52055.57-52055.60
EDUCATION CODE
SECTION 52055.57-52055.60
52055.57. (a) (1) Provisions that are applicable to local
educational agencies under this section are for the purpose of
implementing federal requirements under the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). The satisfaction of
these criteria by local educational agencies that choose to
participate under this article shall be a condition of receiving
funds pursuant to this section.
(2) The department shall identify local educational agencies that
are in danger of being identified within two years as program
improvement local educational agencies under the federal No Child
Left Behind Act of 2001, and shall notify those local educational
agencies, in writing, of this status and provide those local
educational agencies with research-based criteria to conduct a
voluntary self-assessment.
(3) The self-assessment shall identify deficiencies within the
operations of the local educational agency, and the programs and
services of the local educational agency.
(4) A local educational agency identified pursuant to paragraph
(2) is encouraged to revise its local educational agency plan based
on the results of the self-assessment.
(5) The program described in this subdivision shall be referred to
as the "Early Warning Program."
(b) (1) A local educational agency identified as a program
improvement local educational agency under the federal No Child Left
Behind Act of 2001 shall do all of the following:
(A) Conduct a self-assessment using materials and criteria based
on current research and provided by the department.
(B) No later than 90 days after a local educational agency is
identified for program improvement, contract with a county office of
education or another external entity after working with the county
superintendent of schools, for both of the following purposes:
(i) Verifying the fundamental teaching and learning needs in the
schools of that local educational agency as determined by the local
educational agency self-analysis, and identifying the specific
academic problems of low-achieving pupils, including a determination
of why the prior plan of the local educational agency failed to bring
about increased pupil academic achievement.
(ii) Ensuring that the local educational agency receives intensive
support and expertise to implement local educational agency reform
initiatives in the revised local educational agency plan as required
by the federal No Child Left Behind Act of 2001.
(C) Revise and expeditiously implement the local educational
agency plan to reflect the findings of the verified self-assessment.
(D) After working with the county superintendent of schools or an
external verifier, contract with an external provider to provide
support and implement recommendations to assist the local educational
agency in resolving shortcomings identified in the verified
self-assessment.
(2) (A) Subject to the availability of funds in the annual Budget
Act for this purpose, a local educational agency described in
paragraph (1) annually may receive fifty thousand dollars ($50,000),
plus ten thousand dollars ($10,000) for each school that is supported
by federal funds pursuant to Title I of the federal No Child Left
Behind Act of 2001 within the local educational agency, for the
purpose of fulfilling the requirements of this subdivision. If
funding is not provided in the annual Budget Act or other statute,
local educational agencies shall not be subject to the requirements
of subparagraphs (B) and (D) of paragraph (1).
(B) Subject to the availability of funds appropriated in the
annual Budget Act for this purpose, a local educational agency
identified as a program improvement local educational agency during
the 2005-06 fiscal year, shall receive priority for funding based
upon the performance of the socioeconomically disadvantaged subgroup
of the local educational agency on the Academic Performance Index.
Priority for funding shall be provided to the lowest performing local
educational agencies that are identified as program improvement
local educational agencies. It is the intent of the Legislature that
funds apportioned pursuant to this paragraph be used to support
activities identified in paragraph (1).
(C) It is the intent of the Legislature that a local educational
agency identified as a program improvement local educational agency
receive no more than two years of funding pursuant to this paragraph.
(c) A local educational agency that has been identified for
corrective action under the federal No Child Left Behind Act of 2001
shall be subject to one or more of the following sanctions as
recommended by the Superintendent and approved by the state board:
(1) Replacing local educational agency personnel who are relevant
to the failure to make adequate yearly progress.
(2) Removing schools from the jurisdiction of the local
educational agency and establishing alternative arrangements for the
governance and supervision of those schools.
(3) Appointing, by the state board, a receiver or trustee, to
administer the affairs of the local educational agency in place of
the county superintendent of schools and the governing board.
(4) Abolishing or restructuring the local educational agency.
(5) Authorizing pupils to transfer from a school operated by the
local educational agency to a higher performing school operated by
another local educational agency, and providing those pupils with
transportation to those schools, in conjunction with carrying out not
less than one additional action described under this paragraph.
(6) Instituting and fully implementing a new curriculum that is
based on state academic content and achievement standards, including
providing appropriate professional development based on
scientifically based research for all relevant staff, that offers
substantial promise of improving educational achievement for
high-priority pupils.
(7) Deferring programmatic funds or reducing administrative
funds.
(d) (1) The department shall develop, and the state board shall
approve at a public meeting, objective criteria by which a local
educational agency identified for corrective action and subject to a
sanction listed under subdivision (c) shall be evaluated to determine
the pervasiveness and severity of its performance problems and the
sanction to be imposed.
(2) A local educational agency identified for corrective action
and subject to a sanction listed under subdivision (c) may apply for
a one-year, nonrenewable grant of federal improvement funding to
assist in its improvement process and may expend that grant funding
over the time period allowable under federal law. It is the intent of
the Legislature to integrate federal funding that is available for
this purpose, including, but not limited to, funding for program
improvement and school improvement grants pursuant to Section 6303 of
Title 20 of the United States Code.
(3) The amount of a grant for a local educational agency with
extensive and severe performance problems shall be one hundred fifty
thousand dollars ($150,000) per school identified for program
improvement pursuant to federal law. The amount of a grant for a
local educational agency with moderate performance problems shall be
one hundred thousand dollars ($100,000) per school identified for
program improvement pursuant to federal law. The amount of a grant
for a local educational agency with minor or isolated performance
problems shall be fifty thousand dollars ($50,000) per school
identified for program improvement pursuant to federal law.
(4) A local educational agency that receives funding under this
subdivision shall use the funds in accordance with Section 6316(b)
and (c) of Title 20 of the United States Code. Pursuant to the
technical assistance requirements under the federal No Child Left
Behind Act of 2001 outlined in Section 6312(b) and (c) and Section
6317 of Title 20 of the United States Code, the Superintendent may
recommend, and the state board may approve, that a local educational
agency contract with a district assistance and intervention team or
other technical assistance provider to receive guidance, support, and
technical assistance. A district intervention and assistance team or
other technical provider with which a local educational agency is
required to contract shall perform the duties specified in
subdivision (e) of Section 52059.
(5) Notwithstanding any other law, a local educational agency that
receives funding under this subdivision or that receives other
federal funds for school improvement shall not use those funds to
compensate a receiver or trustee assigned by the state board pursuant
to paragraph (3) of subdivision (c).
(e) A local educational agency that has received a sanction under
subdivision (c) and has not exited program improvement under the
federal No Child Left Behind Act of 2001 shall appear before the
state board within three years to review the progress of the local
educational agency. Upon hearing testimony and reviewing written data
from the local educational agency, the district assistance and
intervention team, or county superintendent of schools, the
Superintendent shall recommend, and the state board may approve, an
alternative sanction under subdivision (c), or may take any
appropriate action.
(f) Subject to the availability of funds in the annual Budget Act
for this purpose, a local educational agency that is not identified
as a program improvement local educational agency under the federal
No Child Left Behind Act of 2001 may annually receive up to fifteen
thousand dollars ($15,000) per school identified as a program
improvement school for the purposes of supporting schools identified
as program improvement schools in the local educational agency and
determining barriers to improved pupil academic achievement. That
local educational agency shall receive no less than forty thousand
dollars ($40,000) and no more than one million five hundred thousand
dollars ($1,500,000) for those purposes. The Superintendent shall
compile a list that ranks each local educational agency based on the
number of, and percentage of, schools identified as program
improvement schools and shall provide this funding to local
educational agencies equally from each list until all funds
appropriated for this purpose are depleted. These funds shall be
provided for no more than three years.
(g) For purposes of this article, "local educational agency" means
a school district, county office of education, or charter school
that elects to receive its funding directly pursuant to Section
47651, and that provides public educational services to pupils in
kindergarten or any of grades 1 to 12, inclusive.
52055.58. By April 1, 2010, the department shall transmit to the
appropriate fiscal and policy committees of the Legislature, the
Legislative Analyst's Office, and the Department of Finance a copy of
the final evaluation of the pilot project involving district
assistance and intervention teams conducted by the department and a
consortium of county offices of education.
52055.59. (a) Subject to an appropriation in the annual Budget Act
or other statute, the Superintendent shall contract with an
independent evaluator to complete a comprehensive three-year
evaluation of the program established pursuant to subdivision (d) of
Section 52055.57. It is the intent of the Legislature that a total of
one million dollars ($1,000,000) be provided for the independent
evaluation, with three hundred thirty-four thousand dollars
($334,000) provided for the 2008-09 fiscal year, three hundred
thirty-three thousand dollars ($333,000) provided for the 2009-10
fiscal year, and three hundred thirty-three thousand dollars
($333,000) provided for the 2010-11 fiscal year. The evaluation shall
focus on local educational agencies that are identified for
corrective action beginning with the 2007-08 fiscal year, and in the
2008-09, 2009-10, and 2010-11 fiscal years, and shall include data
compiled for those local educational agencies for those years.
(b) The evaluation shall examine the implementation, impact,
costs, and effectiveness of the corrective actions and reform
strategies undertaken by local educational agencies that are
identified for corrective action, as specified in subdivision (a).
The evaluation also shall determine the effectiveness of the
technical assistance provided by the district assistance and
intervention teams and other technical assistance providers pursuant
to Section 52059.
(c) The Superintendent shall ensure that the evaluation includes,
at a minimum, all of the following factors:
(1) Program implementation data, including, but not limited to, a
review of startup activities, the quality of the academic program,
local governance and leadership, the allocation of fiscal resources,
the allocation of personnel, management practices, community support,
parental participation, the use of pupil data to inform
instructional practice, and staff development.
(2) Pupil performance data, including, but not limited to, results
of assessments used to determine whether local educational agencies
have made significant progress towards meeting their state and
federal academic growth targets and data for each of the following
subgroups:
(A) English learners.
(B) Pupils with exceptional needs.
(C) Pupils who are eligible for funds under Title I of the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
(3) Data on the percentage of fully credentialed teachers, the
percentage of teachers who hold emergency credentials, the percentage
of teachers assigned outside their subject area of competence, the
accreditation status of the school if appropriate, average class size
per grade level, and the number of pupils in multitrack, year-round
schools. These data shall be compiled for the 2008-09, 2009-10, and
2010-11 school years.
(d) The evaluation shall include a rigorous qualitative and
quantitative assessment of how program implementation affected pupil
achievement and teacher quality using the information required
pursuant to subdivision (c).
(e) The Superintendent shall submit two interim reports and a
final report to the Governor, the Department of Finance, the
Legislature, and the Legislative Analyst's Office. The reports shall
be submitted to these agencies no later than November 1, 2009,
November 1, 2010, and November 1, 2011, respectively.
52055.60. (a) Notwithstanding any other law, for the 2008-09 to the
2012-13 fiscal years, inclusive, the department and the state board
shall not prohibit a school, school district, county office of
education, or charter school identified for program improvement
pursuant to the federal No Child Left Behind Act of 2001, or a school
district or county office of education that has received a federal
corrective action sanction by the state board pursuant to subdivision
(b) of Section 52055.57, from utilizing the flexibility provisions
established in Section 42605. The department and the state board
shall not identify the funds with which sanctions or corrective
actions are to be implemented.
(b) This section does not prohibit a school, county office of
education, or charter school that has been identified for program
improvement pursuant to the federal No Child Left Behind Act of 2001,
or a school district or county office of education sanctioned
pursuant to subdivision (c) of Section 52055.57, from implementing
sanctions imposed pursuant to paragraph (6) of subdivision (c) of
Section 52055.57.(c) This section shall become inoperative on July 1,
2013, and, as of January 1, 2014, is repealed, unless a later
enacted statute, that becomes operative on or before January 1, 2014,
deletes or extends the dates on which it becomes inoperative and is
repealed.