Amended in Senate June 11, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2512

Introduced by Assembly Member Bonilla

(Principal coauthor: Senator Jackson)

February 21, 2014

An act to amend, repeal, and add Sections 52060 and 52066 of the Education Code, relating to pupil rights.

LEGISLATIVE COUNSEL’S DIGEST

AB 2512, as amended, Bonilla. Pupil rights: gender equity: begin delete after school athletic programs. end delete begin insert interscholastic athletics. end insert

Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan that includes, among other things, a description of the annual goals to be achieved for certain state priorities for all pupils and each identified subgroup of pupils, as specified. Existing law includes among the state priorities school climate, measured as specified. Existing law requires the governing board of each school district and each county board of education to update its local control and accountability begin insert plan end insert on or before July 1 of each year.

This bill, commencing January 1, 2018, would authorize a school district or county board of education to include as a measure of school climate for these purposes compliance with specified federal gender equity requirements, including, but not limited to, the total number of pupils, by gender, participating in begin delete existing after school athletic programs end delete begin insert interscholastic athletics end insert .

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

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

SECTION 1.  

Section 52060 of the Education Code is amended
to read:

52060.  

(a) On or before July 1, 2014, the governing board of
each school district shall adopt a local control and accountability
plan using a template adopted by the state board.

(b) A local control and accountability plan adopted by a
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.

(c) A local control and accountability plan adopted by a
governing board of a school district shall include, for the school
district and each school within the school district, both of the
following:

(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be
a numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.

(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.

(d) All of the following are state priorities:

(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and
fully credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair as specified in subdivision (d) of Section 17002.

(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs
and services will enable English learners to access the common
core academic content standards adopted pursuant to Section
60605.8 and the English language development standards adopted
pursuant to Section 60811.3, as that section read on June 30, 2013,
for purposes of gaining academic content knowledge and English
language proficiency.

(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the
school district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.

(4) Pupil achievement, as measured by all of the following, as
applicable:

(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.

(B) The Academic Performance Index, as described in Section
52052.

(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career technical
education sequences or programs of study that align with state
board-approved career technical educational standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section
52372.5, or paragraph (2) of subdivision (e) of Section 54692.

(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of
English proficiency, as certified by the state board.

(E) The English learner reclassification rate.

(F) The percentage of pupils who have passed an advanced
placement examination with a score of begin delete three end delete begin insert 3 end insert or higher.

(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program,
as described in Chapter 6 (commencing with Section 99300) of
Part 65 of Division 14 of Title 3, or any subsequent assessment of
college preparedness.

(5) Pupil engagement, as measured by all of the following, as
applicable:

(A) School attendance rates.

(B) Chronic absenteeism rates.

(C) Middle school dropout rates, as described in paragraph (3)
of subdivision (a) of Section 52052.1.

(D) High school dropout rates.

(E) High school graduation rates.

(6) School climate, as measured by all of the following, as
applicable:

(A) Pupil suspension rates.

(B) Pupil expulsion rates.

(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.

(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive,
of Section 51220, as applicable, including the programs and
services developed and provided to unduplicated pupils and
individuals with exceptional needs, and the program and services
that are provided to benefit these pupils as a result of the funding
received pursuant to Section 42238.02, as implemented by Section
42238.03.

(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.

(e) For purposes of the descriptions required by subdivision (c),
a governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.

(f) To the extent practicable, data reported in a local control and
accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.

(g) A governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.

(h) A school district may identify local priorities, goals in regard
to the local priorities, and the method for measuring the school
district’s progress toward achieving those goals.

(i) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

SEC. 2.  

Section 52060 is added to the Education Code, to read:

52060.  

(a) On or before July 1, 2014, the governing board of
each school district shall adopt a local control and accountability
plan using a template adopted by the state board.

(b) A local control and accountability plan adopted by a
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.

(c) A local control and accountability plan adopted by a
governing board of a school district shall include, for the school
district and each school within the school district, both of the
following:

(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be
a numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.

(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.

(d) All of the following are state priorities:

(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and
fully credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair as specified in subdivision (d) of Section 17002.

(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs
and services will enable English learners to access the common
core academic content standards adopted pursuant to Section
60605.8 and the English language development standards adopted
pursuant to Section 60811.3, as that section read on June 30, 2013,
for purposes of gaining academic content knowledge and English
language proficiency.

(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the
school district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.

(4) Pupil achievement, as measured by all of the following, as
applicable:

(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.

(B) The Academic Performance Index, as described in Section
52052.

(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career technical
education sequences or programs of study that align with state
board-approved career technical educational standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section
52372.5, or paragraph (2) of subdivision (e) of Section 54692.

(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of
English proficiency, as certified by the state board.

(E) The English learner reclassification rate.

(F) The percentage of pupils who have passed an advanced
placement examination with a score of begin delete three end delete begin insert 3 end insert or higher.

(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program,
as described in Chapter 6 (commencing with Section 99300) of
Part 65 of Division 14 of Title 3, or any subsequent assessment of
college preparedness.

(5) Pupil engagement, as measured by all of the following, as
applicable:

(A) School attendance rates.

(B) Chronic absenteeism rates.

(C) Middle school dropout rates, as described in paragraph (3)
of subdivision (a) of Section 52052.1.

(D) High school dropout rates.

(E) High school graduation rates.

(6) School climate, as measured by all of the following, as
applicable:

(A) Pupil suspension rates.

(B) Pupil expulsion rates.

(C) If the governing board of the school district chooses to
include it, compliance with the federal gender equity requirements
under Title IX of the Education Amendments of 1972 (20 U.S.C.
Sec. 1681, et seq.), including, but not limited to, the total number
of pupils, by gender, participating in begin delete existing after school athletic
programs. end delete begin insert interscholastic athletics. end insert

(D) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.

(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive,
of Section 51220, as applicable, including the programs and
services developed and provided to unduplicated pupils and
individuals with exceptional needs, and the program and services
that are provided to benefit these pupils as a result of the funding
received pursuant to Section 42238.02, as implemented by Section
42238.03.

(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.

(e) For purposes of the descriptions required by subdivision (c),
a governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.

(f) To the extent practicable, data reported in a local control and
accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.

(g) A governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.

(h) A school district may identify local priorities, goals in regard
to the local priorities, and the method for measuring the school
district’s progress toward achieving those goals.

(i) This section shall become operative on January 1, 2018.

SEC. 3.  

Section 52066 of the Education Code is amended to
read:

52066.  

(a) On or before July 1, 2014, each county
superintendent of schools shall develop, and present to the county
board of education for adoption, a local control and accountability
plan using a template adopted by the state board.

(b) A local control and accountability plan adopted by a county
board of education shall be effective for a period of three years,
and shall be updated on or before July 1 of each year.

(c) A local control and accountability plan adopted by a county
board of education shall include, for each school or program
operated by the county superintendent of schools, both of the
following:

(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d), as applicable to the pupils served, and for any additional local
priorities identified by the county board of education.

(2) A description of the specific actions the county
superintendent of schools will take during each year of the local
control and accountability plan to achieve the goals identified in
paragraph (1), including the enumeration of any specific actions
necessary for that year to correct any deficiencies in regard to the
state priorities listed in paragraph (1) of subdivision (d). The
specific actions shall not supersede the provisions of existing local
collective bargaining agreements within the jurisdiction of the
county superintendent of schools.

(d) All of the following are state priorities:

(1) The degree to which the teachers in the schools or programs
operated by the county superintendent of schools are appropriately
assigned in accordance with Section 44258.9 and fully credentialed
in the subject areas, and, for the pupils they are teaching, every
pupil in the schools or programs operated by the county
superintendent of schools has sufficient access to the
standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair as specified in subdivision (d) of Section 17002.

(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs
and services will enable English learners to access the common
core academic content standards adopted pursuant to Section
60605.8 and the English language development standards adopted
pursuant to Section 60811.3, as that section read on June 30, 2013,
for purposes of gaining academic content knowledge and English
language proficiency.

(3) Parental involvement, including efforts the county
superintendent of schools makes to seek parent input in making
decisions for each individual schoolsite and program operated by
a county superintendent of schools, and including how the county
superintendent of schools will promote parental participation in
programs for unduplicated pupils and individuals with exceptional
needs.

(4) Pupil achievement, as measured by all of the following, as
applicable:

(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.

(B) The Academic Performance Index, as described in Section
52052.

(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career technical
education sequences or programs of study that align with state
board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section
52372.5, or paragraph (2) of subdivision (e) of Section 54692.

(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of
English proficiency, as certified by the state board.

(E) The English learner reclassification rate.

(F) The percentage of pupils who have passed an advanced
placement examination with a score of begin delete three end delete begin insert 3 end insert or higher.

(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program,
as described in Chapter 6 (commencing with Section 99300) of
Part 65 of Division 14 of Title 3, or any subsequent assessment of
college preparedness.

(5) Pupil engagement, as measured by all of the following, as
applicable:

(A) School attendance rates.

(B) Chronic absenteeism rates.

(C) Middle school dropout rates, as described in paragraph (3)
of subdivision (a) of Section 52052.1.

(D) High school dropout rates.

(E) High school graduation rates.

(6) School climate, as measured by all of the following, as
applicable:

(A) Pupil suspension rates.

(B) Pupil expulsion rates.

(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.

(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive,
of Section 51220, as applicable, including the programs and
services developed and provided to unduplicated pupils and
individuals with exceptional needs, and the program and services
that are provided to benefit these pupils as a result of the funding
received pursuant to Section 42238.02, as implemented by Section
42238.03.

(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.

(9) How the county superintendent of schools will coordinate
instruction of expelled pupils pursuant to Section 48926.

(10) How the county superintendent of schools will coordinate
services for foster children, including, but not limited to, all of the
following:

(A) Working with the county child welfare agency to minimize
changes in school placement.

(B) Providing education-related information to the county child
welfare agency to assist the county child welfare agency in the
delivery of services to foster children, including, but not limited
to, educational status and progress information that is required to
be included in court reports.

(C) Responding to requests from the juvenile court for
information and working with the juvenile court to ensure the
delivery and coordination of necessary educational services.

(D) Establishing a mechanism for the efficient expeditious
transfer of health and education records and the health and
education passport.

(e) For purposes of the descriptions required by subdivision (c),
a county board of education may consider qualitative information,
including, but not limited to, findings that result from school quality
reviews conducted pursuant to subparagraph (J) of paragraph (4)
of subdivision (a) of Section 52052 or any other reviews.

(f) To the extent practicable, data reported in a local control and
accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.

(g) The county superintendent of schools shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the county office of education, parents, and
pupils in developing a local control and accountability plan.

(h) A county board of education may identify local priorities,
goals in regard to the local priorities, and the method for measuring
the county office of education’s progress toward achieving those
goals.

(i) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

SEC. 4.  

Section 52066 is added to the Education Code, to read:

52066.  

(a) On or before July 1, 2014, each county
superintendent of schools shall develop, and present to the county
board of education for adoption, a local control and accountability
plan using a template adopted by the state board.

(b) A local control and accountability plan adopted by a county
board of education shall be effective for a period of three years,
and shall be updated on or before July 1 of each year.

(c) A local control and accountability plan adopted by a county
board of education shall include, for each school or program
operated by the county superintendent of schools, both of the
following:

(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d), as applicable to the pupils served, and for any additional local
priorities identified by the county board of education.

(2) A description of the specific actions the county
superintendent of schools will take during each year of the local
control and accountability plan to achieve the goals identified in
paragraph (1), including the enumeration of any specific actions
necessary for that year to correct any deficiencies in regard to the
state priorities listed in paragraph (1) of subdivision (d). The
specific actions shall not supersede the provisions of existing local
collective bargaining agreements within the jurisdiction of the
county superintendent of schools.

(d) All of the following are state priorities:

(1) The degree to which the teachers in the schools or programs
operated by the county superintendent of schools are appropriately
assigned in accordance with Section 44258.9 and fully credentialed
in the subject areas, and, for the pupils they are teaching, every
pupil in the schools or programs operated by the county
superintendent of schools has sufficient access to the
standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair as specified in subdivision (d) of Section 17002.

(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs
and services will enable English learners to access the common
core academic content standards adopted pursuant to Section
60605.8 and the English language development standards adopted
pursuant to Section 60811.3, as that section read on June 30, 2013,
for purposes of gaining academic content knowledge and English
language proficiency.

(3) Parental involvement, including efforts the county
superintendent of schools makes to seek parent input in making
decisions for each individual schoolsite and program operated by
a county superintendent of schools, and including how the county
superintendent of schools will promote parental participation in
programs for unduplicated pupils and individuals with exceptional
needs.

(4) Pupil achievement, as measured by all of the following, as
applicable:

(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.

(B) The Academic Performance Index, as described in Section
52052.

(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career technical
education sequences or programs of study that align with state
board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section
52372.5, or paragraph (2) of subdivision (e) of Section 54692.

(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of
English proficiency, as certified by the state board.

(E) The English learner reclassification rate.

(F) The percentage of pupils who have passed an advanced
placement examination with a score of begin delete three end delete begin insert 3 end insert or higher.

(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program,
as described in Chapter 6 (commencing with Section 99300) of
Part 65 of Division 14 of Title 3, or any subsequent assessment of
college preparedness.

(5) Pupil engagement, as measured by all of the following, as
applicable:

(A) School attendance rates.

(B) Chronic absenteeism rates.

(C) Middle school dropout rates, as described in paragraph (3)
of subdivision (a) of Section 52052.1.

(D) High school dropout rates.

(E) High school graduation rates.

(6) School climate, as measured by all of the following, as
applicable:

(A) Pupil suspension rates.

(B) Pupil expulsion rates.

(C) If the county board of education chooses to include it,
compliance with the federal gender equity requirements under
Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.
1681, et seq.), including, but not limited to, the total number of
pupils, by gender, participating in begin delete existing after school athletic
programs. end delete begin insert interscholastic athletics. end insert

(D) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.

(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive,
of Section 51220, as applicable, including the programs and
services developed and provided to unduplicated pupils and
individuals with exceptional needs, and the program and services
that are provided to benefit these pupils as a result of the funding
received pursuant to Section 42238.02, as implemented by Section
42238.03.

(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.

(9) How the county superintendent of schools will coordinate
instruction of expelled pupils pursuant to Section 48926.

(10) How the county superintendent of schools will coordinate
services for foster children, including, but not limited to, all of the
following:

(A) Working with the county child welfare agency to minimize
changes in school placement.

(B) Providing education-related information to the county child
welfare agency to assist the county child welfare agency in the
delivery of services to foster children, including, but not limited
to, educational status and progress information that is required to
be included in court reports.

(C) Responding to requests from the juvenile court for
information and working with the juvenile court to ensure the
delivery and coordination of necessary educational services.

(D) Establishing a mechanism for the efficient expeditious
transfer of health and education records and the health and
education passport.

(e) For purposes of the descriptions required by subdivision (c),
a county board of education may consider qualitative information,
including, but not limited to, findings that result from school quality
reviews conducted pursuant to subparagraph (J) of paragraph (4)
of subdivision (a) of Section 52052 or any other reviews.

(f) To the extent practicable, data reported in a local control and
accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.

(g) The county superintendent of schools shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the county office of education, parents, and
pupils in developing a local control and accountability plan.

(h) A county board of education may identify local priorities,
goals in regard to the local priorities, and the method for measuring
the county office of education’s progress toward achieving those
goals.

(i) This section shall become operative on January 1, 2018.