California Legislature—2013–14 Regular Session

Assembly BillNo. 2518


Introduced by Assembly Member Dababneh

February 21, 2014


An act to amend Section 53300 of the Education Code, relating to school intervention.

LEGISLATIVE COUNSEL’S DIGEST

AB 2518, as introduced, Dababneh. School intervention: parent empowerment.

Existing law requires a local educational agency to implement one of several specified interventions for a school not identified as a persistently lowest-achieving school that, after one full school year, is subject to corrective action and fails to meet specified criteria and has a specified percentage of parents and legal guardians of pupils sign a petition requesting the local educational agency to implement at least one of 5 specified interventions. Existing law requires a local educational agency to implement the intervention option requested by the petition unless the local educational agency makes a specified finding in a regularly scheduled public hearing.

This bill would specify that if the intervention identified in the petition is the restart model, as specified, and the petitioners opt to solicit charter school or educational management organization proposals for the selection of a specific charter school or educational management organization operator, then all parents and legal guardians of pupils attending the school have the right to participate in the selection of the charter school or educational management organization operator, regardless of whether they signed the petition. The bill would also make nonsubstantive changes by updating cross-references. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

P2    1

SECTION 1.  

Section 53300 of the Education Code is amended
2to read:

3

53300.  

begin insert(a)end insertbegin insertend insertFor any school not identified as a persistently
4lowest-achieving school under Section 53201begin delete which,end deletebegin insert that,end insert after
5one full school year, is subject to corrective action pursuant to
6begin delete paragraph (7) ofend delete Sectionbegin delete 1116(b)end deletebegin insert 6316(b)(7)end insert of the federal
7Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
8etbegin delete seq.)end deletebegin insert seq.),end insert and continues to fail to make adequate yearly
9progress, and has an Academic Performance Index score of less
10than 800, and where at least one-half of the parents or legal
11guardians of pupils attending the school, or a combination of at
12least one-half of the parents or legal guardians of pupils attending
13the school and the elementary or middle schools that normally
14matriculate into a middle or high school, as applicable, sign a
15petition requesting the local educational agency to implement one
16or more of the four interventions identified pursuant to paragraphs
17(1) to (4),begin delete inclusiveend deletebegin insert inclusive,end insert of subdivision (a) of Section 53202
18or the federally mandated alternative governance arrangement
19pursuant to Sectionbegin delete 1116(b)(8)(B)(v)end deletebegin insert 6316(b)(8)(B)(v)end insert of the
20federal Elementary and Secondary Education Act (20 U.S.C. Sec.
216301 et seq.), the local educational agency shall implement the
22option requested by the parents unless, in a regularly scheduled
23public hearing, the local educational agency makes a finding in
24writing stating the reason it cannot implement the specific
25recommended option and instead designates in writing which of
26the other options described in this section it will implement in the
P3    1subsequent school year consistent with requirements specified in
2federal regulations and guidelines for schools subject to
3restructuring under Sectionbegin delete 1116(b)(8)end deletebegin insert 6316(b)(8)end insert of the federal
4Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
5et seq.) and regulations and guidelines for the four interventions.

begin insert

6(b) If the intervention identified in the petition is the restart
7model, as specified in paragraph (2) of subdivision (a) of Section
853202, and the petitioners opt to solicit charter school or
9educational management organization proposals for the selection
10of a specific charter school or educational management
11organization operator, all parents and legal guardians of pupils
12attending the school, regardless of whether they signed the petition,
13shall have the right to participate in the selection of the charter
14school or educational management organization operator,
15including the right to vote on the intervention proposals.

end insert
16

SEC. 2.  

If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.



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