Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 734


Introduced by Assembly Member Kim

begin insert

(Principal coauthor: Senator Huff)

end insert

February 25, 2015


An act tobegin delete amend Section 53300 ofend deletebegin insert add Section 53304 toend insert the Education Code, relating to school intervention.

LEGISLATIVE COUNSEL’S DIGEST

AB 734, as amended, Kim. School intervention: parentbegin delete empowerment.end deletebegin insert empowerment: petition appeal.end insert

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.

begin delete

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.

end delete
begin insert

If a local educational agency receives a petition and does not implement the option requested in the petition in its final disposition of the petition, this bill would authorize the petitioners to appeal the final disposition to the county board of education. The bill would authorize the county board of education to approve the appeal if it finds that the local educational agency acted in violation of specified requirements or did not act in good faith. If the county board of education approves the appeal, the bill would require the local educational agency to implement the option requested in the petition. To the extent that these provisions impose additional duties on a county board of education or a local educational agency, the bill would impose a state-mandated local program.

end insert

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:

begin delete
P2    1

SECTION 1.  

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

3

53300.  

(a) A petition may be submitted to a local educational
4agency requesting the agency to implement one or more of the
5four interventions identified pursuant to paragraphs (1) to (4),
6inclusive, of subdivision (a) of Section 53202 or the federally
7mandated alternative governance arrangement pursuant to Section
86316(b)(8)(B)(v) of the federal Elementary and Secondary
9Education Act (20 U.S.C. Sec. 6301 et seq.), if both of the
10following criteria are satisfied:

11(1) At least one-half of the parents or legal guardians of pupils
12attending the school, or a combination of at least one-half of the
13parents or legal guardians of pupils attending the school and the
14elementary or middle schools that normally matriculate into the
15middle or high school, as applicable, sign the petition.

16(2) The school meets one or both of the following requirements:

P3    1(A) The school, after one full school year, is subject to corrective
2action pursuant to Section 6316(b)(7) of the federal Elementary
3and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.),
4continues to fail to make adequate yearly progress, and has an
5Academic Performance Index (API) score of less than 800.

6(B) The school is ranked in any of deciles 1 to 3, inclusive, on
7the API.

8(b) A local educational agency that receives a petition pursuant
9to subdivision (a) shall implement the option requested in the
10petition unless, in a regularly scheduled public hearing, the local
11educational agency makes a finding in writing stating the reason
12it cannot implement the specific requested option and instead
13designates in writing which of the other options described in this
14section it will implement in the subsequent school year consistent
15with requirements specified in federal regulations and guidelines
16for schools subject to restructuring under Section 6316(b)(8) of
17the federal Elementary and Secondary Education Act (20 U.S.C.
18Sec. 6301 et seq.) and regulations and guidelines for the four
19interventions.

end delete
20begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 53304 is added to the end insertbegin insertEducation Codeend insertbegin insert,
21to read:end insert

begin insert
22

begin insert53304.end insert  

(a) If a local educational agency receives a petition
23pursuant to Section 53300 and does not implement the option
24requested in the petition in its final disposition of the petition, the
25petitioners may appeal the final disposition of the petition to the
26county board of education.

27(b) The county board of education may approve the appeal if it
28finds that the local educational agency acted in violation of any
29requirement of this article or Chapter 5.2.5 (commencing with
30Section 4800) of Division 1 of Title 5 of the California Code of
31Regulations, or did not act in good faith. If the county board of
32education approves the appeal, the local educational agency shall
33implement the option requested in the petition.

end insert
34

SEC. 2.  

If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.



O

    98