52055.600-52055.662
EDUCATION CODE
SECTION 52055.600-52055.662
52055.600. (a) The High Priority Schools Grant Program is hereby
established. Participation in this program is voluntary.
(b) From funds made available for purposes of this article, the
Superintendent shall allocate a total of four hundred dollars ($400)
per pupil to schools meeting eligibility requirements pursuant to
Section 52055.605, for implementation of a school action plan
approved pursuant to this article, in accordance with all of the
following:
(1) In the first year of participation, a total of fifty thousand
dollars ($50,000) for planning purposes.
(2) In each subsequent year of participation, a total of four
hundred dollars ($400) per pupil, or a total of twenty-five thousand
dollars ($25,000), whichever amount is greater.
(c) For schools receiving implementation funding for the federal
Comprehensive School Reform Program (20 U.S.C. Sec. 6511 et seq.) in
the 2005-06 fiscal year that meet criteria set forth in subdivision
(c) of Section 52055.605, the Superintendent may allocate funding for
continued implementation of current school improvement plans from
funds made available for purposes of this article, in accordance with
all of the following:
(1) Beginning in the 2006-07 fiscal year, a total of four hundred
dollars ($400) per pupil based on the school's 2002-03 enrollment
under the federal program, or a total of twenty-five thousand dollars
($25,000), whichever amount is greater.
(2) Funding provided pursuant to the federal program shall
supplement, not supplant, funding received pursuant to this article.
(3) Notwithstanding subdivisions (e) and (f) of Section 52055.650,
36 months after the receipt of funding to implement a school action
plan, schools that are not subject to state monitoring pursuant to
subdivision (h) of Section 52055.650 are eligible for an allocation
of four hundred dollars ($400) per pupil based on the school's
2002-03 enrollment under the federal program, or a total allocation
of twenty-five thousand dollars ($25,000), whichever amount is
greater, in the 2007-08 fiscal year.
(d) Funds received pursuant to this article may not be used to
match funds received pursuant to Article 3 (commencing with Section
52053).
(e) The school district shall keep fiscal records available for
inspection that affirm allocation to schoolsites in accordance with
this section and shall allocate resources in a manner that does not
delay their use.
52055.605. (a) The Superintendent, with the approval of the state
board, shall identify schools ranked in deciles 1 to 5, inclusive, of
the Academic Performance Index (API).
(b) (1) Notwithstanding any other provision of law, and if funds
are available for this purpose, the Superintendent shall invite a
second cohort of schools identified pursuant to subdivision (a) to
participate in the High Priority Schools Grant Program beginning in
the 2005-06 fiscal year. Schools that are receiving or have received
funding pursuant to Section 52053, 52054.5, or 52055.600, and schools
participating in the federal Comprehensive School Reform Program (20
U.S.C. Sec. 6511 et seq.) that did not receive funding under that
federal program in the 2005-06 fiscal year are ineligible to
participate in a second cohort of schools funded pursuant to
subdivision (c). Schools that received funding pursuant to Section
52053 and are ineligible to participate under this subdivision may be
eligible to participate in subsequent cohorts of the grant program.
All schools receiving funding pursuant to paragraph (2) of
subdivision (b) of Section 52055.600 are subject to all terms and
conditions applicable to the second cohort of the High Priority
Schools Grant Program.
(2) Notwithstanding any other provision of law, schools eligible
for funding under paragraph (2) of subdivision (b) of, or paragraph
(1) of subdivision (c) of, Section 52055.600 shall not receive funds
pursuant to more than one of those subdivisions.
(c) First priority for participation in the High Priority Schools
Grant Program shall be given to schools with a valid base API ranked
in decile 1. Second priority shall be given to schools with a valid
base API ranked in decile 2. Third priority shall be given to schools
with a valid base API ranked in decile 3. Fourth priority shall be
given to schools with a valid base API ranked in decile 4. Fifth
priority shall be given to schools with a valid base API ranked in
decile 5. Within each decile, priority shall be given to the lowest
ranked schools on the most recent base API.
(d) Notwithstanding subdivision (c), schools deemed state
monitored pursuant to subdivision (h) of Section 52055.650,
subdivision (b) of Section 52055.5, or Section 52055.51 that have not
exited state monitoring are not eligible to participate in the
second cohort of the grant program.
52055.610. (a) The Superintendent shall establish a procedure that
is consistent with this article for the approval of applications and
school action plans.
(b) Notwithstanding the existing application process established
pursuant to Article 3 (commencing with Section 52053), in developing
an action plan to be submitted with the application for funding
pursuant to subdivision (b) of Section 52055.600, a school may choose
from the following options:
(1) A school district on behalf of an eligible school under its
jurisdiction may elect to receive fifty thousand dollars ($50,000) as
a planning grant from funds appropriated for purposes of this
article. These planning grant funds shall be used for technical
assistance in the development of the school action plan. Technical
assistance includes assistance provided by school district personnel,
county offices of education, universities, a state-approved external
evaluator, or any other entity that has proven successful expertise
specific to the challenges inherent in high-priority schools. If the
school action plan is approved, the Superintendent shall provide
funding for its implementation. Planning funds, as well as other
funds available to school districts pursuant to this article, may be
used for ongoing technical assistance throughout the implementation
of the action plan and continued participation in the program
established pursuant to Article 3 (commencing with Section 52053) and
the program established pursuant to this article.
(2) A school district, on behalf of an eligible school under its
jurisdiction, may elect to forego the fifty thousand dollar ($50,000)
planning grant and immediately submit its application and school
action plan. If a school chooses this option, the Superintendent
shall take one of the following actions:
(A) Recommend approval of the application and action plan by the
state board and provide funding for implementation of the school
action plan.
(B) Request additional clarification and technical changes, after
which the school and district shall resubmit the application and
school action plan with the clarifications and changes for approval.
If the application and school action plan are approved, the
Superintendent shall provide funding for implementation of the school
action plan.
(c) For schools receiving funds pursuant to subdivision (c) of
Section 52055.600, the Superintendent shall establish a process
whereby these schools verify that their current school action plans
conform to requirements established pursuant to subdivision (a) of
Section 52055.620.
(d) The following deadlines apply to the first cohort of schools
in the 2001-02 fiscal year:
(1) A school district on behalf of an eligible school under its
jurisdiction shall submit the application and school action plan to
the Superintendent for review and approval by May 15, 2002.
(2) The Superintendent shall make a recommendation to the state
board regarding approval or disapproval of applications and school
action plans by June 15, 2002. The state board shall approve or
disapprove the application and action plan by June 30, 2002. Upon
approval by the state board, the department shall allocate funding to
schools for the implementation of the action plan. If the state
board fails to approve or disapprove the application and school
action plan by June 30, 2002, the recommendation of the
Superintendent shall be deemed to be adopted and funding for
implementation of the action plan shall be allocated.
(3) If the Superintendent takes the action specified in
subparagraph (B) of paragraph (2) of subdivision (b), the school and
school district shall resubmit the application and school action plan
with the clarifications and changes for approval by August 1, 2002,
and the Superintendent shall make a recommendation to the state board
regarding approval or disapproval by September 1, 2002. The state
board shall approve or disapprove the application and action plan by
September 30, 2002. If the action plan is approved, the department
shall allocate funding to the school district on behalf of an
eligible school under its jurisdiction for implementation of the
action plan. If the state board fails to approve or disapprove the
application and school action plan by September 30, 2002, the
recommendation of the Superintendent shall be deemed to be adopted
and funding for implementation of the action plan shall be allocated.
(4) A school district may request, and the state board may waive,
the deadlines set forth in this subdivision.
(e) The following deadlines apply to the second cohort of schools
in the 2005-06 fiscal year invited for participation pursuant to
subdivisions (b) and (c) of Section 52055.600:
(1) A school district, on behalf of an eligible school under its
jurisdiction shall submit a statement of intent to apply to the High
Priority Schools Grant Program by June 30, 2006.
(2) School districts submitting the statement of intent to apply
on behalf of eligible schools and electing to receive funds for
planning shall receive a one-time allocation of fifty thousand
dollars ($50,000), for each eligible school.
(3) A school district, on behalf of an eligible school under its
jurisdiction, shall submit the application and school action plan to
the Superintendent for review and approval by January 15, 2007.
(4) After review of applications and school action plans pursuant
to paragraph (3), the Superintendent shall take one of the following
actions applicable to each applicant:
(A) Make a recommendation to the state board regarding approval or
disapproval of applications and school action plans by March 31,
2007.
(B) Request additional clarification and technical changes, after
which the school and district shall resubmit the application and
school action plan with the clarifications and changes for approval.
(5) If the Superintendent takes the action specified in
subparagraph (A) of paragraph (4), the state board shall approve or
disapprove the application and action plan by March 31, 2007. Upon
approval by the state board, the department shall allocate funding to
schools for the implementation of the school action plan. If the
state board fails to approve or disapprove the application and school
action plan by July 31, 2007, the recommendation of the
Superintendent shall be deemed to be adopted.
(6) If the Superintendent takes the action specified in
subparagraph (B) of paragraph (4), the state board shall approve or
disapprove the application and action plan by July 31, 2007. Upon
approval by the state board, the department shall allocate funding to
schools for the implementation of the school action plan. If the
state board fails to approve or disapprove the application and school
action plan by July 31, 2007, the recommendation of the
Superintendent shall be deemed to be adopted.
(7) If the Superintendent takes the action specified in
subparagraph (B) of paragraph (2) of subdivision (b), the school and
school district shall resubmit the application and school action plan
with the clarifications and changes for approval by January 12,
2007, and the Superintendent shall make a recommendation to the state
board regarding approval or disapproval by March 31, 2007. The state
board shall approve or disapprove the application and the school
action plan by March 31, 2007. If the school action plan is approved,
the department shall allocate funding to the school district on
behalf of an eligible school under its jurisdiction for
implementation of the school action plan. If the state board fails to
approve or disapprove the application and school action plan by July
31, 2007, the recommendation of the Superintendent shall be deemed
to be adopted.
(8) The department shall begin to allocate implementation funding
by June 30, 2007, to schools that have an approved application and
action plan under this section.
(9) If the district, on behalf of an eligible school under its
jurisdiction, fails to submit an approvable plan by July 31, 2007, no
further funding shall be made available under Section 52055.600.
(10) A school district that fails to submit an approvable plan
shall conduct a hearing at a regularly scheduled board meeting to
explain why no approvable plan was submitted.
52055.615. (a) If the Superintendent of Public Instruction invites
a school to participate in the High Priority Schools Grant Program,
the governing board of the school district shall hold a public
hearing at a regularly scheduled meeting to discuss whether or not to
apply for participation in this program and how to address the needs
of the school and pupils.
(b) If a school district, on behalf of an eligible school under
its jurisdiction, decides not to accept the invitation to participate
in the High Priority Schools Grant Program, the governing board of
the school district shall hold a public hearing at a regularly
scheduled meeting to discuss the reasons and rationale for not
accepting the invitation and explain how the district intends to
address the needs of the school and pupils. This section does not
apply to school districts with jurisdiction over schools for which
the Superintendent of Public Instruction has indicated that funding
would not be available. The governing board shall not place the
discussion required pursuant to this subdivision on the consent
calendar of the hearing.
(c) The governing board shall notify, in writing, the following
persons and entities of the public hearings required pursuant to
subdivisions (a) and (b):
(1) Representative parent organizations at the schoolsite,
including the parent-teacher association, parent-teacher clubs, and
schoolsite councils. The district is encouraged also to notify
parents directly through appropriate means. Notifications to parents
shall comply with Article 4 (commencing with Section 48985) of
Chapter 6 of Part 27.
(2) All local major media outlets.
(3) The local mayor.
(4) All members of the city council.
(5) All members of the county board of supervisors.
(6) County superintendents of schools.
(7) County board of education.
52055.620. (a) As a condition of the receipt of funds under
subdivisions (b) and (c) of Section 52055.600, a school action plan
shall be based upon the following:
(1) It shall be based on scientifically based research and
effective practices and be data driven.
(2) It shall include ongoing data gathering for purposes of this
program, so that progress can be measured and verified and the plan
can be modified based on the data.
(3) It shall be grounded in the findings from an initial needs
assessment.
(4) It shall evidence a commitment by the school community to
implement the plan. The plan shall describe how this commitment will
be evidenced.
(5) It shall make clear that there is a heightening of
expectations on the part of all personnel associated with the
schoolsite that all children can learn and every school can succeed.
(6) It shall ensure that an environment that is conducive to
teaching and learning is provided at the schoolsite.
(7) It shall identify additional human, financial, and other
resources available to the school to be used in the implementation of
the school action plan.
(b) (1) The action plan shall be developed, in partnership with
the school district, by the schoolsite council, as defined in Section
52852, or if the school does not have a schoolsite council, by a
schoolwide advisory group or school support group that conforms to
the requirements of Section 52852 and whose members are
self-selected.
(2) Notwithstanding paragraph (1), a school participating in the
Immediate Intervention/Underperforming Schools Program prior to
October 12, 2001, may continue using its school action team for
purposes of developing an action plan pursuant to this article.
(c) In developing a school action plan, the school and school
district shall use the technical assistance from school district
personnel, county offices of education, universities, a
state-approved external evaluator, or any other person or entity that
has proven successful expertise specific to the challenges inherent
in high-priority schools. In addition, the school and district may
include an individual to facilitate the activities related to the
development of this plan.
(d) The action plan shall include a strategy, jointly developed by
the school district and the exclusive bargaining representative of
the certificated employees of the district, for addressing the
distribution of experienced credentialed teachers throughout the
district, including an agreement by the district and the exclusive
bargaining representative of the certificated staff on how they are
going to achieve a balance in that distribution. This collaboration
shall take place outside of collective bargaining and shall strive to
develop a strategy that will attract and retain equal ratios of
credentialed teachers at each school in the district. This
collaboration shall include discussions on ways to maximize current
options to recruit credentialed teachers to the district, use of
regional recruitment centers, ensuring that newly hired credentialed
teachers are assigned in alignment with the goal of even distribution
of credentialed teachers, and ensuring that high-priority schools
provide a necessary teaching and learning environment to retain a
fully credentialed teaching staff.
(e) The action plan may include any existing plan a school may
have developed for another program, that may include existing
strategies that meet the requirements of the essential components of
a school action plan specified in Section 52055.625.
52055.625. (a) It is the intent of the Legislature that the lists
contained in paragraph (2) of subdivisions (c), (d), (e), and (f) be
considered options that may be considered by a school in the
development of its school action plan and that a school not be
required to adopt all of the listed options as a condition of funding
under the terms of this section. Instead, this listing of options is
intended to provide the opportunity for focus and strategic planning
as schools plan to address the needs of high-priority pupils.
(b) (1) As a condition of the receipt of funds, a school action
plan shall include each of the following essential components:
(A) Pupil literacy and achievement.
(B) Quality of staff.
(C) Parental involvement.
(D) Facilities, curriculum, instructional materials, and support
services.
(2) As a condition of the receipt of funds, a school action plan
for a school initially applying to participate in the program during
or after the 2004-05 fiscal year shall include each of the following
essential components:
(A) Pupil literacy and achievement.
(B) Quality of staff, including highly qualified teachers, as
required by the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.), and appropriately credentialed teachers for
English learners.
(C) Parental involvement.
(D) Facilities maintained in good repair as specified in Sections
17014, 17032.5, 17070.75, and 17089, curriculum, instructional
materials that, at a minimum, are consistent with the requirements of
Section 60119, and support services.
(c) (1) The pupil literacy and achievement component shall contain
a strategy to focus on increasing pupil literacy and achievement,
with necessary attention to the needs of English language learners.
At a minimum, this strategy shall include a plan to achieve the
following goals:
(A) Each pupil at the school will be provided appropriate
instructional materials aligned with the academic content and
performance standards adopted by the state board as required by law.
(B) Each significant subgroup at the school will demonstrate
increased achievement based on Academic Performance Index (API)
results by the end of the implementation period.
(C) English language learners at the school will demonstrate
increased performance based on the English language development test
required by Section 60810 and the achievement tests required pursuant
to Section 60640.
(2) To achieve the goals described in paragraph (1), a school, in
its action plan, may include, among other things, any of the
following options:
(A) Selective class size reduction in key curricular areas,
provided this does not result in a decrease in the proportion of
experienced credentialed teachers at the schoolsite.
(B) Increased learning time in key curricular areas identified as
needing attention, including mathematics.
(C) Targeted intensive reading instruction utilizing reading
capacity-level materials that may include, but are not limited to,
the following strategies:
(i) The development of a reading competency program for pupils in
grades 5 to 8, inclusive, whose reading scores are at or below the
40th percentile or in the two lowest performance levels, as adopted
by the state board, on the reading portion of the achievement test
authorized by Section 60640. This program may include direct
instruction in reading at grade level utilizing the English language
arts content standards adopted pursuant to Section 60605.
Additionally, this program may offer specialized intervention that
utilizes state-approved instructional materials adopted pursuant to
Section 60200. It is the intent of the Legislature, as a
recommendation, that this curriculum consist of at least one class
period during the regular schoolday taught by a teacher trained in
the English language arts content and performance standards pursuant
to Section 60605. It is also the intent of the Legislature, as a
recommendation, that periodic assessments throughout the year be
conducted to monitor the progress of the pupils involved.
(ii) The use of a teacher librarian to work cooperatively with
every teacher and principal at the schoolsite to develop and
implement an independent and free reading program, help teachers
determine a pupil's reading level, order books that have been
determined to meet the needs of pupils, help choose books at
independent reading levels of pupils, and assure that pupils read a
variety of genres across all academic content areas. For purposes of
this article, "teacher librarian" means a classroom teacher who
possesses or is in the process of obtaining a teacher librarian
services credential consistent with Section 44868.
(D) Mentoring programs for pupils.
(E) Community, business, or university partnerships with the
school.
(d) (1) The quality of staff component shall contain a strategy to
attract, retain, and fairly distribute the highest quality staff at
the school, including teachers, administrators, and support staff. At
a minimum, this strategy shall include a plan to achieve the
following goals:
(A) An increase in the number of credentialed teachers working at
that schoolsite.
(B) An increase in or targeting of professional development
opportunities for teachers related to the goals of the action plan
and English language development standards adopted by the State Board
aligned with the academic content and performance standards,
including, but not limited to, participation in professional
development institutes established pursuant to Article 2 (commencing
with Section 99220) of Chapter 5 of Part 65.
(C) By the end of the implementation period, successful completion
by the schoolsite administrators of a program designed to maximize
leadership skills.
(2) To achieve the goals described in paragraph (1), a school may
include in its action plan, among others, any of the following
options:
(A) Incentives to attract credentialed teachers and quality
administrators to the schoolsite, including, but not limited to,
additional compensation strategies similar to those authorized
pursuant to Section 44735.
(B) A school district preintern or intern program within which
eligible emergency permit teachers located at the schoolsite would be
required to participate, unless those individuals are already
participating in another teacher preparation program that leads to
the attainment of a valid California teaching credential.
(C) Common planning time for teachers, administrators, and support
staff focused on improving pupil achievement.
(D) Mentoring for site administrators, peer assistance for
credentialed teachers, and support services for new teachers,
including, but not limited to, the Beginning Teacher Support and
Assessment System.
(E) Providing assistance and incentives to teachers for completion
of professional certification programs and toward attaining BCLAD or
CLAD certification.
(F) Increasing professional development in state academic content
and performance standards, including English language development
standards.
(e) (1) The parental involvement component shall contain a
strategy to change the culture of the school community to recognize
parents and guardians as partners in the education of their children
and to prepare and educate parents and guardians in the learning and
academic progress of their children. At a minimum, this strategy
shall include a commitment to develop a school-parent compact as
required by Section 51101 and a plan to achieve the goal of
maintaining or increasing the number and frequency of personal parent
and guardian contacts each year at the schoolsite and school-home
communications designed to promote parent and guardian support for
meeting state standards and core curriculum requirements.
(2) To achieve the goals in subdivision (a), a school, in its
action plan, may include, among others, any of the following options:
(A) Parent and guardian homework support classes.
(B) A program of regular home visits.
(C) After school and evening opportunities for parents, guardians,
and pupils to learn together.
(D) Training programs to educate parents and guardians about state
standards and testing requirements, including the high school exit
examination.
(E) Creation, maintenance, and support of parent centers located
on schoolsites to educate parents and guardians regarding pupil
expectations and provide support to parents and guardians in their
efforts to help their children learn.
(F) Programs targeted at parents and guardians of special
education pupils.
(G) Efforts to develop a culture at the schoolsite focused on
college attendance, including programs to educate parents and
guardians regarding college entrance requirements and options.
(H) Providing more bilingual personnel at the schoolsite and at
school-related functions to communicate more effectively with parents
and guardians who speak a language other than English.
(I) Providing an opportunity for parents to monitor online, if the
technology is available, and in compliance with applicable state and
federal privacy laws, the academic progress and attendance of their
children.
(f) (1) The facilities, curriculum, instructional materials, and
support services component shall contain a strategy to provide an
environment that is conducive to teaching and learning and that
includes the development of a high-quality curriculum and instruction
aligned with the academic content and performance standards adopted
pursuant to Section 60605 and the standards for English language
development adopted pursuant to Section 60811 to measure progress
made towards achieving English language proficiency. At a minimum,
this strategy shall include the goal of providing adequate logistical
support including, but not limited to, curriculum, quality
instruction, instructional materials, support services, and supplies
for every pupil.
(2) To achieve the goal specified in paragraph (1), a school, in
its action plan, may include, among others, any of the following
options:
(A) State and locally developed valid and reliable assessments
based on state academic content standards.
(B) Increased learning time in key curricular areas identified as
needing attention, including mathematics.
(C) The addition of more pupil support services staff, including,
but not limited to, paraprofessionals, counselors, teacher
librarians, nurses, psychologists, social workers, speech therapists,
audiologists, and speech pathologists.
(D) Pupil support centers for additional tutoring or homework
assistance.
(E) Use of most current standards-aligned textbooks adopted by the
State Board, including materials for English language learners.
(F) For secondary schools, offering advanced placement courses and
courses that meet the requirements for admission to the University
of California or the California State University.
(g) A school action plan to improve pupil performance that is
developed for participation in the program established pursuant to
this article shall meet the requirements of subdivisions (d) and (e)
of Section 52054 and this article.
(h) Participants under subdivision (d) of Section 52055.600 shall
develop a series of schoolwide systemic support activities that
provide pupils with the opportunity to meet the same state and local
standards in core academic areas expected of all other pupils.
Participating schools shall provide enrichment activities designed to
improve pupil academic achievement and performance; improve life
skill accomplishments; transition to a regular program of instruction
or higher education, or both; access vocational training; or obtain
employment. Individual pilot grant plans and systemic support
activities shall comport with the statutory and regulatory
requirements of each respective program.
52055.630. (a) Before a school action plan is submitted to the
Superintendent of Public Instruction, the plan shall be presented at
a regularly scheduled public meeting of the governing board of the
school district.
(b) In addition to involving the teachers in the development of
the action plan, the school district shall certify that it has met
and consulted with the exclusive representative of certificated
employees on the action plan. The governing board of the school
district shall approve the plan and certify that the plan contains
all of the essential components required pursuant to subdivision (a)
of Section 52055.625.
(c) This program and an action plan for any schools participating
in the program shall not be deemed to supersede conflicting language
in the collective bargaining contracts of that school's district. All
matters within the scope of collective bargaining continue to be
subject to it.
52055.640. (a) As a condition of the receipt of funds for the
initial and each subsequent year of funding pursuant to this article
and to ensure that the school is progressing towards meeting the
goals of each of the essential components of its school action plan,
each year the school district shall submit a report to the
Superintendent that includes the following:
(1) The academic improvement of pupils within the participating
school as measured by the tests under Section 60640 and the progress
made towards achieving English language proficiency as measured by
the English language development test administered pursuant to
Section 60810.
(2) The improvement of distribution of experienced teachers
holding a valid California teaching credential across the district.
Commencing with the 2004-05 fiscal year, for a school district with a
school initially applying to participate in the program on or after
July 1, 2004, the report shall include whether at least 80 percent of
the teachers assigned to the school are credentialed and the number
of classes in which 20 percent or more pupils are English learners
and assigned to teachers who do not possess a certificate issued
pursuant to Section 44253.3, 44253.4, or 44253.7 or have not
completed training pursuant to Section 44253.10, or are not otherwise
authorized by statute to be assigned to those classes. This
paragraph does not relieve a school district from complying with
state or federal law regarding teachers of English learners.
(3) The availability of instructional materials in core content
areas that are aligned with the academic content and performance
standards, including textbooks, for each pupil, including English
language learners. For a school district that initially applies to
participate in the High Priority Schools Grant Program during the
2004-05 fiscal year, or any fiscal year thereafter, the definition of
"sufficient textbooks or instructional materials" contained in
subdivision (c) of Section 60119 applies to this paragraph.
(4) The number of parents and guardians presently involved at each
participating schoolsite as compared to the number participating at
the beginning of the program.
(5) The number of pupils attending after school, tutoring, or
homework assistance programs.
(6) For participating secondary schools, the number of pupils who
are enrolled in and successfully completing advanced placement
courses, by type, and requirements for admission to the University of
California or the California State University, including courses in
algebra, biology, and United States or world history.
(b) The report on the pupil literacy and achievement component
shall be disaggregated by numerically significant subgroups, as
defined in Section 52052, and English language learners and have a
focus on improved scores in reading and mathematics as measured by
the following:
(1) The Academic Performance Index, including the data collected
pursuant to tests that are part of the Standardized Testing and
Reporting Program and the writing sample that is part of that
program.
(2) The results of the primary language test pursuant to Section
60640.
(3) Graduation rates, when the methodology for collecting this
data has been confirmed to be valid and reliable.
(4) In addition, a school may use locally developed assessments to
assist it in determining the pupil progress in academic literacy and
achievement.
(c) The report on the quality of staff component shall include,
but not be limited to, the following information:
(1) The number of teachers at the schoolsite holding a valid
California teaching credential or district or university intern
certificate or credential compared to those teachers at the same
schoolsite holding a preintern certificate, emergency permit, or
waiver.
(2) The number and ratio of teachers across the district holding a
valid California teaching credential or district or university
intern certificate or credential compared to those holding a
preintern certificate, emergency permit, or waiver.
(3) The number of principals having completed training pursuant to
Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25.
(4) The number of principals by credential type or years of
experience and length of time at the schoolsite by years.
(d) The report on the parental involvement component shall include
explicit involvement strategies being implemented at the schoolsite
that are directly linked to activities supporting pupil academic
achievement and verification that the schoolsite has developed a
school-parent compact as required by Section 51101.
(e) All comparisons made in the reports required pursuant to this
section shall be based on baseline data provided by the district and
schoolsite in the action plan that is certified and submitted with
the initial application.
(f) To the extent that data is already reported to the
Superintendent, a school district need not include the data in the
reports submitted pursuant to this section.
(g) Before submitting the reports required pursuant to this
section, the school district, at a regularly scheduled public meeting
of the governing board, shall review a participating school's
progress towards achieving those goals.
52055.645. (a) For the purpose of evaluating academic growth in
core curriculum areas and determining the efficacy of the school
action plan, schools are strongly encouraged to assess the academic
progress of pupils on an annual basis and to evaluate the results in
order to determine whether changes to the schoolsite plan are needed.
(b) In conducting these annual assessments, a school shall use the
English language development test, administered pursuant to Section
60810 to measure progress towards achieving English language
proficiency, where appropriate and the tests that are part of the
Standardized Testing and Reporting Program. In addition, a school may
use any curriculum-based achievement test to assess pupil growth if
the test is proven to be valid and reliable.
(c) The results of these annual assessments shall be reported
annually to the school district. The State Board of Education may use
these results as quantifiable measurements of significant growth
when determining whether to grant a waiver for an additional year of
funding.
52055.647. As a condition of funding, a school shall certify that
the eligible teachers and administrators assigned to a participating
school will participate in the programs established pursuant to
Assembly Bill 466 of the 2001-02 Regular Session and Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25.
52055.650. (a) Section 52055.5 does not apply to a school
participating in the High Priority Schools Grant Program.
(b) Twenty-four months after receipt of funding for implementation
of the action plan pursuant to Sections 52054.5 and 52055.600, a
school that has not met its growth targets each year shall be subject
to review by the state board. This review shall include an
examination of the school's progress relative to the components and
reports made pursuant to Section 52055.640. The Superintendent, with
the approval of the state board, may direct that the governing board
of a school district take appropriate action and adopt appropriate
strategies to provide corrective assistance to the school in order to
achieve the components and benchmarks established in the school's
action plan.
(c) Thirty-six months after receipt of funding to implement a
school action plan, a school that has met or exceeded its growth
target each year shall receive a monetary or nonmonetary award, under
the Governor's Performance Award Program, as set forth in Section
52057. Funds received pursuant to that section may be used at the
school's discretion.
(d) Notwithstanding subdivisions (e) and (f), 36 months after the
receipt of funding to implement a school action plan, all schools
that are not subject to state monitoring are eligible for a fourth
year of the funding specified in Section 52055.600.
(e) (1) Thirty-six months after receipt of funding pursuant to
Section 52053 or 52055.600, and anytime thereafter, a school for
which the most recent base Academic Performance Index (API) places
the school in decile 6, 7, 8, 9, or 10 shall exit the grant program.
(2) Thirty-six months after receipt of implementation funding for
the federal Comprehensive School Reform Program (20 U.S.C. Sec. 6511
et seq.), and anytime thereafter, a school receiving funding pursuant
to Section 52053 or 52055.600 in the 2005-06 fiscal year for which
the most recent base API places the school in decile 6, 7, 8, 9, or
10 shall exit the grant program.
(f) (1) A school that achieves positive growth in each year of the
last three years of program implementation and achieves growth
targets in two of those years shall exit the grant program.
(2) A school that receives implementation funding for the federal
program beginning in the 2004-05 fiscal year and subsequently
receives funding pursuant to subdivision (c) of Section 52055.600 in
the 2006-07 fiscal year shall exit the grant program if it achieves
positive growth in each year of the last three years of program
implementation and achieves growth targets in two of those years.
(g) For schools receiving implementation funding pursuant to
Section 52055.600, 36 months after receipt of initial funding for
either the federal program or the grant program, a school that has
not met its growth targets but has shown significant growth as
determined by the state board, shall continue to be monitored by the
Superintendent until it exits the grant program pursuant to
subdivision (e) or (f) or is deemed state monitored pursuant to
subdivision (h).
(h) Thirty-six months after receipt of initial implementation
funding for the grant program or the federal program, a school that
receives funding pursuant to Section 52055.600, does not meet its
growth targets within the periods described in subdivision (c), and
has failed to show significant growth, as determined by the state
board, shall be deemed a state-monitored school, and, notwithstanding
any other law, the Superintendent, with the approval of the state
board, shall follow the course of action prescribed by paragraph (1)
or (2) with respect to that school.
(1) Notwithstanding any other law, the Superintendent, with the
approval of the state board, shall require the district to enter into
a contract with a school assistance and intervention team no later
than 30 days after the public release of the school's growth in API
results or the next regularly scheduled meeting of the state board
following the expiration of the 30 days, if meeting the 30-day time
limit would not provide the state board with sufficient time to
comply with the requirements of the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Division 3
of Title 2 of the Government Code). With the approval of the state
board, the governing board of the school district may retain its
legal rights, duties, and responsibilities with respect to that
school.
(A) Team members should possess a high degree of knowledge and
skills in the areas of school leadership, curriculum, and instruction
aligned to state academic content and performance standards,
classroom management and discipline, academic assessment,
parent-school relations, and evaluation- and research-based reform
strategies, and have proven successful expertise specific to the
challenges inherent in high-priority schools.
(B) The team shall provide intensive support and expertise to
implement the school reform initiatives in the plan. Decisions about
interventions shall be data driven. A school assistance and
intervention team shall work with school staff, site planning teams,
administrators, and district staff to improve pupil literacy and
achievement by assessing the degree of implementation of the current
action plan, refining and revising the action plan, and making
recommendations to maximize the use of fiscal resources and personnel
in achieving the goals of the plan. The district shall provide
support and assistance to enhance the work of the team at the
targeted schoolsites.
(C) (i) Not later than 60 days after the assignment of the school
assistance and intervention team, the team shall complete an initial
report. The report shall include recommendations for corrective
actions chosen from a range of interventions, including the
reallocation of school district fiscal resources to ensure that
appropriate resources are targeted to those specific interventions
identified in the recommendations of the team for the targeted
schools and other changes deemed appropriate to make progress toward
meeting the school's growth target.
(ii) Not later than 90 days after the assignment of the school
assistance and intervention team, the governing board of the school
district shall adopt the team's recommendations at a regularly
scheduled meeting of the governing board. Any subsequent
recommendations proposed by the school assistance and intervention
team shall be submitted to the governing board and shall be adopted
by the governing board within 30 days of the submission. The
governing board may not place the adoption on the consent calendar.
(iii) The report shall be submitted to the Superintendent and the
state board.
(D) Following the governing board's adoption of the
recommendations, the governing board may submit an appeal to the
Superintendent for relief from one or more of the recommendations.
The Superintendent, with approval of the state board, may grant
relief from compliance with any of the school assistance and
intervention team recommendations.
(E) If a school assistance and intervention team does not fulfill
its legal obligations under this section or Section 52055.51, the
governing board of the school district may seek permission from the
Superintendent, with the approval of the state board, to contract
with a different school assistance and intervention team. Upon
finding that the school assistance and intervention team has not
fulfilled its legal obligations under this section, the
Superintendent, with the approval of the state board, may remove the
school assistance and intervention team from the state list of
eligible providers.
(F) A school assistance and intervention team assigned to a school
pursuant to Section 52055.51 or this section may seek permission
from the Superintendent, with the approval of the state board, to
terminate its contract with a state-monitored school if the school is
failing to implement the recommendations listed in the report of
findings and corrective actions. The Superintendent, with approval of
the state board, may grant permission to the school assistance and
intervention team to terminate its contract with the state-monitored
school if the Superintendent determines that the school is not
implementing the identified corrective actions.
(G) No fewer than three times during the year, the school district
and schoolsite shall present the team with data regarding progress
toward the goals established by the team's initial assessment. The
data shall be presented to the governing board of the school district
at a regularly scheduled meeting. The team, to the extent possible,
shall utilize existing site data. The data also shall be provided to
the Superintendent and the state board. Every effort shall be made to
report this data in a manner that minimizes the length and
complexity of the reporting requirement in order to maximize the
focus on improving pupil literacy and achievement.
(H) An action taken pursuant to this paragraph shall not increase
local costs or require reimbursement by the Commission on State
Mandates.
(2) The Superintendent shall assume all the legal rights, duties,
and powers of the governing board with respect to the school. The
Superintendent, in consultation with the state board and the
governing board of the school district, shall reassign the principal
of that school subject to the findings in paragraph (2) of
subdivision (q). In addition to reassigning the principal, the
Superintendent, in consultation with the state board, and
notwithstanding any other provision of law, shall do at least one of
the following:
(A) Revise attendance options for pupils to allow them to attend
any public school in which space is available. If an additional
attendance option is made available, this option may not require
either the sending or receiving school district to incur additional
transportation costs.
(B) Allow parents or guardians to apply directly to the state
board for the establishment of a charter school and allow parents or
guardians to establish the charter school at the existing schoolsite.
(C) Under the supervision of the Superintendent, assign the
management of the school to a college, university, county office of
education, or other appropriate educational institution. The entity
chosen to assume management of the school shall possess the
qualifications specified in subparagraph (A) of paragraph (1). The
involvement of the school district during the sanctions process shall
be established by contract. The costs of the entity to manage the
school shall be established by contract and shall be paid by the
school district. However, the Superintendent may not assume the
management of the school.
(D) Reassign other certificated employees of the school.
(E) Renegotiate a new collective bargaining agreement at the
expiration of the existing collective bargaining agreement.
(F) Reorganize the school.
(G) Close the school.
(H) Place a trustee at the school, for a period not to exceed
three years, who shall monitor and review the operation of the
school. The trustee shall possess the qualifications specified in
subparagraph (A) of paragraph (1), shall compile an initial report in
accordance with the requirements of subparagraph (C) of paragraph
(1), and shall receive reports from the school district and
schoolsite no less than three times during the year on the progress
towards meeting the goals established in the initial report. During
the period of his or her service, the trustee may stay or rescind
those actions of the governing board of the school district or
schoolsite principal that, in the judgment of the trustee, may
detrimentally affect the conditions of the state-monitored school to
which the trustee is assigned. The salary and benefits of the trustee
shall be established by the Superintendent, in consultation with the
state board, and shall be paid by the school district.
(I) For the purposes of this section, in order to facilitate the
appointment of the trustee and the employment of any necessary staff,
the Superintendent is exempt from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code and Part 2 (commencing with Section 10100)
of the Public Contract Code.
(J) Notwithstanding any other provision of law, if the
Superintendent appoints an employee of the department to act as
trustee pursuant to this section, the salary and benefits of that
employee shall be established by the Superintendent and paid by the
school district. During the time of appointment, the employee is an
employee of the school district, but shall remain in the same
retirement system and under the same plan as if the employee had
remained in the department. Upon the expiration or termination of the
appointment, the employee shall have the right to return to his or
her former position, or to a position at substantially the same level
as that position, with the department. The time served in the
appointment shall be counted for all purposes as if the employee had
served that time in his or her former position with the department.
(i) When a school is deemed to be a state-monitored school, the
governing board of the school district, at a regularly scheduled
public meeting, shall inform the parents and guardians of pupils
enrolled at the schoolsite that the school is a state-monitored
school and that as a result of this determination the corrective
actions set forth in subdivision (h) may occur.
(j) In addition to the actions taken pursuant to subdivision (h),
the governing board of the school district and the district
superintendent shall be included in discussions regarding the
governance of the state-monitored schoolsite and the actions that
shall be taken in order for the schoolsite to succeed. During the
discussions, the participants shall delineate clearly the role that
the governing board of the school district and the district
superintendent will play during the sanctions period and shall report
this delineation to the Superintendent. The role to be played by the
governing board of the school district and the district
superintendent as delineated during the discussions regarding the
governance of the state-monitored schoolsite shall be in addition to
those actions set forth in subdivision (h).
(k) After a school is deemed to be a state-monitored school
pursuant to subdivision (h), the governing board of the school
district shall do all of the following:
(1) Make the same fiscal, human, and educational resources, at a
minimum, available to the schoolsite as were available before the
action taken pursuant to subdivision (h), excluding state or federal
funding provided pursuant to Sections 52054.5 and 52055.600. If the
total amount of resources available to the school district differs
from one year to another, it shall make the same proportion of
resources available to the schoolsite as was available before the
action taken pursuant to subdivision (h).
(A) The entity selected to manage a school pursuant to
subparagraph (C) of paragraph (2) of subdivision (h) shall review the
resources allocated to the schoolsite and determine if additional
resources should be made available from district funds to reasonably
support the schoolsite without detriment to the other schools and
pupils of the district.
(B) If the school does not have a management team pursuant to
subparagraph (C) of paragraph (2) of subdivision (h), the
Superintendent, in consultation with the state board, shall designate
an entity to review the resources allocated to the schoolsite and
determine if additional resources should be made available from
district funds to reasonably support the schoolsite without detriment
to the other schools and pupils of the district.
(C) If the entity selected to manage a school pursuant to
subparagraph (C) or (H) of paragraph (2) of subdivision (h) or the
entity chosen by the Superintendent pursuant to paragraph (1) of
subdivision (h) is unable to obtain the information necessary to make
this determination, the entity may request that the Superintendent
and state board intervene to obtain the necessary documents.
(D) Any dispute between the entity selected to manage a school
pursuant to subparagraph (C) or (H) of paragraph (2) of subdivision
(h) or the entity chosen by the Superintendent pursuant to paragraph
(1) of subdivision (h) and the school district over resource
allocations shall be resolved by the Superintendent, in consultation
with the state board.
(2) Continue its current ownership status with respect to the
schoolsite.
(3) Continue to provide the same insurance coverage as before the
action taken pursuant to subdivision (b) with respect to property,
liability, errors and omissions, and other regularly provided
policies.
(4) Name the Superintendent and the department as additional
insureds upon transfer of legal rights, duties, and responsibilities
to the Superintendent.
(5) Continue to provide facilities support, including maintenance,
if appropriate to the management arrangement, and full schoolsite
participation in bond financing.
(6) Remain involved with the school throughout the sanctions
period.
(l) If the state board approves, the governing board of the school
district may retain its legal rights, duties, and responsibilities
with respect to that school.
(m) A school deemed state monitored pursuant to subdivision (h)
that achieves significant growth, as determined by the state board,
after it has undergone state monitoring for two consecutive API
reporting cycles shall exit state monitoring, as defined in
subdivision (g). A school shall exit the program if it meets the
requirements specified in subdivision (e) or (f).
(n) Thirty-six months after the Superintendent assigns a
management team, trustee, or a school assistance and intervention
team to a schoolsite, if the management team, trustee, or school
assistance and intervention team fails to assist the school in making
significant growth on the API, as determined by the state board, the
Superintendent shall remove the management team, trustee, or school
assistance and intervention team from providing services at the
schoolsite. Additionally, the Superintendent shall do at least one of
the following:
(1) Require the school district to ensure, using available federal
funds, that 100 percent of the teachers at the schoolsite are highly
qualified, as defined by the state for the purposes of the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
(2) (A) Require the school district to contract, using available
federal, state, and local funds, with an outside entity to provide
supplemental instruction to high-priority pupils and assign a
management team, trustee, or school assistance and intervention team
that has demonstrated success with other state-monitored schools.
During the period of his or her service, the trustee may stay or
rescind those actions of the governing board of the school district
or principal that, in the judgment of the trustee, detrimentally may
affect the conditions of the state-monitored school to which the
trustee is assigned.
(B) For the purposes of this section, in order to facilitate the
appointment of the trustee and the employment of any necessary staff,
the Superintendent is exempt from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code and Part 2 (commencing with Section 10100)
of the Public Contract Code.
(C) Notwithstanding any other provision of law, if the
Superintendent appoints an employee of the department to act as
trustee pursuant to this section, the salary and benefits of that
employee shall be established by the Superintendent and paid by the
school district. During the time of appointment, the employee is an
employee of the school district, but shall remain in the same
retirement system and under the same plan as if the employee had
remained in the department. Upon the expiration or termination of the
appointment, the employee shall have the right to return to his or
her former position, or to a position at substantially the same level
as that position, with the department. The time served in the
appointment shall be counted for all purposes as if the employee had
served that time in his or her former position with the department.
(D) Following the assignment of a management team, trustee, or
school assistance and intervention team pursuant to this subdivision,
if the school makes significant growth on the API, as determined by
the state board, in two API reporting cycles, the school shall exit
the Immediate Intervention/Underperforming Schools Program and is no
longer subject to the requirements of the program.
(3) Allow parents of pupils enrolled at the school to apply
directly to the state board to establish a charter school at the
existing schoolsite.
(4) Close the school.
(o) If a school assistance and intervention team does not fulfill
its legal obligations under this section, the governing board of the
school district may seek permission from the Superintendent, with the
approval of the state board, to contract with a different school
assistance and intervention team. Upon a finding that the school
assistance and intervention team has not fulfilled its legal
obligations under this section, the Superintendent, with the approval
of the state board, may remove the school assistance and
intervention team from the state list of eligible providers.
(p) In addition to the actions listed in subdivision (h), the
Superintendent, in consultation with the state board, may take any
other action considered necessary or desirable against the school
district or the school district governing board, including
appointment of a new superintendent or suspension of the authority of
the governing board with respect to a school that does not meet its
growth targets within the periods described in subdivision (c), and
has failed to show significant growth, as determined by the state
board.
(q) Before the Superintendent may take any action against a
principal pursuant to subdivision (h), the Superintendent or a
designee of the Superintendent, which may be a panel consisting of
the county superintendent of schools of the county in which the
school is located or an adjoining county, one principal with
experience in a similar type of school, and the superintendent of the
school district in which the state-monitored school is located,
shall do the following:
(1) Hold an informal hearing to determine whether there are
sufficient issues to proceed to a formal hearing. The informal
hearing shall be held in a closed session. The principal, and his or
her representative, and a school district representative may be
present at the informal hearing. The decision on whether to proceed
to a formal hearing shall be posted and presented at a regularly
scheduled public meeting of the governing board of the school
district. If the decision is not to proceed to a formal hearing, the
posting and presentation shall explain the rationale for this
decision. This item may not be a consent item on the agenda.
(2) Hold a formal hearing on the matter in the school district.
Evidence to support the findings made at the formal hearing shall be
presented and discussed in a closed session. The principal, or his or
her representative, and a school district representative may be
present in the closed session. The findings shall be posted and
presented at a regularly scheduled public meeting of the governing
board of the school district. This item may not be a consent item on
the agenda. The governing board shall give adequate time for public
input and response to findings. The purpose of the hearing shall be
to make both of the following findings:
(A) Whether the principal had the authority to take specific
enumerated actions that would have helped the school meet its
performance goals.
(B) Whether the principal failed to take specific enumerated
actions pursuant to subparagraph (A).
(r) An action taken pursuant to subdivision (h), (i), (j), or (k)
shall not increase local costs or require reimbursement by the
Commission on State Mandates.
(s) An action taken pursuant to subdivision (h), (i), (j), or (k)
shall be accompanied by specific findings by the Superintendent and
the state board that the action is directly related to the identified
causes for continued failure by a school to meet its performance
goals.
(t) (1) Notwithstanding subdivision (a), a school participating in
the grant program that received a planning grant pursuant to
subdivision (f) of Section 52053 in the 1999-2000 fiscal year is
eligible to receive funding pursuant to Section 52055.600 in the
2002-03 fiscal year only.
(2) Notwithstanding subdivision (a), a school participating in the
grant program that received a planning grant pursuant to subdivision
(l) of Section 52053 in the 2000-01 fiscal year is eligible to
receive funding pursuant to Section 52055.600 in the 2002-03 and
2003-04 fiscal years only.
(3) Notwithstanding subdivision (a), a school participating in the
grant program that received a planning grant pursuant to subdivision
(l) of Section 52053 in the 2001-02 fiscal year is eligible to
receive funding pursuant to Section 52055.600 in only the 2002-03,
2003-04, and 2004-05 fiscal years.
(u) Notwithstanding the growth target timelines set forth in
subdivisions (b), (c), (e), and (f), a school that receives funds
pursuant to Section 52055.600 during the 2002-03 or 2003-04 fiscal
year shall meet the growth target specified in subdivision (b) no
later than December 31, 2004, and the growth target specified in
subdivisions (c), (e), and (f) no later than December 31, 2005.
(v) Notwithstanding the growth target timelines set forth in
subdivisions (b), (c), (e), and (f), a school that receives funds
pursuant to Section 52055.600 during the 2005-06 or 2006-07 fiscal
year shall meet the growth target specified in subdivision (b) no
later than December 31, 2009, and the growth target specified in
subdivisions (c), (e), and (f) no later than December 31, 2010.
(w) Thirty-six months after allocating funding under subdivision
(d) of Section 52055.600, the Superintendent shall provide the state
board and the Legislature with recommendations regarding necessary
modifications of the Education Code and procedures specific to the
programs funded under subdivision (d) of Section 52055.600.
52055.655. (a) Notwithstanding subdivision (c) of Section
52055.650, a school participating in the High Priority Schools Grant
Program that meets or exceeds its API growth target shall continue to
receive funding under this program in the amount specified in
Sections 52054.5 and 52055.600 for one additional year of
implementation, less the amount received pursuant to Section 52057.
(b) From funds made available to the department pursuant to
Chapter 749 of the Statutes of 2001, the department shall conduct a
study on the issue of sustainability of fun