Bill Text: CA AB173 | 2009-2010 | Regular Session | Amended


Bill Title: Low-performing schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB173 Detail]

Download: California-2009-AB173-Amended.html
BILL NUMBER: AB 173	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Price

                        JANUARY 29, 2009

    An act relating to education.   An act to
add Sections 52050.7 and 52052.3 to the Education Code, relating to
school accountability. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 173, as amended, Price. Low-performing schools. 
   The Public Schools Accountability Act of 1999 requires the
Superintendent of Public Instruction, with the approval of the State
Board of Education, to develop the Academic Performance Index (API)
consisting of a variety of indicators currently reported to the State
Department of Education to track the achievement of schools and
their pupils. Existing law requires the API to be used for specified
purposes, including, but not limited to, ranking all public schools
in the state. The Immediate Intervention/Underperforming Schools
Program, the High Priority Schools Program, and the Quality Education
Investment Act of 2006 are intended to provide support to schools
ranked in the lower deciles of the API.  
   The federal No Child Left Behind Act of 2001 requires the state
accountability system to ensure that all local educational agencies
and public schools make adequate yearly progress, as defined. The
State Department of Education is required to identify local
educational agencies that are in danger of being identified within 2
years as program improvement local educational agencies under the
federal No Child Left Behind Act of 2001.  
   This bill, subject to an appropriation of federal funds for this
purpose, would require the State Department of Education to contract
for the development of a new indicator that measures pupil-level
growth in academic achievement over time using specified statewide
tests. The new indicator would be required to allow the state to
comply with the federal No Child Left Behind Act of 2001 and to
measure adequate yearly progress under that act.  
    The department would be required to convene an advisory board
consisting of representatives from the state board, the Secretary for
Education, the Department of Finance, the Legislative Analyst's
Office, parent groups, school districts, and education researchers to
provide general guidance and make recommendations relative to
modifying assessments, academic content standards, performance
expectations, and eligibility criteria for state support and
resources.  
   The bill would require the department, subject to funding being
provided in the annual Budget Act, to contract with a consultant for
independent oversight of the project to develop a new academic
performance indicator. The consultant would be required to twice
annually submit a written report on the progress in developing of the
new measure and how the new measure is meeting specified goals to
the Superintendent of Public Instruction, the state board, the
advisory board, the Director of Finance, the Legislative Analyst, and
the appropriate policy and fiscal committees of the Legislature.
 
   Existing law contains provisions intended to identify and assist
low-performing schools and school districts.  
   This bill would state the intent of the Legislature to enact
legislation to create, and to appropriate funds for, a commission
tasked with identifying the necessary and appropriate steps toward
creation of a measure of pupil learning over time, expectations for
pupil performance based upon that measure, and nuanced eligibility
criteria for schools and school districts to enter into program
improvement, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 52050.7 is added to the 
 Education Code  , to read:  
   52050.7.  (a) It is the intent of the Legislature to adopt a new
academic performance indicator that does all of the following:
   (1) Measures pupil-level growth in achievement over time.
   (2) Replaces the Academic Performance Index developed pursuant to
Section 52052.
   (3) Serves state accountability functions.
   (4) Complies with requirements under the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) regarding measuring
adequate yearly progress.
   (b) It is also the intent of the Legislature that the new
performance indicator be ready for implementation by the 2015-16
fiscal year. 
   SEC. 2.    Section 52052.3 is added to the  
Education Code   , to read:  
   52052.3.  (a) Subject to an appropriation of federal funds for
this purpose, the department shall contract for the development of a
new indicator that accomplishes both of the following:
   (1) Measures pupil-level growth in academic achievement over time
using the tests administered pursuant to Chapter 5 (commencing with
Section 60600), Chapter 7 (commencing with Section 60810), and
Chapter 9 (commencing with Section 60850).
   (2) Evaluates and determines the most effective way to modify
existing standardized tests to allow the new indicator to measure
pupil-level growth over time.
   (b) The new indicator developed pursuant to subdivision (a) shall
allow the state to comply with the federal No Child Left Behind Act
of 2001 (20 U.S.C. Sec. 6301 et seq.) and to measure adequate yearly
progress under that act.
   (c) The new indicator developed pursuant to subdivision (a) shall
be used to accomplish all of the following goals:
   (1) Serve state accountability functions and be used to measure
adequate yearly progress for purposes of complying with the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
   (2) Allow the state to make the assurances required by the federal
American Recovery and Reinvestment Act (Public Law 111-5) by
providing the state with a better means of evaluating the academic
progress of pupils over time.
   (3) Identify schools for program improvement pursuant to the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
   (4) Distinguish among low-performing schools and local educational
agencies to identify those schools that increase pupil learning
above past performance levels and in this way allow for better
targeting state resources and support at schools most in need of
improvement.
   (5) Streamline eligibility criteria for state resources and
support for schools and local educational agencies in need of
improvement.
   (d) The department shall convene an advisory board consisting of
representatives from the state board, the Secretary for Education,
the Department of Finance, the Legislative Analyst's Office, parent
groups, school districts, and education researchers to provide
general guidance and make recommendations relative to modifying
assessments, academic content standards, performance expectations,
and eligibility criteria for state support and resources. The
department is encouraged to seek representation broadly reflective of
the general public of California.
   (e) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
oversight of the project to develop a new academic performance
indicator. Before the department enters into a contract pursuant to
this subdivision, the Director of Finance shall review the request
for proposals for the contract. The consultant with whom the
department contracts shall twice annually submit a written report to
the Superintendent, the state board, the advisory board, the Director
of Finance, the Legislative Analyst, and the appropriate policy and
fiscal committees of the Legislature. The report shall include an
evaluation of the progress in developing the new measure and how the
new measure is meeting the goals described in subdivision (c).
   (f) This section shall be implemented using federal funds received
pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.). The release of these funds is contingent on
approval of an expenditure plan by the Department of Finance. 

  SECTION 1.    (a) It is the intent of the
Legislature to enact legislation to create a commission that will
identify the necessary and appropriate steps toward creation of all
of the following:
   (1) A measure of pupil learning over time that unifies the
Academic Performance Index (API) and federal adequate yearly progress
data and calculations, and allows the state to qualify for
flexibility under the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).
   (2) Expectations for pupil performance based upon the measure
created pursuant to subdivision (a).
   (3) Eligibility criteria for schools and school districts to enter
into program improvement that are nuanced enough to distinguish
among schools and school districts based upon specified pupil
performance problems.
   (b) It is further the intent of the Legislature to enact
legislation to appropriate funds for the commission described in
subdivision (a). 
                      
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