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

California Senate Bill 1458 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
BILL NUMBER: SB 1458	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 5, 2012
	AMENDED IN ASSEMBLY  JUNE 14, 2012

INTRODUCED BY   Senator Steinberg
   (Principal coauthor: Assembly Member Bonilla)

                        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 amended, 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.  As additional elements are incorporated into the
API, the   The  bill would require the
Superintendent to annually provide to local educational agencies and
the public an explanation of the individual components of the API and
their relative values, as specified, and would prohibit an
additional element from being incorporated into the API until at
least one full school year after the state board's decision to
include the element into the API. 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,
commencing with the 2014-15 school year, and for each school year
thereafter, and constitute at least 40% of the value of the index for
primary and middle schools.
   This bill would require the Superintendent, on or before October
1, 2013  ,  to report to the Legislature a method for
increasing emphasis on pupil mastery of standards in science and
social science through the system of public school accountability or
by other means and  a plan to streamline and reduce
state-mandated pupil testing, among other things   an
alternative   method or methods, in place of  
decile rank, for determining eligibility, preferences, or priorities
for any statutory program that uses decile rank as a determining
factor  .
   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.  The Legislature finds and declares all of the
following:
   (a) The state's primary accountability measure for public schools,
the Academic Performance Index (API), has performed an important
function and has served as a compass by which schools have directed
their efforts to improve.
   (b) The API has been limited, however, by an overreliance on the
Standardized Testing and Reporting Program as the chief indicator of
a school's performance. Statute requires dropout and graduation rates
to be included in a school's API score, but those rates have not yet
been incorporated. The API does not indicate the degree to which a
school has prepared its pupils for success in postsecondary education
and career.
   (c) The transition to new common core academic content standards
and the new assessments that will accompany those standards present
an opportunity for the state to reexamine its system of public school
accountability, the goals for its public schools, and the most
appropriate methods to measure progress towards those goals.
  SEC. 2.  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 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.
   (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 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 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 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 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 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 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 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 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 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.
   (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.
   (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 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.
   (F) (i) Commencing with the 2014-15 school year, and for each
school year thereafter, results of the achievement test and other
tests specified in subdivision (b) shall constitute 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.
   (H) It is the intent of the Legislature that the state's system of
public school accountability be more closely aligned with both the
public's expectations for public education and the workforce needs of
the state's economy. It is therefore necessary that the
accountability system evolve beyond its narrow focus on pupil test
scores to encompass other valuable information about school
performance, including, but not limited to, pupil preparedness for
college and career, as well as the high school graduation rates
already required by law.
   (I) The Superintendent shall annually determine the accuracy of
graduation rate data. Notwithstanding any other 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.
   (J) 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 pupils, and examine pupil work,
if an appropriation for this purpose is made in the annual Budget
Act.
   (K)  As additional elements are incorporated into the API,
the   The    Superintendent shall
annually provide to local educational agencies and the public a
transparent and understandable explanation of the individual
components of the API and their relative values within the API.
   (L) An additional element chosen by the Superintendent and the
state board for inclusion in the API pursuant to this paragraph shall
not be incorporated into the API until at least one full school year
after the state board's decision to include the element into the
API.
   (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) (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.
   (f) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
   (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. 3.  Section 52052.9 is added to the Education Code, to read:
   52052.9.  (a) On or before October 1, 2013, the Superintendent
shall report to the Legislature and recommend to the state board for
adoption a method or methods for increasing the emphasis on pupil
mastery of standards in science and social science through the system
of public school accountability or by other means.
   (b) On or before October 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:   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.  
   (1) A plan to streamline and reduce state-mandated pupil 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. 4.  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.