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AB-3096 School Accountability Report Card.(2017-2018)

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Date Published: 07/05/2018 11:47 AM
AB3096:v95#DOCUMENT

Amended  IN  Senate  July 05, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  May 01, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3096


Introduced by Assembly Member Rubio

February 16, 2018


An act to amend Sections 32286, 33126, 33126.1, 33352, 35256, 35258, 41409, 44258.9, 56366, and 60800 of, and to repeal Sections 33126.15, 35256.1, and 41409.3 of, the Education Code, relating to school accountability.


LEGISLATIVE COUNSEL'S DIGEST


AB 3096, as amended, Rubio. School Accountability Report Card.
(1) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, requires the governing board of each school maintaining an elementary or secondary school to develop and cause to be implemented for each school in the school district a school accountability report card that includes specified information. The act prohibits any change to its provisions, except a change to further its purposes enacted by a bill passed by a vote of 2/3 of the Legislature and signed by the Governor.
This bill would revise and recast the provisions relating to the School Accountability Report Card. The bill would revise the provisions requiring specified information to be included in the School Accountability Report Card. The bill would require the Superintendent of Public Instruction to develop a standardized School Accountability Report Card to simplify the process and make the information more meaningful to the public. The bill would also require the Superintendent to develop a standardized template for school districts to use for certain data required to be included in the School Accountability Report Card. The bill would require the Superintendent to annually post, to the extent possible, commencing with the 2019–20 school year, the completed and viewable School Accountability Report Card for each school on the Internet, on or before February 1.
The bill would require the governing board of each school district to annually publicize the availability of the School Accountability Report Card for each school in the school district, and would require each school district that is connected to the Internet to provide a link to the information contained in the School Accountability Report Card on the school district’s Internet Web site. To the extent the bill would impose additional requirements on school districts, the bill would impose a state-mandated local program.
The bill would state that the Legislature finds and declares that the changes made to the act by these provisions further the purposes of the act.
(2) This bill would also delete obsolete provisions and make clarifying and conforming changes.
(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.
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 the statutory provisions noted above.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The Classroom Instructional Improvement and Accountability Act, approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, included provisions for a School Accountability Report Card (SARC). The declared purpose of the SARC was to promote model statewide standards of instructional accountability and conditions for teaching and learning.
(b) Since adoption of Proposition 98 in 1988, the State of California has enacted numerous additions and improvements with the intent and purpose of improving instructional conditions for teaching, learning, and accountability. California adopted state academic content standards, including the Common Core State Standards for English language arts and mathematics, the Next Generation Science Standards, standards in history-social science, and the California English Language Development Standards. Statewide assessments, such as the California Assessment of Student Performance and Progress (CAASPP) and the English Language Proficiency Assessments for California, have been adopted to measure pupil progress in meeting academic content standards and becoming proficient in English.
(c) The local control funding formula (LCFF), adopted in 2013, changed school funding formulas to focus additional resources on pupils who are from low-income households, English learners, and foster youth. A critical component of the LCFF is its requirement for each local educational agency to adopt a local control and accountability plan (LCAP) to establish measurable goals and direct resources to improve outcomes in state-defined priority areas centered on conditions for teaching and learning. The California Accountability Model and School Dashboard (Dashboard) is based on the LCFF and provides information about how local educational agencies and schools are meeting the needs of California’s diverse pupil population using a set of multiple measures.
(d) The California Longitudinal Pupil Achievement Data System (CALPADS) became operational in 2009. It allows tracking of an individual pupil’s academic performance over time. The system is also foundational to the State Department of Education’s public reporting of aggregate level data on pupil achievement, such as the CAASPP, DataQuest, the Dashboard, and the Dashboard Alternative School Status (DASS) Internet Web sites.
(e) The provisions of this act maintain important data elements in the SARC while updating and streamlining the SARC to be consistent with the LCFF and LCAP state priorities. This alignment will allow local educational agencies to better meet local needs, enhance focus on the state priorities at the school level, and minimize local efforts in meeting state and federal accountability requirements. To the extent possible, the SARC will also align to federal accountability requirements. This revised SARC will reduce confusion for parents and community members as there will be more focus and consistency in the data that local educational agencies and schools currently provide to the public. It will also provide parents and community members with a more user-friendly and concise accountability tool to gauge school performance.

SEC. 2.

 Section 32286 of the Education Code is amended to read:

32286.
 (a) Each school shall adopt its comprehensive school safety plan by March 1, 2000, and shall review and update its plan by March 1, every year thereafter. A new school campus that begins offering classes to pupils after March 1, 2001, shall adopt a comprehensive school safety plan within one year of initiating operation, and shall review and update its plan by March 1, every year thereafter.
(b) Commencing with the 2019–20 school year, each school annually shall report on the status of its school safety plan, including the key elements, to the Superintendent on or before October 31.
(c) The department shall report the status of the school safety plan, including the key elements, for each school in the annual School Accountability Report Card prepared pursuant to Sections 33126 and 33126.1.

SEC. 3.

 Section 33126 of the Education Code is amended to read:

33126.
 (a) The School Accountability Report Card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.
(b) The School Accountability Report Card shall include, but is not limited to, assessment of the following school conditions:
(1) (A) Pupil achievement by grade level, as measured by the statewide assessment system pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, or any successor assessment approved by the state board.
(B) Pupil achievement by grade level, as measured by the results of the statewide assessment pursuant to Section 60800, or any successor assessment approved by the state board.
(2) High school dropout rates and high school graduation rates.
(3) Actual expenditures per pupil and types of services funded. This information shall include the per-pupil expenditures of federal, state, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of federal, state, and local funds, disaggregated by source of funds.
(4) The distribution of class sizes at the schoolsite by grade level and the average class size, as reported by the California Longitudinal Pupil Achievement Data System, or any successor data system.
(5) The total number of the school’s fully credentialed teachers, the number of teachers relying upon emergency credentials, and the number of teachers working without credentials, any credentials.
(6) Any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions.
(A) For purposes of this paragraph, “misassignment” means the placement of a certificated educator, which has the same meaning as certificated person as defined in Section 44006, in a teaching or services position for which the certificated educator does not hold a legally recognized credential, as defined in Section 44002, with the appropriate authorization, or the placement of a certificated educator in a teaching or services position that the certificated educator is not otherwise authorized by statute to hold, or a vacant teacher position as defined in subparagraph (B). hold.
(B) For purposes of this paragraph, “vacant teacher position” means a position to which a single-designated certificated educator has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single-designated certificated educator has not been assigned at the beginning of a semester for an entire semester.

(6)

(7) The number of qualified personnel to provide counseling and other pupil support services.

(7)

(8) Suspension and expulsion rates.

(8)

(9) The percentage of pupils who have completed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Longitudinal Pupil Achievement Data System, or any successor data system.

(9)

(10) The number of advanced placement courses offered, by subject.

(10)

(11) Career technical education data measures, including all of the following:
(A) A list of career technical education courses offered by the school.
(B) The number of pupils participating in career technical education.
(C) The percentage of pupils that complete a career technical education program and earn a high school diploma.
(D) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.

(11)

(12) The status of the school safety plan, including the key elements, pursuant to Section 32286.

(12)

(13) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other instructional materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.
(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board of a school district determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:
(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social history-social science.
(ii) Foreign language and health.
(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.
(iv) Visual and performing arts.

(13)

(14) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.
(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed.
(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the School Accountability Report Cards, as described in this section, to ensure that local educational agencies with access to the Internet make the report cards available through the Internet, and to ensure that administrators and teachers are available to answer any questions regarding the report cards.

SEC. 4.

 Section 33126.1 of the Education Code is amended to read:

33126.1.
 (a) (1) The Superintendent shall develop a standardized School Accountability Report Card pursuant to Section 33126 intended to simplify the process and make the information more meaningful to the public. The standardized School Accountability Report Card shall be designed to allow schools or school districts to download or print the School Accountability Report Card from the Internet.

(b)(1)The Superintendent shall develop a standardized template for reporting the data described in paragraphs (5), (12), and (13) of subdivision (b) of Section 33126. The template shall include both of the following:

(A)A field to report the determination of the sufficiency of textbooks and instructional materials, pursuant to Section 60119.

(B)A summary statement of the condition of school facilities, as required by Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089. The department shall provide examples of summary statements of the condition of school facilities that are acceptable and examples of these summary statements that are unacceptable.

(2)It is the intent of the Legislature that the standardized template described in this subdivision is consistent with the version of the standardized template that was last approved by the state board under the provisions of this section, as this section read on January 1, 2018.

(2) The state board may modify or reject any significant revisions to the standardized School Accountability Report Card.

(c)

(b) When the School Accountability Report Card for a school is completed, it should enable parents and guardians to compare the manner in which local schools compare to other schools within that school district as well as other schools in the state.

(d)

(c) The Superintendent shall develop and make available definitions for inclusion in the School Accountability Report Card.
(d) A school district shall be required to complete a School Accountability Report Card for each school in the school district for the 2018–19 school year pursuant to Sections 33126 and 35256 using the standardized School Accountability Report Card template that was last approved by the state board pursuant to this section, as this section read on January 1, 2018.
(e) The (1) Commencing with the 2019–20 school year, the Superintendent annually shall post, to the extent possible, post the completed and viewable School Accountability Report Card for each school pursuant to Sections 33126 and 35256 on the Internet, on or before February 1. The completed and viewable School Accountability Report Card posted by the Superintendent shall include the data specified in subdivision (b) of Section 33126 to the extent possible. If 33126.
(2) If the required data are not included, the Superintendent shall report the reasons to the Department of Finance and the appropriate policy and budget committees of the Legislature with an explanation of why and a description of corrective actions. The School Accountability Report Card shall be designed to allow schools or school districts to download or print the School Accountability Report Card from the Internet. The department shall establish model guidelines and safeguards that may be used by school districts with secured access only for those school officials authorized to make modifications.
(3) Notwithstanding paragraph (2), the Superintendent may omit data specified in subdivision (b) of Section 33126 if exceptional circumstances prevent the data from being reported in the School Accountability Report Card.
(f) The department shall maintain current Internet links with the Internet Web sites of local educational agencies pursuant to subdivision (a) of Section 35258.
(g) A nonpublic, nonsectarian school required to prepare a School Accountability Report Card pursuant to Section 56366 for which a School Accountability Report Card is not available pursuant to subdivision (e) shall report the data for its School Accountability Report Card in a manner that is consistent with the definitions developed pursuant to subdivision (d). (c).
(h) The Superintendent shall provide recommendations for changes to the California Longitudinal Pupil Achievement Data System, or a successor data system, and other data collection mechanisms to ensure that the information will be preserved and available in the future.
(i) The Superintendent shall monitor the compliance of local educational agencies with the requirements contained in this section, subdivision (c) of Section 35256, and Section 35258.
(j) (1) The Superintendent shall develop a standardized template for local educational agencies to report the data described in paragraphs (6), (13), and (14) of subdivision (b) of Section 33126, to the extent that the department does not otherwise possess or report that data. The template shall include all of the following:
(A) A field to report the determination of the sufficiency of textbooks, instructional materials aligned with the content and cycles of the curriculum frameworks adopted by the state board in mathematics, science, history-social science, English language arts, English language development, foreign language, and health, and science laboratory equipment, pursuant to Section 60119.
(B) A field to report the safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as required by Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.
(C) A field to report any assignment of teachers outside of their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions.
(2) A school district shall utilize the standardized template developed by the Superintendent pursuant to paragraph (1) to annually report the data required by paragraphs (6), (13), and (14) of subdivision (b) of Section 33126. Variances among school districts shall be permitted where necessary to account for local needs.
(3) Each school district that is connected to the Internet shall report the information described in this subdivision on the school district Internet Web site on or before October 31. On or before October 31, a school district that provides access to the information through the Internet shall furnish a current and separate Uniform Resource Locator (URL) for the Internet Web site for each school within the school district to the Superintendent.
(4) It is the intent of the Legislature that the standardized template described in this subdivision be consistent with the version of the standardized template that was last approved by the state board under the provisions of this section, as this section read on January 1, 2018.
(k) The standardized School Accountability Report Card developed pursuant to subdivision (a) shall have a field in which the Superintendent shall report the current URL for each school for the data required pursuant to subdivision (j).

SEC. 5.

 Section 33126.15 of the Education Code is repealed.

SEC. 6.

 Section 33352 of the Education Code is amended to read:

33352.
 (a) The department shall exercise general supervision over the courses of physical education in elementary and secondary schools of the state; advise school officials, school boards, and teachers in the development and improvement of their physical education and activity programs; and investigate the work in physical education in the public schools.
(b) The department shall ensure that the data collected through the categorical program monitoring indicates the extent to which each school within the jurisdiction of a school district or county office of education does all of the following that are applicable to the school:
(1) Provides instruction in physical education for a total period of time of not less than 200 minutes each 10 schooldays to pupils in grades 1 to 6, inclusive, as required pursuant to paragraph (7) of subdivision (a) of Section 51210.
(2) Provides instruction in physical education for a total period of time of not less than 400 minutes each 10 schooldays to pupils in grades 7 to 12, inclusive, as required pursuant to subdivision (a) of Section 51222.
(3) Provides instruction in physical education for a total period of time of not less than 200 minutes each 10 schooldays to pupils in an elementary school maintaining grades 1 to 8, inclusive, as required pursuant to Section 51223.
(4) Conducts physical fitness testing of pupils as required pursuant to Chapter 6 (commencing with Section 60800) of Part 33 of Division 4.
(5) Includes the results of physical fitness testing of pupils in the School Accountability Report Card as required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 33126.
(6) Offers pupils exempted from required attendance in physical education courses pursuant to paragraph (1) of either subdivision (b) or (c) of Section 51241 a variety of elective physical education courses of not less than 400 minutes every 10 schooldays.
(7) Provides a course of study in physical education to pupils in any of grades 9 to 12, inclusive, that includes a developmentally appropriate sequence of instruction, including the effects of physical activity upon dynamic health, the mechanics of body movement, aquatics, gymnastics and tumbling, individual and dual sports, rhythms and dance, team sports, and combatives.
(8) Provides instruction in physical education to pupils that provides equal opportunities for participation regardless of gender.
(9) Provides instruction in physical education to pupils in any of grades 1 to 12, inclusive, by physical education teachers who hold appropriate teaching credentials issued by the Commission on Teacher Credentialing.
(c) The department annually shall do both of the following:
(1) Submit a report to the Governor and the Legislature that summarizes the data collected through categorical program monitoring regarding the items described in paragraphs (1) to (9), inclusive, of subdivision (b).
(2) Post a summary of the data collected through categorical program monitoring regarding the items described in paragraphs (1) to (9), inclusive, of subdivision (b) on the Internet Web site of the department.

SEC. 7.

 Section 35256 of the Education Code is amended to read:

35256.
 School Accountability Report Card
(a) A The governing board of each school district shall maintain for each school in the school district a School Accountability Report Card shall be maintained for each public elementary or secondary school in the state. Card.
(b) The School Accountability Report Card shall include the conditions listed in Sections 33126 and 33126.1.
(c) The governing board of each school district annually shall publicize the availability of the School Accountability Report Card for each school in the school district, and notify parents or guardians of pupils that a hard copy of the School Accountability Report Card pursuant to subdivisions (e) and (j) of Section 33126.1 will be provided upon request.

SEC. 8.

 Section 35256.1 of the Education Code is repealed.

SEC. 9.

 Section 35258 of the Education Code is amended to read:

35258.
 (a) Each school district that is connected to the Internet shall provide a link to the information contained in the School Accountability Report Card developed pursuant to Sections 33126 and 33126.1 on the school district Internet Web site. The School Accountability Report Card information shall be updated annually pursuant to Section 33126.1. In order to ensure the currency of these Internet links, a school district that provides access to the School Accountability Report Card through the Internet shall furnish a current Uniform Resource Locator (URL) for its Internet Web site to the Superintendent.
(b) Commencing with the 2008–09 school year, each school district not connected to the Internet shall make hard copies of its annually updated School Accountability Report Card available, pursuant to subdivisions (e) and (j) of Section 33126.1 and subdivision (c) of Section 35256.

(c)(1)The School Accountability Report Card shall have a field in which each school district may include additional information.

(2)A school district shall use the field to report the data required by paragraphs (5), (12), and (13) of subdivision (b) of Section 33126, if it is not provided by the Superintendent, consistent with the standardized template described in subdivision (b) of Section 33126.1. Variances among school districts shall be permitted where necessary to account for local needs. A school district that provides access to the School Accountability Report Card through the Internet shall furnish a current URL for its Internet Web site to the Superintendent for the data described in this paragraph.

(c) A school district may include additional information related to the School Accountability Report Card on its Internet Web site or in hard copies.

SEC. 10.

 Section 41409 of the Education Code is amended to read:

41409.
 (a) Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of administrative personnel, as that term is defined in accounts 1200, 1300, 1700, 1800, and 2200 in Part I of the California School Accounting Manual published by the department. For school districts using the Standardized Account Code Structure, the term salaries of administrative personnel are defined in object accounts 1300 and 2300 in Part II of the California School Accounting Manual. The Superintendent also shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of teachers, as defined in account 1100 in Parts I and II of the California School Accounting Manual. The statewide averages shall be calculated for the following types and sizes of school districts:
District
     ADA
Elementary  ........................
less than 1,000
Elementary  ........................
1,000 to 4,999
Elementary  ........................
5,000 and greater
High School  ........................
less than 1,000
High School  ........................
1,000 to 3,999
High School  ........................
4,000 and greater
Unified  ........................
less than 1,500
Unified  ........................
1,500 to 4,999
Unified  ........................
5,000 to 9,999
Unified  ........................
10,000 to 19,999
Unified  ........................
20,000 and greater
(b) Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent shall determine the statewide average salary, by size and type of school district, for the following:
(1) Beginning, mid-range, and highest salary paid to teachers.
(2) Schoolsite principals.
(3) District superintendents.

SEC. 11.

 Section 41409.3 of the Education Code is repealed.

SEC. 12.

 Section 44258.9 of the Education Code is amended to read:

44258.9.
 (a) The Legislature finds that continued monitoring of teacher assignments by county superintendents of schools will ensure that the rate of teacher misassignment remains low. To the extent possible and with funds provided for that purpose, each county superintendent of schools shall perform the duties specified in subdivisions (b) and (c).
(b) (1) Each county superintendent of schools shall monitor and review school district certificated employee assignment practices in accordance with the following:
(A) Annually monitor and review schools and school districts that are likely to have problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) (6) of subdivision (b) of Section 33126, based on past experience or other available information.
(B) Annually monitor and review schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, if those schools are not currently under review through a state or federal intervention program. If a review completed pursuant to this subparagraph finds that a school has no teacher misassignments or teacher vacancies for two consecutive years, the next review of that school may be conducted according to the cycle specified in subparagraph (C), unless the school meets the criteria of subparagraph (A).
(C) All other schools on a four-year cycle.
(2) Each county superintendent of schools shall investigate school and school district efforts to ensure that a credentialed teacher serving in an assignment requiring a certificate issued pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 completes the necessary requirements for these certificates or completes the required training.
(3) The Commission on Teacher Credentialing commission shall be responsible for the monitoring and review of those counties or cities and counties in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco. All information related to the misassignment of certificated personnel and teacher vacancies shall be submitted to each affected school district within 30 calendar days of the monitoring activity.
(c) County superintendents of schools shall submit an annual report to the Commission on Teacher Credentialing commission and the department summarizing the results of all assignment monitoring and reviews. These reports shall include, but need not be limited to, the following:
(1) The numbers of teachers assigned and types of assignments made by the governing board of a school district under the authority of Sections 44256, 44258.2, and 44263.
(2) Information on actions taken by local committees on assignment, including the number of assignments authorized, subject areas into which committee-authorized teachers are assigned, and evidence of departures from the implementation plans presented to the county superintendent of schools by school districts.
(3) Information on each school district reviewed regarding misassignments of certificated personnel, including efforts to eliminate these misassignments.
(4) (A) Information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, to ensure that, at a minimum, in any class in these schools in which 20 percent or more pupils are English learners, the assigned teacher possesses a certificate issued pursuant to Section 44253.3 or 44253.4, or has completed training pursuant to Section 44253.10, or is otherwise authorized by statute.
(B) This paragraph shall not relieve a school district from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of “misassignment” in subparagraph (B) of paragraph (5) (6) of subdivision (b) of Section 33126.
(5) After consultation with representatives of county superintendents of schools, other information as may be determined to be needed by the Commission on Teacher Credentialing. commission.
(d) The Commission on Teacher Credentialing commission shall submit biennial reports to the Legislature concerning teacher assignments and misassignments that shall be based, in part, on the annual reports of the county superintendents of schools.
(e) (1) (A) The Commission on Teacher Credentialing commission shall establish reasonable sanctions for the misassignment of credentialholders.

Prior to

(B) Before the implementation of regulations establishing sanctions, the Commission on Teacher Credentialing commission shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within the offices of county superintendents of schools of the regulations and statutes affecting the assignment of certificated personnel. These activities shall include the preparation of instructive brochures and the holding of regional workshops.
(2) Commencing July 1, 1989, a certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify the county superintendent of schools in writing of the illegal assignment. The county superintendent of schools, within 15 working days, shall advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the employee under Sections 44660 to 44664, inclusive, in any misassigned subject shall be nullified.
(3) The county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which he or she has no legal authorization of the misassignment and shall advise him or her to correct the assignment within 30 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing commission of the misassignment if the certificated school administrator has not corrected the misassignment within 30 days of the initial notification, or if the certificated school administrator has not described, in writing, within the 30-day period, to the county superintendent of schools the extraordinary circumstances which that make this correction impossible.
(4) The county superintendent of schools shall notify the superintendent of a school district in which 5 percent or more of all certificated teachers in the secondary schools are found to be misassigned of the misassignments and shall advise him or her to correct the misassignments within 120 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing commission of the misassignments if the school district superintendent has not corrected the misassignments within 120 days of the initial notification, or if the school district superintendent of schools has not described, in writing, within the 120-day period, to the county superintendent of schools the extraordinary circumstances that make this correction impossible.
(f) An applicant for a professional administrative service credential shall be required to demonstrate knowledge of existing credentialing laws, including knowledge of assignment authorizations.
(g) The Superintendent shall submit a summary of the reports submitted by county superintendents of schools pursuant to subdivision (c) to the Legislature. The Legislature may hold, within a reasonable period after receipt of the summary, public hearings on pupil access to teachers and to related statutory provisions. The Legislature also may assign one or more of the standing committees or a joint committee, to determine the following:
(1) The effectiveness of the reviews required pursuant to this section.
(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) (6) of subdivision (b) of Section 33126.
(3) The need, if any, to assist schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as defined in paragraph (2) of subdivision (c) of Section 1240, to eliminate vacancies and misassignments.

SEC. 12.SEC. 13.

 Section 56366 of the Education Code is amended to read:

56366.
 It is the intent of the Legislature that the role of a nonpublic, nonsectarian school or agency shall be maintained and continued as an alternative special education service available to a local educational agency and parents.
(a) The master contract for nonpublic, nonsectarian school or agency services shall be developed in accordance with the following provisions:
(1) The master contract shall specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the nonpublic, nonsectarian school or agency and the local educational agency to provide the special education and designated instruction and services, as well as transportation specified in each pupil’s individualized education program. The administrative provisions of the contract also shall include procedures for recordkeeping and documentation, and the maintenance of school records by the contracting local educational agency to ensure that appropriate high school graduation credit is received by each pupil. The contract may allow for partial or full-time attendance at the nonpublic, nonsectarian school.
(2) (A) The master contract shall include an individual services agreement for each pupil placed by a local educational agency that will be negotiated for the length of time for which nonpublic, nonsectarian school or agency special education and designated instruction and services are specified in the pupil’s individualized education program.
(B) The master contract shall include a description of the process being utilized by the local educational agency to oversee and evaluate placements in nonpublic, nonsectarian schools, as required by federal law. This description shall include a method for evaluating whether each pupil is making appropriate educational progress. At least once every year, the local educational agency shall do all of the following and, to the extent possible, the following shall be conducted as part of the development and provision of an individualized education program:
(i) Evaluate the educational progress of each pupil placed in a nonpublic, nonsectarian school, including all state assessment results pursuant to the requirements of Section 52052.
(ii) Consider whether or not the needs of the pupil continue to be best met at the nonpublic, nonsectarian school and whether changes to the individualized education program of the pupil are necessary, including whether the pupil may be transitioned to a public school setting. This consideration shall be made at the meeting required by subdivision (d) of Section 56343.
(C) In the case of a nonpublic, nonsectarian school that is owned, operated by, or associated with a licensed children’s institution, the master contract shall include a method for evaluating whether the nonpublic, nonsectarian school is in compliance with the mandate set forth in Section 56366.9 of this code and subdivision (b) of Section 1501.1 of the Health and Safety Code.
(3) (A) Changes in educational instruction, services, or placement provided under contract may only be made on the basis of revisions to a pupil’s individualized education program.
(B) At any time during the term of the contract or individual services agreement, the parent, the nonpublic, nonsectarian school or agency, or the local educational agency may request a review of a pupil’s individualized education program by the individualized education program team. Changes in the administrative or financial agreements of the master contract that do not alter the individual services agreement that outlines each pupil’s educational instruction, services, or placement may be made at any time during the term of the contract as mutually agreed by the nonpublic, nonsectarian school or agency and the local educational agency.
(4) The master contract or individual services agreement may be terminated for cause. The cause shall not be the availability of a public class initiated during the period of the contract unless the parent agrees to the transfer of the pupil to a public school program. To terminate the contract either party shall give 20 days’ notice.
(5) The nonpublic, nonsectarian school or agency shall provide all services specified in an individualized education program, unless the nonpublic, nonsectarian school or agency and the local educational agency agree otherwise in the contract or individual services agreement.
(6) Related services provided pursuant to a nonpublic, nonsectarian agency master contract shall only be provided during the period of a pupil’s regular or extended school year program, or both, unless otherwise specified by the pupil’s individualized education program.
(7) The nonpublic, nonsectarian school or agency shall report attendance of pupils receiving special education and designated instruction and services, as defined by Section 46307, for purposes of submitting a warrant for tuition to each contracting local educational agency.
(8) (A) A nonpublic, nonsectarian school is subject to the alternative accountability system developed pursuant to Section 52052 in the same manner as public schools and each pupil placed in the nonpublic, nonsectarian school by a local educational agency shall be tested by qualified staff of the nonpublic, nonsectarian school in accordance with that accountability program. The test results shall be reported by the nonpublic, nonsectarian school to the department.
(B) Beginning with the 2006–07 school year testing cycle, each nonpublic, nonsectarian school shall determine its California Assessment of Student Performance and Progress period subject to subdivisions (b) and (c) of Section 60640. The nonpublic, nonsectarian school shall determine this period based on completion of 85 percent of the instructional year at that nonpublic, nonsectarian school, plus and minus 10 days, resulting in a 21-day period. Each nonpublic, nonsectarian school shall notify the district of residence of a pupil enrolled in the school of its testing period. Staff at the nonpublic, nonsectarian school who administer the assessments shall attend the regular testing training sessions provided by the district of residence. If staff from a nonpublic, nonsectarian school have received training from one local educational agency, that training shall be sufficient for all local educational agencies that send pupils to the nonpublic, nonsectarian school. The district of residence shall order testing materials for its pupils that have been placed in the nonpublic, nonsectarian school. The board shall adopt regulations to facilitate the distribution of and collection of testing materials.
(9) With respect to a nonpublic, nonsectarian school, the school shall prepare a School Accountability Report Card in accordance with Section 33126 and the definitions developed by the Superintendent pursuant to subdivision (d) (c) of Section 33126.1.
(b) (1) The master contract or individual services agreement shall not include special education transportation provided through the use of services or equipment owned, leased, or contracted by a local educational agency for pupils enrolled in the nonpublic, nonsectarian school or agency unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency.
(2) The Superintendent shall withhold 20 percent of the amount apportioned to a local educational agency for costs related to the provision of nonpublic, nonsectarian school or agency placements if the Superintendent finds that the local educational agency is in noncompliance with this subdivision. This amount shall be withheld from the apportionments in the fiscal year following the Superintendent’s finding of noncompliance. The Superintendent shall take other appropriate actions to prevent noncompliant practices from occurring and report to the Legislature on those actions.
(c) (1) If a pupil is enrolled in a nonpublic, nonsectarian school or agency with the approval of the local educational agency prior to agreement to a contract or individual services agreement, the local educational agency shall issue a warrant, upon submission of an attendance report and claim, for an amount equal to the number of creditable days of attendance at the per diem tuition rate agreed upon before the enrollment of the pupil. This provision shall be allowed for 90 days during which time the contract shall be consummated.
(2) If after 60 days the master contract or individual services agreement has not been finalized as prescribed in paragraph (1) of subdivision (a), either party may appeal to the county superintendent of schools, if the county superintendent of schools is not participating in the local plan involved in the nonpublic, nonsectarian school or agency contract, or the Superintendent, if the county superintendent of schools is participating in the local plan involved in the contract, to negotiate the contract. Within 30 days of receipt of this appeal, the county superintendent of schools or the Superintendent, or his or her designee, shall mediate the formulation of a contract, which shall be binding upon both parties.
(d) A master contract for special education and related services provided by a nonpublic, nonsectarian school or agency shall not be authorized under this part, unless the school or agency has been certified as meeting those standards relating to the required special education and specified related services and facilities for individuals with exceptional needs. The certification shall result in the nonpublic, nonsectarian school or agency receiving approval to educate pupils under this part for a period no longer than 18 months from the date of the initial approval.
(e) By September 30, 1998, the procedures, methods, and regulations for the purposes of contracting for nonpublic, nonsectarian school and agency services pursuant to this section and for reimbursement pursuant to Sections 56836.165 and 56836.20 shall be developed by the Superintendent in consultation with statewide organizations representing providers of special education and designated instruction and services. The regulations shall be established by rules and regulations issued by the board.

SEC. 13.SEC. 14.

 Section 60800 of the Education Code is amended to read:

60800.
 (a) During the month of February, March, April, or May, the governing board of each school district maintaining any of grades 5, 7, and 9 shall administer to each pupil in those grades the physical performance test designated by the state board. Each pupil with a physical disability and each pupil who is physically unable to take all of the physical performance test shall be given as much of the test as his or her condition will permit.
(b) Upon request of the department, a school district shall submit to the department, at least once every two years, the results of its physical performance testing.
(c) Pupils shall be provided with their individual results after completing the physical performance testing. The test results may be provided orally as the pupil completes the testing.
(d) The Superintendent shall report the aggregate results of physical performance testing administered pursuant to this section in the School Accountability Report Card pursuant to Sections 33126 and 33126.1.

SEC. 14.SEC. 15.

 The Legislature finds and declares that this act furthers the purposes of The Classroom Instructional Improvement and Accountability Act.

SEC. 15.SEC. 16.

 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.