California Legislature—2015–16 Regular Session

Assembly BillNo. 734


Introduced by Assembly Member Kim

February 25, 2015


An act to amend Section 53300 of the Education Code, relating to school intervention.

LEGISLATIVE COUNSEL’S DIGEST

AB 734, as introduced, Kim. School intervention: parent empowerment.

Existing law requires a local educational agency to implement one of several specified interventions for a school not identified as a persistently lowest-achieving school that, after one full school year, is subject to corrective action, as specified, and fails to meet specified criteria and has a specified percentage of parents and legal guardians of pupils sign a petition requesting the local educational agency to implement at least one of 5 specified interventions. Existing law requires a local educational agency to implement the intervention option requested by the petition unless the agency makes a specified finding in a regularly scheduled public hearing.

This bill would apply these petition provisions to schools identified as persistently lowest-achieving schools, and to schools ranked in deciles 1 to 3, inclusive, on the Academic Performance Index. The bill would make nonsubstantive changes by updating cross-references and reorganizing language. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

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:

P2    1

SECTION 1.  

Section 53300 of the Education Code is amended
2to read:

begin delete
3

53300.  

For any school not identified as a persistently
4lowest-achieving school under Section 53201 which, after one full
5school year, is subject to corrective action pursuant to paragraph
6(7) of Section 1116(b) of the federal Elementary and Secondary
7Education Act (20 U.S.C. Sec. 6301 et seq.) and continues to fail
8to make adequate yearly progress, and has an Academic
9Performance Index score of less than 800, and where at least
10one-half of the parents or legal guardians of pupils attending the
11school, or a combination of at least one-half of the parents or legal
12guardians of pupils attending the school and the elementary or
13middle schools that normally matriculate into a middle or high
14school, as applicable, sign a petition requesting the local

end delete
15begin insert

begin insert53300.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertA petition may be submitted to a localend insert educational
16agencybegin insert requesting the agencyend insert to implement one or more of the
17four interventions identified pursuant to paragraphs (1) to (4),
18begin delete inclusiveend deletebegin insert inclusive,end insert of subdivision (a) of Section 53202 or the
19federally mandated alternative governance arrangement pursuant
20to Sectionbegin delete 1116(b)(8)(B)(v)end deletebegin insert 6316(b)(8)(B)(v)end insert of the federal
21Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
22etbegin delete seq.), theend deletebegin insert seq.), if both of the following criteria are satisfied:end insert

begin insert

23(1) At least one-half of the parents or legal guardians of pupils
24attending the school, or a combination of at least one-half of the
25parents or legal guardians of pupils attending the school and the
26elementary or middle schools that normally matriculate into the
27middle or high school, as applicable, sign the petition.

end insert
begin insert

28(2) The school meets one or both of the following requirements:

end insert
begin insert

29(A) The school, after one full school year, is subject to corrective
30action pursuant to Section 6316(b)(7) of the federal Elementary
31and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.),
P3    1continues to fail to make adequate yearly progress, and has an
2Academic Performance Index (API) score of less than 800.

end insert
begin insert

3(B) The school is ranked in any of deciles 1 to 3, inclusive, on
4the API.

end insert

5begin insert(b)end insertbegin insertend insertbegin insertAend insert local educational agencybegin insert that receives a petition pursuant
6to subdivision (a)end insert
shall implement the option requestedbegin delete by the
7parentsend delete
begin insert in the petitionend insert unless, in a regularly scheduled public
8hearing, the local educational agency makes a finding in writing
9stating the reason it cannot implement the specificbegin delete recommendedend delete
10begin insert requestedend insert option and instead designates in writing which of the
11other options described in this section it will implement in the
12subsequent school year consistent with requirements specified in
13federal regulations and guidelines for schools subject to
14restructuring under Sectionbegin delete 1116(b)(8)end deletebegin insert 6316(b)(8)end insert of the federal
15Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
16et seq.) and regulations and guidelines for the four interventions.

17

SEC. 2.  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



O

    99