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AB-1217 Pupil instruction: state school: STEM instruction.(2017-2018)



Current Version: 09/08/17 - Amended Senate        


AB1217:v91#DOCUMENT

Amended  IN  Senate  September 08, 2017
Amended  IN  Senate  September 01, 2017
Amended  IN  Senate  July 19, 2017
Amended  IN  Senate  July 06, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 28, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1217


Introduced by Assembly Member Bocanegra and Senator Portantino
(Principal coauthor: Senator Portantino)(Coauthor: Assembly Member Acosta)

February 17, 2017


An act to add and repeal Chapter 2.7 (commencing with Section 59170) of Part 32 of Division 4 of Title 2 of the Education Code, relating to pupil instruction.


LEGISLATIVE COUNSEL'S DIGEST


AB 1217, as amended, Bocanegra. Pupil instruction: state school: STEM instruction.
Existing law establishes a system of public elementary and secondary education in this state. Existing law establishes local educational agencies, including school districts and county offices of education, throughout the state, and authorizes these agencies to provide instruction to pupils in kindergarten and grades 1 to 12, inclusive.
This bill would establish a state school located in a county with a population of more than 3,500,000. The bill would require the state school to be governed by a nonprofit public benefit corporation for the purpose of providing outstanding and innovative instruction in science, technology, engineering, and mathematics (STEM) to historically underrepresented pupils in grades 6 to 12, inclusive. The bill would require the state school to complete a plan that governs the education of its pupils and the operation of the school in accordance with a specified timeline and prescribed criteria.
The bill would require the Superintendent of Public Instruction to oversee, monitor, and report on the operation of the state school, as specified. The bill would require the state school to annually prepare and submit several reports to the Superintendent, as specified. The bill would provide that, except as provided in this bill, the state school would be exempt from the statutes that govern school districts.
The bill would express the finding and declaration of the Legislature that the state school would be part of the Public School System, as defined in the California Constitution.
The bill would make these provisions inoperative on the first July 1 occurring after the state school has operated for 5 full school years.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 2.7 (commencing with Section 59170) is added to Part 32 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER  2.7. State School for Instruction in Science, Technology, Engineering, and Mathematics (STEM)

59170.
 (a) (1) The State of California is committed to expanding opportunities to engage and prepare pupils, particularly unduplicated pupils, to become future leaders in the state’s economic hub of science, technology, engineering, and mathematics (STEM) sectors.
(2) There is hereby established a state school, located in a county with a population of more than 3,500,000, governed by a nonprofit public benefit corporation for the purpose of providing outstanding and innovative instruction in the STEM subjects to historically underrepresented pupils in grades 6 to 12, inclusive, and that is reflective of the diverse demographics of the county in which the state school is located. The state school shall develop and provide an excellent and equitable STEM education to a demographically representative pupil population, thereby equipping them with the knowledge and skills essential to navigating a rapidly evolving technological world. The state school shall enlist the cooperation and collaboration of public K–12 schools, institutions of higher education, and industry to elevate the educational opportunities for unduplicated youth, to prepare them for advanced study and careers in the STEM fields, and to spread innovation in STEM education across all California public K–12 schools.
(3) The state school shall complete a plan that governs the education of its pupils and the operation of the school, and shall submit the plan for review and approval by the Superintendent. Before adopting the plan, the governing body of the state school shall respond to any comments and feedback provided by the Superintendent with confirmation that the plan will be amended or the reason or reasons why the plan will not be amended. No later than 30 days before adoption of the plan, the Superintendent shall approve the plan, unless the Superintendent makes a written finding that the plan does not address one or more of the required elements specified in subparagraphs (A) to (Q), inclusive. The Superintendent may also provide comments and feedback on the contents of the plan. The governing body of the state school shall present the plan in a public hearing and solicit public comment. The plan shall be adopted by the governing body of the state school in a subsequent public hearing no later than 90 days before the opening of the school. The plan shall include, but not necessarily be limited to, content that identifies all of the following:
(A) Those whom the state school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. Goals identified in the plan shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(B) The annual goals for the state school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the state school, and specific annual actions to achieve those goals. The plan may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(C) If the proposed state school will serve high school pupils, the manner in which the school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the state school that are accredited by the Western Association of Schools and Colleges may be considered transferable, and courses approved by the University of California or the California State University as creditable under the “A-G” admissions criteria may be considered to meet college entrance requirements.
(D) The measurable pupil outcomes identified for use by the state school. “Pupil outcomes,” for purposes of this chapter, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement, both schoolwide and for all groups of pupils served by the state school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the state school.
(E) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(F) (i) The governance structure of the state school, including, but not necessarily limited to, the process to be followed by the school to ensure parental involvement. At a minimum, there There shall be a governing body composed of seven members, with two members appointed by the Governor, one of whom shall be a current certificated employee of a school district located in a county with a population of more than 3,500,000; one member being a representative from a University of California campus located in a county with a population of more than 3,500,000; one member being a representative from a science and technology institution of higher education that manages a jet propulsion laboratory located in a county with a population of more than 3,500,000; one member appointed by the Senate Committee on Rules, who shall be a current classified employee of a school district located in a county with a population of more than 3,500,000; and one member appointed by the Speaker of the Assembly, who shall be a current member of the governing board of a school district located in a county with a population of more than 3,500,000.
(ii) The governing body of the state school shall comply with the Bagley-Keene Open Meeting Act pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, holding all meetings at the schoolsite, the California Public Records Act pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, and the Political Reform Act of 1974 pursuant to Chapter 7 (commencing with Section 87100) of Title 9 of the Government Code.
(G) The qualifications to be met by individuals to be employed by the state school.
(H) The procedures that the state school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the state school furnish it with a criminal record summary as described in Section 44237.
(I) The means by which the state school will achieve diversity among its pupils, including, but not limited to, diversity in socioeconomic status that is reflective of the general population residing within the territorial jurisdiction of the school district and county in which the state school is located.
(J) Admission requirements: the governing body of the state school shall establish a policy that provides priority in admission to unduplicated pupils as defined in Section 42238.02. It is the intent of the Legislature that the student body of the state school be reflective of the diversity of the school district and county in which the state school is located. The admission policies shall not include any of the following requirements:
(i) Minimum academic performance, including, but not necessarily limited to, grades and assessment scores.
(ii) Participation in extracurricular activities.
(iii) Requirement for parents or legal guardians to complete volunteer hours.
(K) For English learner pupils, the state school shall comply with Section 313 regarding language proficiency, assessment, and reclassification.
(L) The manner in which annual, independent financial audits employing generally accepted accounting principles shall be conducted, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the Superintendent, who is required to oversee the state school pursuant to subdivision (j). An auditor performing the financial and compliance audits required under this chapter shall be selected by the state school from the Certified Public Accountants Directory Service for K–12 local educational agency audits maintained by the Controller.
(M) The procedures by which pupils can be suspended or expelled.
(N) The manner by which staff members of the state school will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.
(O) The procedures to be followed by the state school in resolving disputes related to the educational plan or procedures, or both, of the school, including involvement by the Superintendent.
(P) The procedures to be used if the state school closes. The procedures shall ensure a final audit of the state school to determine the disposition of all assets and liabilities of the state school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(Q) A declaration of whether or not the state school shall be deemed the exclusive public employer of the employees of the state school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(b) (1) The state school shall meet all statewide standards authorized in statute, and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any successor provisions.
(2) The state school shall be subject to the technical assistance request and referral requirements for the California Collaborative for Education Excellence as prescribed in Section 52074.
(3) (A) The state school shall provide free assistance with transportation to and from the state school, or to and from the site of a state school program, to an unduplicated pupil, as defined in Section 42238.02, of the state school at the request of a parent or legal guardian of that pupil.
(B) The state school shall provide transportation assistance pursuant to this paragraph to an unduplicated pupil, as defined in Section 42238.02, who lives up to 30 miles from the site of the state school.
(C) The state school may provide transportation assistance to any pupil enrolled at the state school.
(D) The state school shall not charge any fees for transportation assistance that it offers pursuant to this paragraph.
(c) The state school shall, on a regular basis, consult with its parents, legal guardians, and teachers regarding the school’s educational programs.
(d) In addition to any other requirement imposed under this chapter, the state school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Sections 220 and 221.5.
(e) The state school shall admit all pupils who wish to attend the school and who meet the requirements specified in subparagraph (J) of paragraph (3) of subdivision (a).
(1) If the number of pupils who wish to attend the state school exceeds the school’s capacity, attendance, except for existing pupils of the state school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the state school and pupils who reside in the school district and county. In implementing this process, the state school shall adhere to the admission requirements specified in subparagraph (J) of paragraph (3) of subdivision (a).
(2) In the event of a drawing, the governing body of the state school shall make reasonable efforts to accommodate the growth of the school and shall not take any action to impede the state school from expanding enrollment to meet pupil demand.
(3) If a pupil is expelled or leaves the state school without graduating or completing the school year for any reason, the state school shall notify the superintendent of the school district within which is located the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report cards, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(f) Teachers in the state school shall hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. It is the intent of the Legislature that the state school may employ qualified university faculty and STEM professionals to work collaboratively with certificated teachers in instructing pupils. All core academic instruction shall be conducted under the direct supervision of a teacher with appropriate certification.
(g) The state school shall provide for an annual audit of all funds under its jurisdiction in the same manner as a charter school pursuant to Sections 41020, 41344, and 41344.1. The state school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (L) of paragraph (3) of subdivision (a), to the Superintendent and the Controller by December 15 of each year.
(h) (1) The state school shall be deemed a public school for the purposes of Section 8 of Article IX of the California Constitution with regard to the appropriation of public moneys to be apportioned to the state school established pursuant to this section. For the purposes of calculating and reporting average daily attendance for the state school, the requirements of Sections 41601 and 47612 shall apply.
(2) Notwithstanding any other law and as a condition of receiving an apportionment, the state school shall meet minimum instructional minute requirements for grades 6 to 12, inclusive, as prescribed in subdivisions (a) and (c) of Section 47612.5, shall be subject to the same penalties pursuant to Section 47612.6, and shall be subject to the same minimum instructional day requirements that are required of a charter school.
(3) For purposes of receiving apportionments under the local control funding formula, the state school shall receive funding in the same manner as a traditional, newly operated charter school pursuant to Sections 42238.02 and 42238.03.
(4) For purposes of receiving an apportionment from the Education Protection Account in accordance with Section 36 of Article XIII of the California Constitution, the state school shall receive the minimum funding level of two hundred dollars ($200) per unit of average daily attendance, consistent with the requirement applicable to a newly operated charter school.
(5) For purposes of receiving payments from the California State Lottery Education Fund pursuant to Section 8880.5 of the Government Code, the state school shall be deemed to be a public school district.
(6) The state school is prohibited from earning average daily attendance or receiving apportionments for nonclassroom based instruction pursuant to subdivision (d) of Section 47612.5 and independent study pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28.
(i) (1) The state school may apply for funding under the Charter School Facility Grant Program established pursuant to Section 47614.5 and school facility programs for charter schools operated by the California School Financing Authority, provided that it meets the specified criteria for each program.
(2) The state school shall educate pupils in a facility that meets the California Building Standards Code (Part 2 (commencing with Section 101) of Title 24 of the California Code of Regulations), as adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the state school is located, or the Field Act, as defined in Section 17281. Any construction or modernization project for the state school shall employ a project labor agreement.
(3) The state school shall be prohibited from incurring bond indebtedness and is ineligible for a school facility under the Smaller Classes, Safer Schools and Financial Accountability Act as established by Section 47614.
(j) (1) The Superintendent shall oversee, monitor, and report on the operation of the state school. The Superintendent shall conduct a review of both of the following regarding the state school:
(A) The independent financial audit.
(B) The annual reports required pursuant to subdivision (n).
(2) The Superintendent may prescribe appropriate requirements regarding the reporting of information concerning the operations of the state school.
(3) The state school shall promptly respond to all reasonable inquiries from the Superintendent, including, but not necessarily limited to, inquiries regarding its financial records.
(4) The Superintendent shall visit the state school at least once during each school year.
(5) The Superintendent may monitor and investigate the operations of the state school, based upon written complaints by parents or other information that justifies the monitoring or investigation.
(6) The Superintendent shall submit a pertinent report to the Governor and the Legislature if the Superintendent determines that the state school has failed to comply with any of the requirements of this chapter or if the Superintendent investigates the operations of the state school pursuant to paragraph (5). The Superintendent shall post this report on the Internet Web site of the department.
(k) The state school shall participate in the federal National School Lunch Program, as established pursuant to Public Law 79-396 and subsequent amendments.
(l) In accordance with Section 47605.1, the state school shall be prohibited from establishing any resource centers, meeting spaces, or satellite facilities separate from the schoolsite.
(m) The state school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its financial records, from the Superintendent, and shall consult with the Superintendent regarding any inquiries.
(n) (1) On or before the first July 1 occurring after the operative date of the act that adds this chapter, the state school shall submit a preliminary budget for the state school in its first year of operation.
(2) The state school shall annually prepare and submit all of the following reports to the Superintendent:
(A) On or before July 1, a local control and accountability plan and an annual update to the local control and accountability plan, as required pursuant to Section 47606.5, and a budget for the coming school year.
(B) On or before December 15, an interim financial report. This report shall reflect changes through the immediately preceding October 31.
(C) On or before September 15, a final unaudited report for the full immediately preceding year.
(3) The Superintendent shall use any financial information it obtains from the state school, including, but not necessarily limited to, the reports required by this subdivision, to assess the fiscal condition of the state school.
(o) The state school shall comply with Sections 221.61, 221.9, 222, 44030.5, 44830.1, 44939.5, 47646, 48950, 49011, 49076.7, 49414, 51224.7, 51225.6, 56145, 56207.5, and 60900 and Article 5 (commencing with Section 49073) of Chapter 6.5 of Part 27, and Section 120335 of the Health and Safety Code. The state school shall also comply with the state and federal constitutions, all pertinent federal statutes, and all statutes that establish a condition of funding for a specific program in which the state school chooses to participate.
(p) The state school shall comply with the requirements of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and all conforming federal regulations and state statutes and regulations.
(q) Except as provided in this chapter, the state school shall be exempt from the statutes that govern school districts.
(r) A staff member of the state school who leaves employment at another school in the school district in which the state school is located shall have the right to return to another school in that school district after leaving employment at the state school.
(s) Notwithstanding any other law, the state school shall be deemed to be a “public school employer,” as defined in subdivision (k) of Section 3540.1 of the Government Code, for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(t) The Legislature finds and declares all of the following:
(1) The state school established by this chapter is part of the Public School System, as defined in Section 6 of Article IX of the California Constitution.
(2) The state school is under the jurisdiction of the Public School System and the exclusive control of the officers of the public schools, as provided in this chapter.
(3) The state school shall be deemed a school district for purposes of seeking the waiver authority established pursuant to Section 33050.
(u) After the state school has operated for three complete school years, the Superintendent shall contract with an independent evaluator, at the expense of the state school, to conduct a comprehensive evaluation of the school. The evaluation shall be submitted to the Governor and appropriate policy and fiscal committees of the Legislature. The evaluation shall include, but not necessarily be limited to, all of the following:
(1) The academic performance of all of its pupils disaggregated by significant pupil subgroups specified in paragraphs (2) and (3) of subdivision (a) of Section 52052.
(2) The graduation and college-going rates of its pupils disaggregated by significant pupil subgroups specified in paragraphs (2) and (3) of subdivision (a) of Section 52052, if applicable.
(3) The number of pupils, by grade level and significant pupil subgroup, who disenroll from the state school each year and the reasons for the disenrollment.
(4) The number and percentage of pupils completing the “A-G” requirements necessary for admission to the University of California and the California State University.
(5) An empirical analysis of how the educational program, curriculum, teaching methodology, and other policies implemented by the state school contributed to pupil outcomes.
(6) A comparison of academic performance by pupils enrolled in the state school with the academic performance of pupils attending traditional public schools, including charter schools, in the school district in which the state school is located, taking into account the composition of the pupil population that is served by the state school.

59171.
 This chapter shall become inoperative on the first July 1 occurring after the state school has operated for five full school years, and, as of the following January 1, is repealed.