BILL NUMBER: AB 2083	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 5, 2010
	PASSED THE ASSEMBLY  MAY 13, 2010
	AMENDED IN ASSEMBLY  APRIL 15, 2010

INTRODUCED BY   Committee on Education (Brownley (Chair), Arambula,
Buchanan, Carter, Eng, Solorio, and Torlakson)

                        FEBRUARY 18, 2010

   An act to amend Section 53201 of the Education Code, relating to
school accountability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2083, Committee on Education. School accountability.
   Existing law requires the Superintendent of Public Instruction and
the State Board of Education to establish a list of low-achieving
schools and persistently lowest-achieving schools, as defined. In
identifying the persistently lowest-achieving schools, the
Superintendent and state board are required to identify schools
according to specified criteria, including, but not limited to, a
criterion relating to a school's graduation rate.
   This bill, for the criterion relating to a school's graduation
rate, would provide that until data becomes available to enable the
calculation of this graduation rate according to specified provisions
of law, the Superintendent and the state board are required to use
the closest possible approximation of that graduation rate,
calculated for each of the previous 3 years, using existing data.


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

  SECTION 1.  Section 53201 of the Education Code, as added by
Section 8 of Chapter 2 of the Fifth Extraordinary Session of the
Statutes of 2010, is amended to read:
   53201.  The Superintendent and the state board shall establish a
list of schools according to the following:
   (a) Identify any Title 1 school in improvement, corrective action,
or restructuring.
   (b) Identify the lowest 5 percent of the schools in subdivision
(a) as measured by the academic achievement of all pupils in a school
in terms of proficiency on the state's assessment under Section 1111
(b)(3) of the federal Elementary and Secondary Education Act (20
U.S.C. Sec. 6301 et seq.) in reading/language arts and mathematics,
combined pursuant to subdivision (h).
   (c) Identify any secondary school that is eligible for, but that
does not receive, Title I funds and is in the lowest 5 percent of
secondary schools as measured by the academic achievement of all
pupils in a school in terms of proficiency on the state's assessment
under Section 1111(b)(3) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.) in reading/language arts
and mathematics, combined pursuant to subdivision (h).
   (d) Add to the schools identified pursuant to subdivisions (a) to
(c), inclusive, any high school that has had a graduation rate, as
defined in Section 200.19(b) of Title 34 of the Code of Federal
regulations, that is less than 60 percent in each of the previous
three years. Until data becomes available to enable the calculation
of this graduation rate so defined, the Superintendent and the state
board shall use the closest possible approximation of that graduation
rate, calculated for each of the previous three years, using
existing data.
   (e) To the extent allowable under federal law, exclude from the
schools identified pursuant to subdivisions (a) to (d), inclusive, a
school that meets any of the following, except as provided in
subdivision (f):
   (1) The school is a county community school operated pursuant to
Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of
Title 1.
   (2) The school is a juvenile court school operated pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
   (3) The school provides educational services exclusively to
individuals with exceptional needs as defined in Section 56026.
   (4) The school has experienced academic growth of at least 50
points over the previous five years as measured by the Academic
Performance Index, using the most recent data available.
   (f) Notwithstanding subdivision (e), a school that meets any of
the criteria in subdivision (e) shall not be excluded from the
schools identified pursuant to subdivisions (a) to (d), inclusive, if
both the Superintendent and the state board find cause not to
exclude the school.
   (g) To the extent allowable under federal law, a community day
school, operated pursuant to Article 3 (commencing with Section
48660) of Chapter 4 of Part 27, may be excluded from the schools
identified pursuant to subdivisions (a) to (d), inclusive, if both
the Superintendent and the state board find cause to exclude the
school.
   (h) For the purposes of identifying the lowest 5 percent of the
schools pursuant to subdivisions (b) and (c), the Superintendent and
the state board may use a methodology consistent with the methodology
used to calculate the Academic Performance Index in order to create
composite results across content areas and grade levels in
reading/language arts and mathematics pursuant to subdivisions (b)
and (c), unless the Superintendent and the state board develop a more
appropriate methodology to meet the requirements of subdivisions (b)
and (c).
   (i) Prior to the implementation of subdivision (h), the
Superintendent and the state board shall notify the appropriate
policy and fiscal committees of the Legislature.