Bill Text: CA AB2307 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education: academic performance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB2307 Detail]
Download: California-2009-AB2307-Amended.html
Bill Title: Education: academic performance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB2307 Detail]
Download: California-2009-AB2307-Amended.html
BILL NUMBER: AB 2307 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Carter
FEBRUARY 19, 2010
An act to amend Section 52052 of the Education Code,
relating to academic performance. An act to add
Section 52052.7 to the Education Code, relating to academic
performance.
LEGISLATIVE COUNSEL'S DIGEST
AB 2307, as amended, Carter. Education: academic performance.
Existing law requires the Superintendent of Public Instruction,
with approval of the state board, to develop an Academic Performance
Index (API). The API primarily measures student academic achievement
and is used in determining a school's adequate yearly progress under
the federal No Child Left Behind Act of 2001.
This bill would make technical, nonsubstantive changes in that
provision.
Existing law requires the Superintendent, with approval of the
state board, to develop an alternative accountability system for
specified schools. These schools may receive an API score but shall
not be included in the API rankings of schools.
This bill would provide that, as part of the alternative
accountability system for schools the Superintendent and the state
board shall allow a dropout recovery high school, as defined, to use
an individual pupil growth model that meets specified criteria.
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. The Legislature finds and declares all
of the following:
(a) Dropout recovery high schools provide significant social,
economic, and academic benefit to their students and to California's
population as a whole.
(b) Research by the Alliance for Excellent Education demonstrates
that if only one-half of the dropouts were recovered in California's
six largest metropolitan areas, the economic benefits to California
would be staggering: those recovered dropouts would invest an
additional $247 million a year; increase home sales by $2.92 billion
during their careers; support an additional 6,800 jobs to the
midpoint of their careers; and increase state and local tax revenues
by $129 million every year.
(c) Research further demonstrates that reengaged learners
demonstrate higher civic engagement, contribute to the cultural
strengths of their communities and are significantly less likely to
be unemployed, on public assistance, or arrested for a violent crime.
(d) Research further demonstrates that dropout recovery high
schools face a number of challenges in reengaging students into
academic endeavors, including:
(1) Dropouts who reenter high school are significantly below grade
level.
(2) Students who drop out display a gradual process of
disengagement from school that encompasses years of academic and
behavioral difficulties, absenteeism, and stressful life
circumstances.
(3) Reengagement into a high school setting can be difficult and
take a significant amount of time.
(4) Students who have dropped out once are significantly more
likely to drop out again. Research by WestEd found that one-half of
the dropouts who return to school stay for one year or less and that
one-third of returning dropouts fail to complete even one course
after they reenroll. The school district WestEd studied had a
graduate rate of 18 percent for recovered dropouts.
(e) Successful dropout recovery high schools utilize multiple
strategies including state of the art technology and career technical
education to reach the variety of learning modalities of the
population that they serve.
(f) Successful dropout recovery schools typically enroll students
for less than four years, provide competency based rather than seat
time based instruction, and operate with open entry or open exit
enrollment.
(g) Standardized testing depends on all students being present on
a fixed schedule with learning competencies within a narrower band of
averages than represented by dropouts. Research by the National
Governor's Association recognizes that seat time education in the
dropout recovery context is a substantial and unnecessary barrier.
The use of competency based and open entry strategies result in
dropout recovery students not being in school at the time that
standardized tests are administered.
(h) Support for successful dropout recovery high schools should
include an alternative assessment mechanism that measures the
individual growth in students which can be administered at the school
level when students are available.
SEC. 2. Section 52052.7 is added to the
Education Code , to read:
52052.7. (a) As part of the alternative accountability system for
schools developed pursuant to subdivision (h) of Section 52052, the
Superintendent and the state board shall allow a dropout recovery
high school, as defined in subdivision (b), to use an individual
pupil growth model that meets the criteria described in subdivision
(c).
(b) For purposes of this section, "dropout recovery high school"
means a high school in which 50 percent or more of its pupils are
designated as dropouts pursuant to the exit and withdrawal codes
developed by the department and the school provides instruction in
partnership with any of the following:
(1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
(2) Federally affiliated Youthbuild programs (42 U.S.C. Sec. 12899
et seq.).
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Section
14507.5 or 14406 of the Public Resources Code.
(c) The Superintendent shall certify that the individual pupil
growth model meets all of the following criteria:
(1) The model measures learning based on valid and reliable
nationally normed reading and mathematics performance tests.
(2) The model measures instruction of skills and knowledge aligned
with state standards.
(3) The model measures the extent to which a pupil scored above an
expected amount of growth based on the individual pupil's initial
achievement score.
(4) The model demonstrates the extent to which a school is able to
accelerate learning on an annual basis.
SECTION 1. 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) Four-year graduation rates shall be calculated by taking 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, and dividing that number 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 before 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.
(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be four school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (iv).
(iv) The number of pupils entering grade 9 for the first time in
the school year four 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 four
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 four 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.
(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be five school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (vi).
(vi) The number of pupils entering grade 9 for the first time in
the school year five 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 five
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 five 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 inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:
(i) Schools shall be granted one-half the credit in their API
scores for graduating pupils in five years that they are granted for
graduating pupils in four years.
(ii) Schools shall be granted one-quarter the credit in their API
scores for graduating pupils in six years that they are granted for
graduating pupils in four years.
(iii) Notwithstanding clauses (i) and (ii), schools shall be
granted full credit in their API scores for graduating in five or six
years a pupil with disabilities who graduates in accordance with his
or her individualized education program.
(C) 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.
(D) 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.
(E) 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. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
