BILL NUMBER: AB 1626 CHAPTERED
BILL TEXT
CHAPTER 742
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 1998
APPROVED BY GOVERNOR SEPTEMBER 22, 1998
PASSED THE ASSEMBLY AUGUST 31, 1998
PASSED THE SENATE AUGUST 28, 1998
AMENDED IN SENATE AUGUST 28, 1998
AMENDED IN SENATE AUGUST 26, 1998
AMENDED IN SENATE AUGUST 6, 1998
AMENDED IN SENATE JUNE 17, 1998
AMENDED IN ASSEMBLY MAY 22, 1998
AMENDED IN ASSEMBLY MARCH 24, 1998
INTRODUCED BY Assembly Members Wayne, Alquist, Frusetta, and Leach
(Principal coauthor: Assembly Member Baldwin)
(Coauthors: Assembly Members Bowler, Brewer, Campbell, House,
Kuykendall, Leonard, Miller, Morrissey, Pacheco, Prenter, Richter,
and Runner)
(Coauthors: Senators Lockyer, Vasconcellos, and Watson)
JANUARY 5, 1998
An act to add Sections 48070.5 and 60648 to the Education Code,
relating to education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1626, Wayne. Pupil promotion and retention.
(1) Existing law requires the governing board of each school
district and each county superintendent of schools to adopt policies
regarding pupil promotion and retention, and requires a pupil to be
promoted or retained only as provided according to those policies.
This bill would, in addition to the policies adopted pursuant to
those provisions, require the governing board of each school district
and each county board of education to approve a policy regarding the
promotion and retention of pupils between specified grades, and
would require that policy to provide for the identification of pupils
who should be retained or who are at risk of being retained in their
current grade level on the basis of specified factors. The bill
would require the policy to be based on various other considerations.
By imposing new duties on school districts regarding the adoption
of this policy, the bill would impose a state-mandated local program.
(2) Existing law, known as the Leroy Greene California Assessment
of Academic Achievement Act, requires the Superintendent of Public
Instruction to design and implement a statewide pupil assessment
program that includes, among other things, a plan for producing
individual pupil scores based on both the achievement test that is
part of the Standardized Testing and Reporting (STAR) Program and the
statewide assessment of pupil performance in the core curriculum
areas.
This bill would require the Superintendent of Public Instruction
to recommend, and the State Board of Education to adopt, levels of
pupil performance for the achievement tests administered under the
STAR Program in reading, English language arts, and mathematics for
each grade level, and would require that those performance levels
identify and establish the level of performance that is deemed to be
the minimum level required for satisfactory performance in the next
grade.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is crucial for the success of the public school system and
for the greatest achievement of each individual pupil that all
educators hold, and act upon, high expectations for the academic
achievement of every pupil.
(b) With the development of rigorous academic standards in each
discipline for each grade level, it is the expectation of the
Legislature and the Governor that all public school educators will do
all that is necessary so that each pupil meets high academic
standards.
(c) Therefore, the Legislature and the Governor declare that
school districts must address the academic deficiencies of every
pupil.
SEC. 2. Section 48070.5 is added to the Education Code, to read:
48070.5. (a) In addition to the policy adopted pursuant to
Section 48070, the governing board of each school district and each
county board of education shall, in those applicable grade levels,
approve a policy regarding the promotion and retention of pupils
between the following grades:
(1) Between second grade and third grade.
(2) Between third grade and fourth grade.
(3) Between fourth and fifth grade.
(4) Between the end of the intermediate grades and the beginning
of middle school grades which typically occurs between sixth grade
and seventh grade, but may vary depending upon the grade
configuration of the school or school district.
(5) Between the end of the middle school grades and the beginning
of high school which typically occurs between eighth grade and ninth
grade, but may vary depending upon the grade configuration of the
school or school district.
(b) The policy shall provide for the identification of pupils who
should be retained and who are at risk of being retained in their
current grade level on the basis of either of the following:
(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and
the minimum levels of proficiency recommended by the State Board of
Education pursuant to Section 60648.
(2) The pupil's grades and other indicators of academic
achievement designated by the district.
(c) The policy shall base the identification of pupils pursuant to
subdivision (b) at the grade levels identified pursuant to paragraph
(1) and (2) of subdivision (a) primarily on the basis of the pupil's
level of proficiency in reading. The policy shall base the
identification of pupils pursuant to subdivision (b) at the grade
levels identified pursuant to paragraphs (3) through (5) of
subdivision (a) on the basis of the pupil's level of proficiency in
reading, English language arts, and mathematics.
(d) (1) If either measure identified in paragraph (1) or (2) of
subdivision (b) identifies that a pupil is performing below the
minimum standard for promotion, the pupil shall be retained in his or
her current grade level unless the pupil's regular classroom teacher
determines in writing that retention is not the appropriate
intervention for the pupil's academic deficiencies. This written
determination shall specify the reasons that retention is not
appropriate for the pupil and shall include recommendations for
interventions other than retention that in the opinion of the teacher
are necessary to assist the pupil to attain acceptable levels of
academic achievement. If the teacher's recommendation to promote is
contingent upon the pupil's participation in a summer school or
interim session remediation program, the pupil's academic performance
shall be reassessed at the end of the remediation program, and the
decision to retain or promote the pupil shall be reevaluated at that
time. The teacher's evaluation shall be provided to and discussed
with the pupil's parent or guardian and the school principal before
any final determination of pupil retention or promotion.
(2) If the pupil does not have a single regular classroom teacher,
the policy adopted by the school district shall specify the teacher
or teachers responsible for the promotion or retention decision.
(e) The policy shall provide for parental notification when a
pupil is identified as being at risk of retention. This notice shall
be provided as early in the school year as practicable. The policy
shall provide a pupil's parent or guardian the opportunity to consult
with the teacher or teachers responsible for the decision to promote
or retain the pupil.
(f) The policy shall provide a process whereby the decision of the
teacher to retain or promote a pupil may be appealed. If an appeal
is made, the burden shall be on the appealing party to show why the
decision of the teacher should be overruled.
(g) The policy shall provide that pupils who are at-risk of being
retained in their current grade be identified as early in the school
year, and as early in their school careers, as practicable.
(h) The policy shall indicate the manner in which opportunities
for remedial instruction will be provided to pupils who are
recommended for retention or who are identified as being at risk for
retention.
(i) The policy adopted pursuant to this section shall be adopted
at a public meeting of the governing board of the school district.
(j) Nothing in this section shall be construed to prohibit the
retention of a pupil not included in grade levels identified pursuant
to subdivision (a), or for reasons other than those specified in
subdivision (b), if such retention is determined to be appropriate
for that pupil. Nothing in this section shall be construed to
prohibit a governing board from adopting promotion and retention
policies that exceed the criteria established in this section.
SEC. 3. Section 60648 is added to the Education Code, to read:
60648. The Superintendent of Public Instruction shall recommend,
and the State Board of Education shall adopt, levels of pupil
performance on achievement tests administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 in reading,
English language arts, and mathematics at each grade level. The
performance levels shall identify and establish the level of
performance that is deemed to be the minimum level required for
satisfactory performance in the next grade. These levels of
performance shall only be adopted after the achievement tests have
been aligned, pursuant to paragraph (3) of subdivision (a) of Section
60643, to the content and performance standards adopted by the State
Board of Education pursuant to subdivision (a) of Section 60605.
SEC. 4. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.