48352.
For purposes of this article, the following definitions apply:(a) “Low-achieving school” means any school identified by the Superintendent pursuant to the following:
(1) The Superintendent annually shall create a list of up to 1,000 schools ranked by increasing Academic Performance Index (API) score, comprised of the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008–09 school year.
(2) In constructing the list of up to 1,000 schools each year, the Superintendent shall ensure each of the following:
(A) A local
educational agency shall not have more than 10 percent of its schools on the list. To calculate the maximum number of schools that a local educational agency may have on the list, the Superintendent shall divide the number of schools in the local educational agency by 10. If the resulting ratio is not a whole number, the Superintendent shall round that ratio up to the next whole number. This rounded whole number is the maximum number of schools in the local educational agency that may be identified on the list.
(B) A school shall not be included on the list if either of the following conditions exist:
(i) The school has an API score of 700 or above.
(ii) The school has prior year API growth of 50 points or more.
(C) Court, community, community day
schools, county offices of education operating a special education program, and state special schools shall not be included on the list.
(3) A school shall only be identified as a low-achieving school for purposes of this article if the school is identified on the list for two consecutive years.
(b) “Parent” means the natural or adoptive parent or guardian of a dependent child.
(c) “School district of enrollment” means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this article.
(d) “School district of residence” means a school district in which the parent of a pupil resides and in which the pupil would otherwise be
required to enroll pursuant to Section 48200.