SECTIONS 52051-52052.6 - California Statutes

EDUCATION CODE

SECTION 52051-52052.6

52051. The Public School Performance Accountability Program is
hereby established and shall consist of the following three component
parts:
(a) The state Academic Performance Index, to be known as the API.
(b) The Immediate Intervention/Underperforming Schools Program.
(c) The Governor's High Achieving/Improving Schools Program.

52051.5. For purposes of this chapter, all references to schools
shall include charter schools.

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 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 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 (IEP).
(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.

52052.1. (a) Beginning July 1, 2011, in addition to the test scores
specified in subparagraph (B) of paragraph (4) of subdivision (a) of
Section 52052, the Academic Performance Index (API) for a school or
school district shall do all of the following:
(1) Include the test scores and other accountability data of
enrolled pupils who were referred by the school or school district of
residence to an alternative education program, including community,
community day, and continuation high schools and independent study,
and be calculated by assigning all accountability data on pupils in
alternative education programs, including community, community day,
and continuation high schools and independent study, to the school
and school district of residence to ensure that placement decisions
are in the best interests of affected pupils. If a pupil is referred
to an alternative education program by a juvenile court judge or
other correctional or judicial official, or if the pupil is expelled
pursuant to subdivision (a), (b), or (c) of Section 48915, the test
scores of that pupil shall remain with the alternative education
program and with the school district or county office of education
serving that pupil. This section does not prohibit the alternative
education program from counting the test scores of those pupils
served in their alternative education program. It is the intent of
the Legislature that these alternative education programs remain
accountable to the pupils they serve.
(2) Exclude the test scores or other data of those pupils exempt
pursuant to federal statute or federal regulation.
(3) Include school and school district dropout rates for pupils
who drop out of school while enrolled in grade 8 or 9. If reliable
data is not available by July 1, 2011, the Superintendent, on or
before that date, shall report to the Legislature the reasons for the
delay and date he or she anticipates the specified dropout rates
will be included in the API.
(b) The advisory committee established pursuant to Section 52052.5
shall recommend to the Superintendent and the state board all of the
following:
(1) The length of time for which the accountability data on pupils
in alternative education programs shall be assigned to the school
and school district of residence pursuant to paragraph (1) of
subdivision (a).
(2) Whether it is appropriate to assign accountability data to the
school or the school district, pursuant to paragraph (1) of
subdivision (a), if the pupil never attended the school of residence
or has been absent for more than one year from the school district of
residence due to placement in another school or school district or
out of state.

52052.2. A school that receives an API score with an asterisk shall
be eligible for the Governor's Performance Awards Program, as set
forth in Section 52057 and for participation in the Immediate
Intervention/Underperforming Schools Program, as set forth in Section
52053.

52052.5. (a) The Superintendent shall establish a broadly
representative and diverse advisory committee to advise the
Superintendent of Public Instruction and the 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 department shall provide staff to the advisory panel.
(b) By July 1, 2005, the advisory committee established pursuant
to this section shall make recommendations to the Superintendent on
the appropriateness and feasibility 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 provide a more
accurate measure of a school's growth over time. If appropriate and
feasible, the Superintendent, with the approval of the state board,
shall thereafter implement this measurement of academic performance.
(c) By January 1, 2011, the Superintendent and the state board, in
consultation with the advisory committee established pursuant to
subdivision (a), shall make recommendations to the Legislature and
the Governor on each of the following:
(1) Approaches to increasing the emphasis of science and
mathematics in the calculation of the Academic Performance Index or
any successor measure.
(2) Methods to incorporate into the Academic Performance Index, or
into other aspects of the state's accountability system, a measure
of the degree to which pupils graduate from high school with the
skills and knowledge necessary to attain entry-level employment in
business or industry, as set forth in subdivision (b) of Section
51228.
(3) Methods to incorporate into the Academic Performance Index, or
into other aspects of the state's accountability system, a measure
of the degree to which pupils graduate from high school with the
skills and knowledge necessary to succeed in postsecondary education.
(d) By July 1, 2013, the Superintendent and the state board, in
consultation with the advisory committee established pursuant to
subdivision (a), shall make recommendations to the Legislature and
the Governor on the establishment of a methodology for generating a
measurement of group and individual academic performance growth by
utilizing individual pupil results from a longitudinally valid
achievement assessment system. These recommendations should also
address any interactions between the Academic Performance Index, or
any successor measure, and individual test scores from the state's
tests, as well as implications for the reauthorization of the state's
assessment system. This paragraph shall not be construed to
supersede the provisions of Chapter 273 of the Statutes of 2009.

52052.6. (a) It is the intent of the Legislature that, in
conducting its responsibilities pursuant to subdivision (b) of
Section 52052.5, the advisory committee take into consideration the
recommendations of the California pilot study conducted pursuant to
Provision 10 of Item 6110-113-0890 of the Budget Act of 2007, the
statutory and regulatory requirements and related guidance pursuant
to the federal Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 6301 et seq.), and waivers for cohort growth measures
approved for other states by the United States Secretary of
Education.
(b) It is the intent of the Legislature that the advisory
committee established pursuant to Section 52052.5 also consider
measures already in use by other states to facilitate the
identification of various performance levels of cohort growth,
including, but not limited to, whether each pupil, subgroup, school,
and school district made at least one year's academic growth in one
year's time and whether the amount of academic growth is adequate to
reach a performance level of proficient within a timeframe specified
in the state's approved accountability plan required pursuant to the
federal Elementary and Secondary Education Act of 1965 (20 U.S.C.
Sec. 6301 et seq.), and to provide the ability to determine the
following with reasonable statistical confidence:
(1) High achievement with a growth rate indicating ability to
remain at proficiency or to move into the highest range of
achievement.
(2) High achievement with a growth rate indicating ability to
remain at least at proficiency.
(3) Low achievement with a growth rate indicating ability to reach
proficiency within a specified timeframe.
(4) Low achievement with a growth rate indicating significant
inability to reach proficiency within a specified timeframe.
(c) If the advisory committee established pursuant to Section
52052.5 considers a measure of annual academic achievement growth
pursuant to Section 52052.5, any measure of annual academic
achievement growth by cohort approved in connection with requirements
of Section 52052.5 or adopted through a state plan approved by the
State Educational Agency pursuant to any provision, or waiver of, the
federal Elementary and Secondary Education Act of 1965 (20 U.S.C.
Sec. 6301 et seq.), or any other plan submitted by the state as a
requirement of receiving or allocating federal funds shall:
(1) Utilize a growth model in the public domain that is not
proprietary.
(2) Be able to be replicated by an independent statistician.
(3) Be able to be fully and accurately explained, including the
generation of all results, the specification of the standard error,
and the stringency of the confidence interval used to determine
whether the annual change in test scores is statistically
significant, in a document available to the public.
(d) The Legislature finds and declares the importance of
transparency and full disclosure of the activities and
recommendations of the advisory committee established pursuant to
Section 52052.5. Therefore, the Legislature requests the advisory
committee, in making any notification required by Article 9
(commencing with Section 11120) of Division 3 of Title 2 of the
Government Code, to additionally notify in writing the chairpersons
of the Committees on Education and on Appropriations of the Senate
and Assembly, including, but not limited to, any activities that may
be conducted pursuant to subdivision (c).