BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1573
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          Date of Hearing:   April 30, 2014

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                 AB 1573 (Jones-Sawyer) - As Amended:  April 2, 2014
           
          SUBJECT  :   Alternative schools:  Student Achievement via  
          Excellence accountability

           SUMMARY  :   Requires the Superintendent of Public Instruction  
          (SPI), with the approval of the state board of education (SBE),  
          to develop, by July 1, 2016, 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, specified  
          charter schools, nonpublic/nonsectarian schools providing  
          special education, continuation high school, opportunity  
          schools, and other alternative schools.   Specifically,  this  
          bill  :  

          1)Contains findings and declarations regarding the value of  
            alternative high schools, the challenges they face, and the  
            need for an alternative assessment mechanism that measures the  
            individual growth in pupils that can be administered at the  
            school level when pupils are available.

          2)Requires the SPI to develop SAVE for the following types of  
            schools:

             a)   Schools under the jurisdiction of a county board of  
               education or a county superintendent of schools;
             b)   Community day schools;
             c)   Charter schools providing instruction exclusively in  
               partnership with the federal Workforce Investment Act,  
               federally affiliated Youth Build programs, and the  
               California Conservation Corps (CCC) or local conservation  
               corps certified by the CCC; and charter schools that  
               provide instruction to juvenile court school pupils;
             d)   Nonpublic, nonsectarian schools providing special  
               education; and
             e)   Alternative schools, including continuation high schools  
               and opportunity schools.

          3)Requires SAVE to be fully implemented beginning with the  
            2016-17 school year.








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          4)States that the purpose of SAVE is to annually measure the  
            positive outcome performance of a covered school, as expressed  
            by the SAVE score.

          5)Requires a school's SAVE score to be based on three  
            categories:  learning readiness (10% of the total), save rate  
            (30% of the total), and academic achievement (60% of the  
            total).

          6)Requires each category to be measured based upon indicators  
            specific to the category and appropriate to the school being  
            measured.

          7)Requires learning readiness indicators to 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.  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; and
             f)   Improved attendance, as measured by the percentage of  
               apportionment days claimed for all long-term pupils.

          8)Provides that 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 as long  








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            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.

          9)Provides that positive outcomes 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; and
             d)   Attainment of a General Educational Development (GED)  
               credential.

          10)Provides that academic achievement indicators shall include  
            all of the following:

             a)   The writing, reading, and mathematic achievement  
               measures and instruments adopted by the SBE;
             b)   An individual pupil growth model certified by the SPI;
             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; and
             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.

          11)Defines "long term pupil" as a pupil enrolled at a school for  
            90 days or more.

          12)Authorizes the SPI, with the approval of the SBE, to  
            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.

          13)Requires the California Department of Education (CDE), upon  
            the next revision to the California Longitudinal Pupil  








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            Achievement Data System (CALPADS), to create a process for  
            school districts operating continuation schools to report the  
            following information:

             a)   Total number of daily instructional minutes offered to  
               pupils enrolled at each continuation schoolsite; and 
             b)   Whether pupils attending the school district's  
               continuation schools are also able to access career  
               technical education and vocational courses. 

          14)Authorizes the CDE to adopt regulations necessary to  
            implement these provisions.

           EXISTING LAW  requires the SPI, with the approval of the SBE, to  
          develop an alternative accountability system (ASAM) for schools  
          under the jurisdiction of a county board of education or a  
          county superintendent of schools, community day schools,  
          specified charter schools, nonpublic/nonsectarian schools  
          providing special education, continuation high school,  
          opportunity schools, and other alternative schools.  Existing  
          law provides that ASAM schools may receive an Academic  
          Performance Index (API) score, but shall not be included in the  
          API rankings.

           FISCAL EFFECT  :   Unknown


           COMMENTS  :   The current accountability model for alternative  
          schools, ASAM, was developed following the passage of the 1999  
          Public Schools Accountability Act (PSAA).  Participation in the  
          ASAM is voluntary. ASAM schools include community day schools,  
          continuation schools, county community schools, county court  
          schools, Division of Juvenile Justice (formerly California Youth  
          Authority) schools, opportunity schools, and alternative schools  
          of choice and charter schools that meet SBE criteria.


          Approximately 1,000 schools participate in the ASAM with an  
          estimated enrollment of approximately 115,000 students. Because  
          these schools serve highly mobile student populations, the  
          actual number of students served by these 1,000 schools is more  
          than twice the census day enrollment count.


          In July 2000, the SBE approved the framework for the alternative  








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          accountability system developed by the PSAA Advisory Committee.  
          Based on that framework, the resulting ASAM included  
          SBE-approved performance measures that assessed a school's  
          ability to serve high-risk students. From 2001-02 to 2008-09,  
          schools participating in the ASAM selected three of fifteen  
          indicators, and those three indicators comprised their  
          school-level ASAM report. The ASAM school-level reports were  
          publicly posted each year on the CDE web page.  The 15  
          indicators include academic and non-academic indicators.   
          Non-academic indicators include measures of student behavior,  
          suspension, punctuality, attendance, and persistence.  In  
          addition to test scores, academic indicators include  
          course/credit completion, grade promotion, high school  
          graduation, and GED completion.


          In 2008 the SBE approved a conceptual framework for redesigning  
          ASAM.  A goal was to develop a more rigorous system that was  
          academically centered and placed greater emphasis on statewide  
          assessment indicators.  In addition, another goal was to require  
          all schools to use the same indicators, instead of selecting  
          three from a list of 15, in order to create consistency across  
          schools and allow for inter-school comparisons.


          The framework called for ASAM to incorporate three types of  
          indicators:

           Learning Readiness Indicators - The Learning Readiness  
            Indicators would provide a measure of student engagement  
            (short-term) and preparedness to benefit from school-based  
            instruction. Given the nature of the student population served  
            by ASAM schools, a primary purpose of these schools is to  
            promote learning readiness, improve behavior, and ensure  
            student safety and attendance.


           Academic Achievement Indicators - The Academic Achievement  
            Indicators would provide a measure of student achievement  
            (status) and academic progress (growth). The primary proposed  
            academic achievement indicators are the English-language arts  
            (ELA) and mathematics components of the CAHSEE at the high  
            school level and the STAR grade-specific tests at the  
            elementary and middle school levels.









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           Transition Indicators - The Transition Indicators would  
            provide a measure of whether a student graduated or remained  
            in school. Successful transition would include graduation,  
            re-enrollment at a traditional or other alternative school, or  
            continued enrollment at the student's current school.

          The framework responded, in part, to a 2007 report by the  
          Legislation Analyst's Office (LAO) that concluded that ASAM  
          fails to provide accountability because:


                 Most indicators do not measure academic performance.

                 The ability of schools to choose measures thwarts school  
               comparisons.


                 Some indicators are not comparable across districts.


                 Less than half of alternative school students are "long  
               term," so most are unaccounted for in the evaluation  
               system.


                 School performance on chosen indicators is  
               self-reported.


                 There are no consequences for poor performance.


          In 2010 Governor Schwarzenegger vetoed the Budget Act  
          appropriation for ASAM-related data collection and reporting and  
          for identifying and disseminating best practices of alternative  
          schools.  As a result, work on the revised ASAM ceased.  Since  
          then, ASAM schools have been held accountable under the Academic  
          Performance Index (API) and receive growth targets as all other  
          schools.  (During the transition to the Smarter Balanced  
          assessment, the calculation of the API has been suspended for  
          one year.)  ASAM schools do not receive API ranks and are no  
          longer required to collect and report data to the California  
          Department of Education on ASAM performance measures as required  
          in previous years.   Under federal requirements, ASAM schools  








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          must meet the same Adequate Yearly Progress (AYP) criteria as  
          all other schools. As for all schools, ASAM schools may be  
          identified for Program Improvement (PI) if the school misses AYP  
          for two consecutive years.


           This bill  is based on the framework adopted by the SBE in 2008  
          and requires ASAM to be comprised of three categories:  learning  
          readiness (10% of the total), academic achievement (60% of the  
          total), and save rate (30% of the total), which is comparable to  
          the transition category adopted by the board.  Whereas ASAM is  
          voluntary,  this bill  requires SAVE for all alternative education  
          programs, beginning the 2016-17 school year.  The primary focus  
          of this bill is continuation schools and opportunity  
          schools/programs.  


           Continuation schools.   Continuation education is an alternative  
          high school diploma program. It is for students who are sixteen  
          years of age or older, have not graduated from high school, are  
          still required to attend school, and who are at risk of not  
          graduating.


          Many students in continuation education are behind in high  
          school credits. Others may need a flexible school schedule  
          because they have jobs outside of school. Some students choose  
          continuation education because of family needs or other  
          circumstances.


          Students who attend continuation high schools must spend at  
          least 15 hours per week or three hours per day at school. They  
          take courses that are required for graduation and receive  
          guidance and career counseling. Some programs offer independent  
          study, job-placement services, and concurrent enrollment in  
          community college.


           Opportunity schools.   Opportunity education schools, classes,  
          and programs are established to provide additional support for  
          students who are habitually truant from instruction, irregular  
          in attendance, insubordinate, disorderly while in attendance, or  
          unsuccessful academically.









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          Districts or county offices of education may operate opportunity  
          education for students in grades one through twelve. However,  
          the Pupil Retention Block Grant, established by AB 825  
          (Firebaugh, Chapter 871, Statutes of 2004) repealed the  
          authority for school districts to establish new opportunity  
          education.


          Opportunity education schools, classes, and programs provide a  
          supportive environment with specialized curriculum, instruction,  
          guidance and counseling, psychological services, and tutorial  
          assistance to help students overcome barriers to learning.  
          Opportunity education should not be viewed as a holding place  
          for resistant learners, but as an intervention to ensure student  
          success. It provides comprehensive academic programs that  
          facilitate positive self-esteem, confidence, resilience and  
          personal growth with the goal of helping students return to  
          traditional classes and programs for grades one through twelve. 

           
          Recommended amendments  .  Many of the elements for SAVE have  
          already been approved by the SBE; however that action took place  
          before the adoption of the common core state standards.   
          Therefore, staff recommends that the bill be amended to  
          authorize the SPI and the SBE to include additional academic  
          achievement indicators if needed.  In addition, the alternative  
          accountability system adopted by the SBE did not include the  
          weights that this bill includes.  In order to ensure that the  
          weights reflect the best professional judgment, staff recommends  
          that the bill be amended to delete the weights and instead  
          require that they be recommended by the SPI and adopted by the  
          SBE.  

          Finally, staff recommends that the bill be amended to delete the  
          requirement that additional information be added to CALPADS.   
          The first new element is the total number of daily instructional  
          minutes offered to pupils enrolled at each continuation school  
          and whether pupils attending the school district's continuation  
          schools are also able to access career technical education and  
          vocational courses.  The instructional minutes requirement  
          reflects the author's concern that too many continuation schools  
          offer only the minimum required number of instructional minutes  
          per day (180 minutes).  However, after completing the minimum  
          day, some continuation school pupils continue instruction  








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          through independent study or at another location, such as a  
          regional occupational center.  Reporting only the minutes at the  
          school would not capture any additional instructional time.  If  
          this information is important, it can be obtained simply by  
          asking the continuation schools to provide it, and does not need  
          to become a permanent part of CALPADS.  The second new element  
          is whether continuation school pupils have access to career  
          technical education and vocational courses.  It is not clear  
          what "able to access" means or how it could be coded for CALPADS  
          purposes.  
           
          Arguments in support.   According to the author's office  
          alternative schools have not had a fair and robust  
          accountability system for the past 15 years, and existing  
          accountability models are not sufficient to determine whether  
          students are making progress.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None received

           Opposition 
           
          None received
           
          Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087