Bill Text: CA SB1458 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: School accountability: Academic Performance Index:

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State. Chapter 577, Statutes of 2012. [SB1458 Detail]

Download: California-2011-SB1458-Introduced.html

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BILL NUMBER: SB 1458	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Steinberg

                        FEBRUARY 24, 2012

   An act to amend Section 52052 of, and to add Section 52052.9 to,
the Education Code, relating to school accountability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1458, as introduced, Steinberg. School accountability: Academic
Performance Index: graduation rates.
   The Public Schools Accountability Act of 1999 requires the
Superintendent of Public Instruction, with the approval of the State
Board of Education, to develop an Academic Performance Index (API)
that measures the performance of schools and the academic performance
of pupils. Under existing law, the API consists of a variety of
indicators, including graduation rates for pupils in secondary
schools, and is used to measure the progress of specified schools and
to rank all public schools for the purpose of the High
Achieving/Improving Schools Program. Existing law requires the
Superintendent to determine the accuracy of high school graduation
rate data before including that data in the API, and to provide an
annual report to the Legislature on graduation and dropout rates, as
specified.
   This bill would authorize the Superintendent to develop and
implement a specified program of school quality review to complement
the API, if an appropriation for this purpose is made in the annual
Budget Act. The bill would also require the Superintendent to
annually determine the accuracy of graduation rate data, and would
delete the requirement that the Superintendent report annually to the
Legislature on graduation and dropout rates. The bill would
authorize the Superintendent to incorporate into the API the rates at
which pupils successfully promote from one grade to the next in
middle school and high school and matriculate from middle school to
high school, as well as pupil preparedness for postsecondary
education and career. The bill would delete the requirement that the
API be used to measure the progress of specified schools and to rank
all public schools for the purpose of the High Achieving/Improving
Schools Program. To the extent this bill would require school
districts to report additional data for purposes of inclusion in the
API or other school quality review, the bill would impose a
state-mandated local program.
   Existing law provides that pupil scores from certain
standards-based achievement tests and the high school exit
examination be incorporated into the API, as specified. Under
existing law, the results of these tests constitute at least 60% of
the value of the index.
   This bill would instead require that these test results constitute
no more than 40% of the value of the index for secondary schools and
at least 40% of the value of the index for primary and middle
schools.
   Existing law requires the Superintendent to establish an advisory
committee to advise the Superintendent and the state board on all
appropriate matters relative to the creation of the API, as
specified.
   This bill would require the Superintendent, on or before March 1,
2013, and in consultation with that advisory committee, to report to
the Legislature a method for increasing emphasis on pupil performance
in science and social science in the API and a plan to streamline
and reduce state-mandated middle and secondary school testing, among
other things.
   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 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  pupil  subgroups shall be defined by the
Superintendent, with approval by the state board.
   (4)  (A)    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. 
   (B) The Superintendent, with the approval of the state board, may
also incorporate into the API the rates at which pupils successfully
promote from one grade to the next in middle school and high school,
and successfully matriculate from middle school to high school. 

   (A) 
    (C)  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  prior to  
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   before  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   before  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   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 four school years
 prior to   before  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   before  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   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 five school years
 prior to   before  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   before  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) 
    (D)  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 (IEP). 
   (C) 
    (E)  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 
    (F)     (i)     Results
 of the achievement test and other tests specified in
subdivision (b) shall constitute  at least 60  
no more than 40  percent of the value of the index  for
secondary schools  . 
   (ii) In addition to the elements required by this paragraph, the
Superintendent, with approval of the state board, may incorporate
into the index for secondary schools valid, reliable, and stable
measures of pupil preparedness for postsecondary education and
career.  
   (G) Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 40 percent of the value of
the index for primary schools and middle schools.  
   (D) Before including high school graduation rates and attendance
rates in the API, the 
    (H)     The  Superintendent shall 
annually  determine  the extent to which the data
currently are reported to the state and  the accuracy of
 the   graduation rate  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.  
   (I) To complement the API, the Superintendent, with the approval
of the state board, may develop and implement a program of school
quality review that features locally convened panels to visit
schools, observe teachers, interview students, and examine student
work, if an appropriation for this purpose is made in the annual
Budget Act. 
   (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) 
    (e)  (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) 
    (f)  Only schools with 100 or more test scores
contributing to the API may be included in the API rankings. 

   (h) 
    (g)  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.
  SEC. 2.  Section 52052.9 is added to the Education Code, to read:
   52052.9.  (a) On or before March 1, 2013, the Superintendent, in
consultation with the advisory committee established pursuant to
Section 52052.5, shall report to the Legislature and recommend to the
state board for adoption a method or methods for increasing the
emphasis on pupil performance in science and social science in the
Academic Performance Index (API).
   (b) On or before March 1, 2013, the Superintendent, in
consultation with the advisory committee established pursuant to
Section 52052.5, shall report to the Legislature both of the
following:
   (1) A plan to streamline and reduce state-mandated middle and
secondary school testing, including, but not limited to, eliminating
redundant assessments and assessments that lack tangible meaning for
pupils, and reducing or minimizing testing time for pupils, teachers,
and administrators in order to restore instructional time.
   (2) An alternative method or methods, in place of decile rank, for
determining eligibility, preferences, or priorities for any
statutory program that currently uses decile rank as a determining
factor.
  SEC. 3.  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.