Bill Text: CA AB976 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public schools: alternative education: accountability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB976 Detail]

Download: California-2009-AB976-Amended.html

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BILL NUMBER: AB 976	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 26, 2009

   An act to amend  Sections 51745 and 52052  
Section 51745  of the Education Code, relating to public
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 976, as amended, Arambula. Public schools: alternative
education: accountability.
   (1) Existing law authorizes a school district or county office of
education to offer independent study to meet the educational needs of
certain pupils, including pupils taking part in alternative
education programs.
   This bill would require a school district, prior to referring a
pupil to independent study pursuant to an alternative education
program, to provide the pupil and his or her parent or guardian with
a listing of all other alternative education options, and to utilize
independent study only as a last resort, except as specified. The
bill would prohibit a school district or county office of education
from offering independent study to a pupil if the school district or
county office of education determines that the pupil is performing
below state standards  , unless the pupil is employed, is
pregnant or   parenting, or   is obliged  
to be off campus for his or her physical safety or due to a medical
or psychological condition  . The bill would authorize  the
State Department of Education to prohibit a school district or county
office of education from continuing to enroll a pupil in independent
study if the pupil performs below average state standards for his or
her grade level and does not make significant progress. Because this
bill would  require school districts and county offices of
education to comply with additional requirements before referring a
pupil to independent study, the bill would impose a state-mandated
local program. 
   (2) Existing law requires the Superintendent of Public Instruction
to develop an Academic Performance Index (API) to measure school and
pupil performance, and also requires the Superintendent, with the
approval of the State Board of Education, 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 and opportunity schools. Existing law
authorizes schools in the alternative accountability system to
receive an API score, but prohibits them from being included in the
API rankings. Existing law establishes the Immediate
Intervention/Underperforming Schools Program, and requires the
Superintendent to invite schools that failed to meet their API growth
targets and that have an API score below the 50th percentile in the
previous school year, as specified, to participate in the program.
 
   This bill would include independent study as a school for purposes
of the alternative accountability system. The bill would require
that schools in the alternative accountability system receive an API
score and be included in the API rankings. The bill would require
that qualifying schools be eligible for the Immediate
Intervention/Underperforming Schools Program. In addition, the bill
would require school districts and county offices of education
participating in the alternative accountability system to report on
specified achievement indicators to the Department of Education. The
bill would require the department to create a statewide standard for
granting credit to pupils attending alternative education programs.
 
   (3) 
    (2)  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 51745 of the Education Code is amended to read:

   51745.  (a) Commencing with the 1990-91 school year, the governing
board of a school district or a county office of education may offer
independent study to meet the educational needs of pupils in
accordance with the requirements of this article. Educational
opportunities offered through independent study may include, but
shall not be limited to, the following:
   (1) Special assignments extending the content of regular courses
of instruction.
   (2) Individualized study in a particular area of interest or in a
subject not currently available in the regular school curriculum.
   (3) Individualized alternative education designed to teach the
knowledge and skills of the core curriculum. Independent study shall
not be provided as an alternative curriculum.
   (4) Continuing and special study during travel.
   (5) Volunteer community service activities that support and
strengthen pupil achievement.
   (b) Not more than 10 percent of the pupils participating in an
opportunity school or program, or a continuation high school,
calculated as specified by the department, shall be eligible for
apportionment credit for independent study pursuant to this article.
A pupil who is pregnant or is a parent who is the primary caregiver
for one or more of his or her children shall not be counted within
the 10 percent cap.
   (c) No individual with exceptional needs, as defined in Section
56026, may participate in independent study, unless his or her
individualized education program developed pursuant to Article 3
(commencing with Section 56340) of Chapter 4 of Part 30 specifically
provides for that participation.
   (d) No temporarily disabled pupil may receive individual
instruction pursuant to Section 48206.3 through independent study.
   (e) No course included among the courses required for high school
graduation under Section 51225.3 shall be offered exclusively through
independent study.
   (f) A school district or county office of education shall not
enroll a pupil in independent study if the school district or county
office of education determines that the pupil is performing below
average state standards.  An exception to the requirements of
this subdivision may be made for any of the following:  
   (1) A pupil who is employed.  
   (2) A pupil who is pregnant or is a parent and is caring for a
child or children.  
   (3) A pupil who is obliged to be off campus for his or her
physical safety.  
   (4) A pupil who is obliged to be off campus due to a medical or
psychological condition. 
   (g) When a school district refers a pupil to an alternative
education program, independent study shall not be the primary
referral alternative. The school district shall provide the pupil and
his or her parent or guardian with a listing of all alternative
education options, as well as a description of the requirements the
pupil must fulfill in order to return to his or her school of origin.
If the only appropriate alternative for the pupil is independent
study, a statement declining all other options shall be signed by the
pupil, his or her parent or guardian, and a school official. 
   (h) The department may prohibit a school district or county office
of education from continuing to enroll a pupil in independent study
if the pupil performs below average state standards for his or her
grade level and does not make significant progress.  
  SEC. 2.   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, especially the academic performance of
pupils.
   (2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
   (A) Ethnic subgroups.
   (B) Socioeconomically disadvantaged pupils.
   (C) English language learners.
   (D) Pupils with disabilities.
   (3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
   (i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
   (ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
   (B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
   (C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the state board.
   (4) 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.
   (A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
   (i) 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, divided 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 prior to 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 prior to 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 prior to
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.
   (B) 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 language 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. Results of the
achievement test and other tests specified in subdivision (b) shall
constitute at least 60 percent of the value of the index.
   (C) Before including high school graduation rates and attendance
rates in the API, the Superintendent shall determine the extent to
which the data currently are reported to the state and the accuracy
of the data. Notwithstanding any other provision of 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.
   (D) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant subgroups scoring below average on statewide
standards-aligned assessments. In addition, the data shall be made
available in a manner that provides for comparisons of a minimum of
three years of data.
   (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. When the API is fully
developed, schools, at a minimum, shall meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The state board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
   (e) The API shall be used for both of the following:
   (1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
   (2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
   (f) (1) A school 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 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 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 are not
representative of the pupil population at the school.
   (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.
   (3) If a school 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.
   (g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
   (h) The Superintendent, with the approval of the state board,
shall 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 pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools.Independent study shall be considered a
school for purposes of the accountability system. Schools in the
alternative accountability system shall receive an API score, and
shall be included in the API rankings. Notwithstanding any other law,
schools in the alternative accountability system that qualify for
the Immediate Intervention/Underperforming Schools Program as set
forth in Article 3 (commencing with Section 52053) of this chapter
are eligible for the program.
   (1) To ensure that pupil outcomes are comparable statewide, school
districts and county offices of education shall report the following
indicators to the department:
   (A) Writing achievement.
   (B) Reading achievement.
   (C) Mathematics achievement.
   (D) High school graduation or general education development
completion.
   (E) Three additional performance indicators chosen by the school
district or county office of education from a list approved by the
Superintendent.
   (2) The department shall create a statewide standard for granting
credit to pupils attending alternative education programs. A school
district or county office of education shall not develop or impose
its own standard. 
   SEC. 3.  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.