamentally different 
               from quantity. 

               There are other ways to improve our schools - to 
               indeed focus on quality. What about a system that 
               relies on locally convened panels to visit schools, 
               observe teachers, interview students, and examine 
               student work? Such a system wouldn't produce an API 
               number, but it could improve the quality of our 
               schools. 

               I look forward to working with the author to craft 
               more inspiring ways to encourage our students to do 
               their best."

          AB 224 (Bonilla) would have required the SPI, in consultation 
          with the SBE, to add specified indicators to the API.  AB 224 
          was held in the Senate Appropriations Committee.


           REGISTERED SUPPORT / OPPOSITION  :









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           Support 
           
          American Association of University Women-California
          California Association of Regional Occupational Centers and 
          Programs
          California Association of School Counselors, Inc.
          California Association of Work Experience Educators
          California Business Education Association
          California Correctional Peace Officers Association
          California Council for the Social Studies
          California Manufacturers and Technology Association
          California State PTA
          Children Now
          Fight Crime:  Invest in Kids-California
          Los Angeles Area Chamber of Commerce
          Metropolitan Education District
          North State Building Industry Association
          Policy Link
          United Ways of California
          University of California

           Opposition 
           
          None of file

           Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087