BILL NUMBER: AB 429 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
INTRODUCED BY Assembly Member Brownley
(Coauthors: Assembly Members Adams, Huber, Ma, and Torlakson)
(Coauthors: Senators Liu and Romero)
FEBRUARY 23, 2009
An act to add Section 52052.51 to the Education Code,
relating to the Public Schools Accountability Act of 1999.
An act to amend Section 52052.5 of the Education Code, relating
to public school accountability.
LEGISLATIVE COUNSEL'S DIGEST
AB 429, as amended, Brownley. The Public Schools
Accountability Act of 1999 Public school
accountability : advisory committee.
Existing law requires the Superintendent of Public Instruction to
establish an advisory committee to advise on all appropriate matters
relative to the creation of the Academic Performance Index and the
implementation of the Immediate Intervention/Underperforming Schools
Program and the High Achieving/Improving Schools Program. Existing
law requires the committee to make recommendations to the
Superintendent on the appropriateness and feasibility of a
methodology for generating a measurement of academic performance by
using unique pupil identifiers and annual academic achievement growth
to provide a more accurate measure of a school's academic
achievement growth over time.
This bill would state the intent of the Legislature that the
advisory committee make recommendations for generating a measurement
of academic performance that can provide a more accurate and valid
measure of a pupil's academic achievement growth over time and use a
specified pilot study in making recommendations, and that the
Superintendent forward recommendations containing a cost estimate and
timeline for implementation to various state entities. The bill
would further state the intent of the Legislature that
recommendations to develop a longitudinally valid assessment system
not be implemented unless and until funds are specifically
appropriated for that purpose.
This bill would require the committee, by January 1, 2011, to make
recommendations to the Superintendent for the establishment of a
methodology for measuring a school's academic achievement growth and
a pupil's academic achievement growth more accurately and validly
over time. This bill would require the committee to consider a
specified pilot study of academic growth measures in making its
recommendations to the Superintendent, and that the recommendations
be consistent with specified federal laws. The Superintendent would
be required to immediately forward the committee's recommendations to
specified state entities.
This bill would provide that specific provisions of the bill would
not be implemented unless and until funds are appropriated by the
Legislature in the annual Budget Act or another statute.
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 52052.5 of the
Education Code is amended to read:
52052.5. (a) The Superintendent of Public Instruction
shall establish a broadly representative and diverse
advisory committee to advise the Superintendent of Public
Instruction and the State Board of Education
state board on all appropriate matters relative
to the creation of the Academic Performance Index and the
implementation of the Immediate Intervention/Underperforming Schools
Program and the High Achieving/Improving Schools Program. Members of
the advisory committee shall serve without compensation for terms not
to exceed two years. The State Department of Education
department shall provide staff to the advisory
panel.
(b) By July 1, 2005 January 1, 2011
, the advisory committee established pursuant to this
section subdivision (a) shall make
recommendations to the Superintendent of Public Instruction
on the appropriateness and feasibility for the
establishment of a methodology for generating a measurement of
academic performance by utilizing unique pupil identifiers for pupils
in kindergarten and any of grades 1 to 12, inclusive, and
annual academic achievement growth to for developing a
longitudinally valid achievement assessment system in which annual
academic growth can provide a more accurate and valid
measure of a school's growth over time. If appropriate
and feasible, the Superintendent of Public Instruction, with the
approval of the State Board of Education, shall thereafter implement
this measurement of academic performance academic
achievement growth and a pupil's academic achievement growth over
time .
(1) The advisory committee shall consider the pilot study of
academic growth measures, pursuant to Provision 10 of Item
6110-113-0890 of Section 2.00 of the Budget Act of 2007, in making
recommendations to the Superintendent for this purpose.
(2) Upon receipt, the Superintendent shall, immediately forward
the recommendations of the advisory committee to the state board, the
appropriate policy and fiscal committees of the Legislature, and the
Department of Finance. The Superintendent shall include a cost
estimate for each recommendation and a timeline for implementation.
(3) The recommendations shall be consistent with statutory,
regulatory, and technical guidance from the United States Department
of Education under the Elementary and Secondary Education Act of 1965
(20 U.S.C. Sec. 6301 et seq.) and the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) so as to maximize the
state's funding opportunities, including, but not limited to, state
incentive grants under the Race to the Top Fund.
(c) No recommendation made pursuant to subdivision (b), or any
other proposal to develop a longitudinally valid assessment system,
may be implemented unless and until funds are appropriated by the
Legislature in the annual Budget Act or another statute specifically
for that purpose.
SECTION 1. Section 52052.51 is added to the
Education Code, to read:
52052.51. (a) It is the intent of the Legislature that the
advisory committee established pursuant to Section 52052.5 do both of
the following:
(1) Make recommendations for generating a measurement of academic
performance that can provide a more accurate and valid measure of a
pupil's academic achievement growth over time.
(2) Use the pilot study of academic growth measures, pursuant to
Provision 10 of Item 6110-113-0890 of Section 2.00 of the Budget Act
of 2007, in making recommendations to the Superintendent for this
purpose.
(b) If recommendations are made by the advisory committee pursuant
to Section 52052.5 and subdivision (a), it is the intent of the
Legislature that the Superintendent forward the recommendations of
the advisory committee to the state board, the appropriate policy
committees of the Legislature, and the Department of Finance. It is
further the intent of the Legislature that each recommendation
include a cost estimate and a timeline for implementation.
(c) No recommendation made pursuant to subdivision (b) of Section
52052.5, subdivision (a) of this section, or any other proposal to
develop a longitudinally valid assessment system may be implemented
unless and until funds are appropriated by the Legislature in the
annual Budget Act or another statute enacted specifically for that
purpose.