Amended in Assembly May 1, 2014

Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1573

Introduced by Assembly Member Jones-Sawyer

January 30, 2014

An act to amend Section 52052 of, and to add Article 5 (commencing with Section 52078) to Chapter 6.1 of Part 28 of Division 4 of Title 2 of, the Education Code, relating to alternative schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 1573, as amended, Jones-Sawyer. Alternative schools: Student Achievement via Excellence accountability system.

Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop an Academic Performance Index (API) to measure the performance of schools and school districts, especially the academic performance of pupils. Existing law also requires the Superintendent, with the approval of the state board, to 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, and alternative schools serving high-risk pupils, including continuation high schools and opportunity schools. Existing law provides that schools in the alternative accountability system may receive an API score, but shall not be included in the API rankings.

This bill would, by July 1, 2016, require the Superintendent, with the approval of the state board, to develop the Student Achievement via Excellence (SAVE) accountability system for the schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, certain charter schools, nonpublic, nonsectarian schools, and alternative schools, including continuation high schools and opportunity schools. The bill would require the SAVE accountability system to be designed in conformity with certain requirements, and would provide that its purpose is to annually measure the positive outcome performance of a covered school, as expressed by the school’s SAVE score. The bill would, among other things, require a school’s SAVE score to be calculated based upon 3 weighted categories: learning readiness, save rate, and academic achievement, and would specify indicators for each of these categories. begin insert The bill would require the Superintendent to recommend, and the state board to adopt, weights for each category. end insert The bill would require the SAVE accountability system to be fully implemented beginning with the 2016-17 school year.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known, and may be cited, as
The Fairness in Instruction Act.

SEC. 2.  

The Legislature finds and declares all of the following:

(a) Alternative high schools provide significant social, economic,
and academic benefits to their pupils and to California’s population
as a whole.

(b) Reengaged learners demonstrate higher civic achievement,
contribute to the cultural strengths of their communities, and are
significantly less likely to be unemployed, on public assistance,
or arrested for a violent crime.

(c) Alternative high schools face a number of challenges,
including pupils who are often significantly below grade level.

(d) Pupils who enroll in alternative high schools have displayed
a gradual process of disengagement from school that encompasses
years of academic and behavioral difficulties, absenteeism, and
stressful life circumstances.

(e) Successful alternative high schools use multiple strategies
including state-of-the-art technology and career technical education
to reach the variety of learning modalities of the population they
serve.

(f) Successful alternative high schools typically enroll pupils
for less than four years, provide competency-based rather than seat
time-based instruction, and operate with open entry or open exit
enrollment.

(g) Standardized testing depends on all pupils being present on
a fixed schedule with learning competencies within a narrower
band of averages than necessary to reflect the range of alternative
high school pupils. Research by the National Governors
Association recognizes that traditional testing and seat time
education for alternative high school pupils is a substantial and
unnecessary barrier.

(h) Support for successful alternative high schools should
include an alternative assessment mechanism that measures the
individual growth in pupils that can be administered at the school
level when pupils are available.

SEC. 3.  

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 and school districts, especially
the academic performance of pupils.

(2) A school or school district shall demonstrate comparable
improvement in academic achievement as measured by the API
by all numerically significant pupil subgroups at the school or
school district, including:

(A) Ethnic subgroups.

(B) Socioeconomically disadvantaged pupils.

(C) English learners.

(D) Pupils with disabilities.

(E) Foster youth.

(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that consists of at least 30 pupils, each of
whom has a valid test score.

(B) Notwithstanding subparagraph (A), for a subgroup of pupils
who are foster youth, a numerically significant pupil subgroup is
one that consists of at least 15 pupils.

(C) For a school or school district 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) (A) 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.

(B) The Superintendent, with the approval of the state board,
may also incorporate into the API 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.

(C) 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.

(D) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:

(i) Schools and school districts 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 and school districts 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 and school
districts 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.

(E) 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.

(F) (i) Commencing with the baseline API calculation in 2016,
and for each year thereafter, results of the achievement test and
other tests specified in subdivision (b) shall constitute no more
than 60 percent of the value of the index for secondary schools.

(ii)  In addition to the elements required by this paragraph, the
Superintendent, with approval of the state board, may incorporate
into the index for secondary schools valid, reliable, and stable
measures of pupil preparedness for postsecondary education and
career.

(G) Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index for primary schools and middle schools.

(H) It is the intent of the Legislature that the state’s system of
public school accountability be more closely aligned with both the
public’s expectations for public education and the workforce needs
of the state’s economy. It is therefore necessary that the
accountability system evolve beyond its narrow focus on pupil test
scores to encompass other valuable information about school
performance, including, but not limited to, pupil preparedness for
college and career, as well as the high school graduation rates
already required by law.

(I) The Superintendent shall annually determine the accuracy
of the graduation rate 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.

(J) To complement the API, the Superintendent, with the
approval of the state board, may develop and implement a program
of school quality review that features locally convened panels to
visit schools, observe teachers, interview pupils, and examine pupil
work, if an appropriation for this purpose is made in the annual
Budget Act.

(K) The Superintendent shall 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.

(L) An additional element chosen by the Superintendent and
the state board for inclusion in the API pursuant to this paragraph
shall not be incorporated into the API until at least one full school
year after the state board’s decision to include the element into the
API.

(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.

(e) (1) A school or school district 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 or school district 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 or
school district 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 or
school district are not representative of the pupil population at the
school or school district.

(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.

(F) A transition to new standards-based assessments
compromises comparability of results across schools or school
districts. The Superintendent may use the authority in this
subparagraph in the 2013-14 and 2014-15 school years only, with
approval of the state board.

(3) If a school or school district 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.

(4) Any school or school district that does not receive an API
calculated pursuant to subparagraph (F) of paragraph (2) shall not
receive an API growth target pursuant to subdivision (c). Schools
and school districts that do not have an API calculated pursuant
to subparagraph (F) of paragraph (2) shall use one of the following:

(A) The most recent API calculation.

(B) An average of the three most recent annual API calculations.

(C) Alternative measures that show increases in pupil academic
achievement for all groups of pupils schoolwide and among
significant subgroups.

(f) Only schools with 100 or more test scores contributing to
the API may be included in the API rankings.

(g) Schools in the Student Achievement via Excellence
accountability system, as specified in Article 5 (commencing with
Section 52078), may receive an API score, but shall not be included
in the API rankings.

(h) For purposes of this section, county offices of education
shall be considered school districts.

SEC. 4.  

Article 5 (commencing with Section 52078) is added
to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education
Code, to read:

 

Article 5.  Student Achievement via Excellence (SAVE)
Accountability System

 

52078.  

By July 1, 2016, the Superintendent, with the approval
of the state board, shall develop the Student Achievement via
Excellence (SAVE) accountability system for the schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, charter schools
operated pursuant to subdivision (g) of Section 47605.1, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools, including continuation high schools and opportunity
schools.

52079.  

(a) The SAVE accountability system developed
pursuant to Section 52078 shall be fully implemented beginning
with the 2016-17 school year.

(b) The SAVE accountability system shall be designed in
conformity with the requirements specified in subdivision (c), and
its purpose shall be to annually measure the positive outcome
performance of a covered school, as expressed by the school’s
SAVE score.

(c) A school’s SAVE score shall be calculated based upon three
separate categories: learning readiness, save rate, and academic
achievement. begin delete Each category shall be weighted, with learning
readiness accounting for 10 percent of the overall SAVE score,
the save rate accounting for 30 percent of the overall SAVE score,
and academic achievement accounting for 60 percent of the overall
SAVE score end delete begin insert The Superintendent shall recommend, and the state
board shall adopt, weights for each category end insert . Each weighted
category shall be measured based upon indicators specific to each
category and appropriate to the school being measured.

(1) Learning readiness indicators shall include all of the
following:

(A) Improved pupil behavior, as measured by the number of
and rate of classroom-based long-term pupils suspended or
recommended for expulsion pursuant to Article 1 (commencing
with Section 48900) of Chapter 6 of Part 27. Reductions in
classroom-based suspensions shall also be weighted positively
based on the percentage reduction.

(B) Reduction of the suspension rate below the statewide
average, as measured by the percentage of long-term pupils who
receive out-of-school suspensions.

(C) Improved pupil punctuality, as measured by the percentage
of long-term pupils who are present on time at the beginning of
the school day.

(D) Sustained daily attendance, as measured by the percentage
of classroom-based long-term pupils who are present in class and
complete their full assigned school day.

(E) Pupil persistence, as measured by the percentage of
long-term pupils considered accounted for by the annual California
Basic Educational Data System (CBEDS) Information Day.

(F) Improved attendance, as measured by the percentage of
apportionment days claimed for all long-term pupils.

(2) The save rate shall measure the effectiveness of the
educational options at a school by tracking the outcome for each
individual pupil. A pupil shall be considered saved upon enrollment
in a SAVE accountability school, and shall remain saved over the
course of his or her enrollment at the school. A pupil shall maintain
his or her saved status so long as his or her transition out of the
SAVE accountability system school is a positive outcome, as
determined by the positive outcome indicators. A pupil whose
transition out of a SAVE accountability school is not a positive
outcome, shall lose his or her saved status. A school’s save rate
shall be calculated by determining the proportion of a school’s
pupils that transition out of the school with a positive outcome.
The positive outcome indicators shall include all of the following:

(A) Attainment of a high school diploma.

(B) Continued enrollment in the same SAVE accountability
system school with progress being made toward graduation.

(C) Reenrollment in a traditional school.

(D) Attainment of a General Educational Development (GED)
credential.

(3) Academic achievement indicators shall include all of the
following:

(A) The writing, reading, and mathematic achievement measures
and instruments adopted by the state board pursuant to subdivision
(b) of Section 52052.

(B) An individual pupil growth model certified by the
Superintendent pursuant to Section 52052.3.

(C) Promotion to the next grade, as measured by the percentage
of pupils in kindergarten and grades 1 to 6, inclusive, who are
promoted to the next grade level.

(D) Actual course completion, as measured by the percentage
of courses passed by all middle school long-term pupils based on
the number of courses attempted.

(E) Actual credit completion, as measured by the percentage of
graduation credits earned, both full and partial, by all high school
long-term pupils based on the number of graduation credits
attempted.

begin insert

(F) Other indicators that may be recommended by the
Superintendent and adopted by the state board.

end insert

(d) For purposes of this section, “long-term pupil” means a pupil
enrolled at a school for 90 days or more.

(e) In addition to the indicators required by this section, the
Superintendent, with approval of the state board, may incorporate
additional indicators into a SAVE score category that are valid,
reliable, and stable measures, and consistent with the purposes of
the SAVE accountability system.

(f) The Superintendent, with the approval of the state board,
shall request that the United States Secretary of Education accept
the data collected pursuant to this section in either the next
consolidated state application accountability workbook or the next
waiver request under the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.).

begin delete

(g) The department shall, upon the next revision to the California
Longitudinal Pupil Achievement Data System, create a process
for school districts operating continuation schools to report the
following information:

(1) Total number of daily instructional minutes offered to pupils
enrolled at each continuation schoolsite.

(2) Whether pupils attending the school district’s continuation
schools are also able to access career technical education and
vocational courses.

(h)

end delete

begin insert (g) end insert  The department may adopt regulations necessary to
implement the provisions of this article.