Bill Text: CA AB734 | 2015-2016 | Regular Session | Amended


Bill Title: School intervention: parent empowerment: petition appeal.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB734 Detail]

Download: California-2015-AB734-Amended.html
BILL NUMBER: AB 734	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2015

INTRODUCED BY   Assembly Member Kim
    (   Principal coauthor:   Senator 
 Huff   ) 

                        FEBRUARY 25, 2015

   An act to  amend Section 53300 of   add
Section 53304 to  the Education Code, relating to school
intervention.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 734, as amended, Kim. School intervention: parent 
empowerment.   empowerment: petition appeal. 
   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, as specified, 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 agency makes a specified finding in a regularly scheduled public
hearing. 
   This bill would apply these petition provisions to schools
identified as persistently lowest-achieving schools, and to schools
ranked in deciles 1 to 3, inclusive, on the Academic Performance
Index. The bill would make nonsubstantive changes by updating
cross-references and reorganizing language. By imposing additional
duties on school districts, the bill would impose a state-mandated
local program.  
   If a local educational agency receives a petition and does not
implement the option requested in the petition in its final
disposition of the petition, this bill would authorize the
petitioners to appeal the final disposition to the county board of
education. The bill would authorize the county board of education to
approve the appeal if it finds that the local educational agency
acted in violation of specified requirements or did not act in good
faith. If the county board of education approves the appeal, the bill
would require the local educational agency to implement the option
requested in the petition. To the extent that these provisions impose
additional duties on a county board of education or a local
educational agency, 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:
   
  SECTION 1.    Section 53300 of the Education Code
is amended to read:
   53300.  (a) A petition may be submitted to a local educational
agency requesting the agency to implement one or more of the four
interventions identified pursuant to paragraphs (1) to (4),
inclusive, of subdivision (a) of Section 53202 or the federally
mandated alternative governance arrangement pursuant to Section 6316
(b)(8)(B)(v) of the federal Elementary and Secondary Education Act
(20 U.S.C. Sec. 6301 et seq.), if both of the following criteria are
satisfied:
   (1) At least one-half of the parents or legal guardians of pupils
attending the school, or a combination of at least one-half of the
parents or legal guardians of pupils attending the school and the
elementary or middle schools that normally matriculate into the
middle or high school, as applicable, sign the petition.
   (2) The school meets one or both of the following requirements:
   (A) The school, after one full school year, is subject to
corrective action pursuant to Section 6316(b)(7) of the federal
Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.),
continues to fail to make adequate yearly progress, and has an
Academic Performance Index (API) score of less than 800.
   (B) The school is ranked in any of deciles 1 to 3, inclusive, on
the API.
   (b) A local educational agency that receives a petition pursuant
to subdivision (a) shall implement the option requested in the
petition unless, in a regularly scheduled public hearing, the local
educational agency makes a finding in writing stating the reason it
cannot implement the specific requested option and instead designates
in writing which of the other options described in this section it
will implement in the subsequent school year consistent with
requirements specified in federal regulations and guidelines for
schools subject to restructuring under Section 6316(b)(8) of the
federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
et seq.) and regulations and guidelines for the four interventions.

   SECTION 1.    Section 53304 is added to the 
 Education Code   , to read:  
   53304.  (a) If a local educational agency receives a petition
pursuant to Section 53300 and does not implement the option requested
in the petition in its final disposition of the petition, the
petitioners may appeal the final disposition of the petition to the
county board of education.
   (b) The county board of education may approve the appeal if it
finds that the local educational agency acted in violation of any
requirement of this article or Chapter 5.2.5 (commencing with Section
4800) of Division 1 of Title 5 of the California Code of
Regulations, or did not act in good faith. If the county board of
education approves the appeal, the local educational agency shall
implement the option requested in the petition. 
  SEC. 2.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
    
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