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Parent Empowerment: Parent Trigger draft changes

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					 1      The State Board of Education has illustrated changes to the original text in the
 2       following manner: text originally proposed to be added is bold underlined;
 3       text proposed to be deleted is displayed in bold strikeout.
 4      The 15-day text proposed to be added is in “bold double underline”, deleted
 5       text is displayed in “bold double strikeout”.
 6
 7                                   Title 5. EDUCATION
 8                     Division 1. California Department of Education
 9                          Chapter 5.2.5. Parent Empowerment
10                          Subchapter 1. Parent Empowerment
11                             Article 1. General Provisions
12
13   § 4800. Intent.
14       It was the intent of the Legislature and remains the intent of the State
15   Board of Education (SBE) for The Parent Empowerment provisions shall to
16   remain valid in the event of changes to federal law referenced within the
17   legislative language of Chapters 2 and 3 of the 5th Extraordinary Session
18   Statutes of 2010, Senate Bill X5 4 to the extent allowable under the law.
19   NOTE: Authority cited: Section 33031, Education Code. Reference:
20   Sections 53202 and 53300, Education; and 20 U.S.C. Section 6316.
21
22   § 4800.1. Definitions.
23       (a) “Elementary school” means a school, regardless of the number of grade
24   levels, whose graduates matriculate into either a subject elementary, middle or
25   high school.
26       (b) “Eligible signature” means a signature of a parent or legal guardian
27   of a pupil that can be counted toward meeting the requirement that at least
28   one-half of the parents or legal guardians of pupils have signed the petition
29   as set forth in Education Code section 53300.
30       (c) “Final disposition” means the action taken by the local educational
31   agency (LEA) to implement the requested intervention option presented by
32   a petition or implement one of the other intervention options as set forth in
33   Education Code section 53300.
34       (d)(b) “High school” means four-year high schools, junior high schools,
 1   senior high schools, continuation high schools, and evening schools.
 2      (e)(d) “Intervention” or “requested intervention” means:
 3      (1) one of the four interventions (turnaround model, restart model, school
 4   closure, and transformation model) identified pursuant to paragraphs (1) to (4),
 5   inclusive, of subdivision (a) of Education Code section 53202 and as further
 6   described in Appendix C of the Notice of Final Priorities, Requirements,
 7   Definitions, Section Criteria for the Race to the Top program published in Volume
 8   74 of Number 221 of the Federal Register on November 18, 2009; or
 9      (2) the alternative governance arrangement pursuant to Title 20 U.S.C.
10   Section 6316(b)(8)(B)(v).
11      (f)(c) “Middle school” means a school, regardless of the number of grade
12   levels, whose graduates matriculate into a subject high school. Middle school
13   also means a junior high school whose graduates matriculate into a subject
14   senior high school.
15      (g) “Normally matriculate” means the typical pattern of attendance
16   progression from an elementary school to a subject elementary school,
17   from an elementary school to a subject middle school or from a middle
18   school to a subject high school, as determined by the LEA(s) pursuant to
19   established attendance boundaries, policies or practices.
20      (h)(e) “Parents or legal guardians of pupils” means the natural or adoptive
21   parents, legal guardians, or other persons holding the right to make educational
22   decisions for the pupil pursuant to Welfare and Institutions Code section 361 or
23   727 or Education Code sections 56028 or 56055, including foster parents who
24   hold rights to make educational decisions.
25      (i)(f) “Petition” means a petition requesting an local educational agency
26   (LEA) to implement one of the interventions defined in subdivision (e)(d).
27      (j)(g) “Pupils attending the subject school or elementary or middle schools
28   that normally matriculate into a subject middle or high school” means pupils
29   attending the school on the date the petition is submitted to the LEA.
30      (k)(h) “Subject school” means a school not identified by the Superintendent
31   of Public Instruction following the release of the annual adequate yearly
32   progress report, as a persistently lowest-achieving school that: under


                                              2
 1   Education Code section 53201 which, after one full school year, is subject
 2   to corrective action pursuant to 20 U.S.C. Section 6316(b)(7) and continues
 3   to fail to make adequate yearly progress, and has an Academic
 4   Performance Index (API) score of less than 800.
 5      (1) Is not one of the persistently lowest-achieving schools identified by
 6   the SBE on March 11, 2010;
 7      (2) Has been in corrective action pursuant to paragraph (7) of Section
 8   1116(b) of the federal Elementary and Secondary Education Act for at least
 9   one full academic year;
10      (3) Has failed to make adequate yearly progress (AYP); and
11      (4) Has an Academic Performance Index (API) score of less than 800.
12      (l) “Cannot implement the specific recommended option” means that an
13   LEA is unable to implement the intervention requested in the petition and
14   has a compelling interest to support such a finding.
15   NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 53,
16   53201, 53202, and 53300, 53303, 56028 and 56055, Education Code; and 20
17   U.S.C. Section 6316.
18
19   § 4800.3. Requirement to Serve All Pupils.
20      Every pupil that attended a subject school prior to the implementation
21   of an intervention shall continue to be enrolled in the school during and
22   after an intervention is implemented pursuant to Education Code section
23   53300, unless the parent or legal guardian of the pupil chooses to enroll the
24   pupil in another school or the school is closed. In addition, any pupil who
25   resides in the attendance area of the subject school during or after the
26   implementation of an intervention has a right to attend the school, subject
27   to any laws or rules pertaining to enrollment.
28   NOTE: Authority cited: Section 33031, Education Code. Reference: Section
29   53300, Education Code.
30
31   § 4800.5. Parental Notice.
32         Consistent with the requirements of Section 1116(b)(1)(E) of the


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 1   federal Elementary and Secondary Education Act of 2001 (20 U.S.C.
 2   Section. 6301 et seq.), on the date the notice of restructuring planning or
 3   restructuring status, Program Improvement Year 4 or later, is given
 4   pursuant to federal law the LEA shall provide the parents and guardians of
 5   all pupils enrolled in a school in restructuring planning or restructuring
 6   status with notice that the school may be eligible for a parent
 7   empowerment petition to request a specific intervention pursuant to
 8   Education Code section 53300. This notice shall provide the web site
 9   address for the California Department of Education to obtain further
10   information on circulating a parent empowerment petition. This notice may
11   also identify a web site at which the LEA may list the schools in the district
12   subject to the provisions of the Parent Empowerment statutes, including
13   enrollment data and attendance boundaries for each school. The web site
14   may also and informing parents and legal guardians of pupils how they
15   may sign a petition requesting the school district to implement one or more
16   interventions to improve the school and how they may contact community-
17   based organizations or work with individual school administrators and
18   parent and community leaders to understand the school intervention
19   options and provide input about the best option for the school. This notice,
20   and any other written communication from the school or the LEA to
21   parents or legal guardians of pupils, must meet the language requirements
22   of Education Code section 48985.
23   NOTE: Authority cited: Section 33031, Education Code. Reference:
24   Sections 48985 and 53300, Education Code; and 20 U.S.C. Section 6301.
25
26   § 4801. Petition Signatures.
27      (a) A petition may only contain signatures of parents or legal guardians of
28   pupils attending the subject school or a combination of signatures of parents or
29   legal guardians of pupil(s) attending the subject school and all the elementary or
30   middle schools that normally matriculate into a subject middle or high school. A
31   petition may not consist solely of signatures of parents or legal guardians of
32   pupils attending only the elementary or middle schools that normally matriculate


                                              4
 1   into a subject middle or high school.
 2      (b) A petition may be signed by a parent or legal guardian once for each
 3   of his or her pupils attending the subject school or, if the petition contains
 4   a combination of signatures of parents or legal guardians of pupils
 5   attending the subject school and the elementary or middle schools that
 6   normally matriculate into a subject middle or high school, it may be signed
 7   by a parent or legal guardian once for each of his or her pupils attending
 8   the subject school or the elementary or middle schools that normally
 9   matriculate into the subject middle or high school. A petition must contain
10   signatures of parents and or legal guardians of pupils attending the subject
11   school and may contain signatures of parents or legal guardians of pupils
12   attending only the elementary or middle schools that normally matriculate
13   into a the subject middle or high school.
14      (c) Only one parent or legal guardian per pupil may sign a petition.
15      (d) The petition must have boxes with room consecutively numbered
16   commencing with number 1, with sufficient space for the signature of each
17   petition signer as well as his or her printed name, address, city or
18   unincorporated community name and zip code, date, pupil’s name, the
19   pupil’s date of birth, the name of the school the pupil is currently attending, and
20   the pupil’s current grade.
21      (1) The petition shall state that the disclosure of the address, city or
22   unincorporated community name and zip code is voluntary, and cannot be
23   made a condition of signing the petition.
24      (e) The petition boxes referenced in subdivision (d) must be
25   consecutively numbered commencing with the number 1 for each petition
26   section. The boxes described in subdivision (d) may also have space for
27   the signer’s address, city or unincorporated community name, and zip
28   code, or request other information, and if so, the petition shall make clear
29   that providing such information is voluntary, and cannot be made a
30   condition of signing the petition.
31      (f) Because a petition may be signed by a parent or a legal guardian once for
32   each of his or her pupils attending the subject school or, if the petition contains a


                                               5
 1   combination of signatures of parents or legal guardians of pupils attending the
 2   subject school and the elementary or middle schools that normally matriculate
 3   into a subject middle or high school, once for each of his or her pupils attending
 4   the subject school and the elementary or middle schools that normally
 5   matriculate into the subject middle or high school, separate petition boxes must
 6   be completed by the parent or legal guardian for each of his or her pupils.
 7      (g) A petition may be circulated and presented in sections, so long as each
 8   section complies with the requirements of set forth in this section and section
 9   4802 regarding the content of the petition.
10      (h) Signature gatherers may not offer gifts, rewards, or tangible
11   incentives to parents or legal guardians to sign a petition, except that
12   signature gatherers may discuss educational related improvements hoped
13   to be realized by implementing the requested intervention option. Signature
14   gatherers, parents and legal guardians shall be free from threats and
15   intimidation related to circulation or signature of a petition.
16   NOTE: Authority cited: Section 33031, Education Code. Reference: Section
17   53300, Education Code.
18
19   § 4802. Content of the Petition.
20      The petition or and each section of the petition shall contain the following
21   elements:
22      (a) A heading which states that it is a Petition of Parents, Legal Guardians,
23   and Persons Holding the Right to Make Educational Decisions for Pupils,
24   Including Foster Parents who hold rights to make educational decisions to
25   request Implement an Intervention be implemented at the specified subject
26   school and to be submitted to a specified LEA;
27      (b) A statement that the petition seeks the signatures of the parents or
28   legal guardians of the pupils attending the subject school or, in the
29   alternative, the signatures of the parents or legal guardians of the pupils
30   attending the subject school and the signatures of the parents or legal
31   guardians of the pupils attending elementary or middle schools who would
32   normally matriculate into the subject school;


                                              6
 1      (c)(b) The name and public contact information of the person to be contacted
 2   by either persons interested in the petition or by the LEA;
 3      (d)(c) Identification of the requested intervention;
 4      (e)(d) A description of the requested intervention using the language set forth
 5   in either sections 4803, 4804, 4805, 4806, or 4807, without omission to ensure
 6   full disclosure of the impact of the intervention;
 7      (f)(e) The name of the subject school;
 8      (g)(f) Boxes as designated in section 4801(d) and (e);
 9      (h)(g) An affirmation that the signing parent or legal guardian is requesting
10   the LEA to implement the identified intervention at the subject school; and
11      (i)(h) A request to an LEA to implement the restart model intervention
12   identified pursuant to paragraph (2) of subdivision (a) of Education Code section
13   53202 may also request that the subject school be reopened under a specific
14   charter school operator, charter management organization or education
15   management organization and, if so, that information must be clearly stated
16   on the front page of the petition that has been selected by a rigorous
17   review process.
18      (j) The names of any agencies or organizations that the person
19   identified in subdivision (c) is affiliated with that are supporting the
20   petition, either through direct financial assistance or in-kind contributions
21   of staff and volunteer support, must be prominently displayed on the front
22   page of the petition.
23   NOTE: Authority cited: Section 33031, Education Code. Reference: Sections
24   53202 and 53300, Education Code.
25
26   § 4802.1. Verification of Petition Signatures and Obligations of the LEA.
27      (a) An LEA must provide, in writing, to any persons who request it,
28   information as to how the LEA intends to implement section 4800.1(g) as to
29   any subject school and any normally matriculating elementary or middle
30   schools, including providing enrollment data and the number of signatures
31   that would be required pursuant to section 4802.1(e).
32      (b)(a) Upon receipt of the petition, the LEA may make reasonable efforts


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 1   to verify that the signatures on the petition can be counted consistent with
 2   these regulations. In order to verify the enrollment of a pupil in a school
 3   that normally matriculates into the subject school, but is not within the
 4   jurisdiction of the LEA, an LEA may contact the school or the LEA of the
 5   school. An LEA shall not invalidate the signature of a parent or legal
 6   guardian of a pupil on a technicality where it is clearly the intent of the
 7   parent or legal guardian to support the petition and the parent or legal
 8   guardian is entitled to sign the petition.
 9      (c)(b) If, on the date the petition is submitted, a school is identified
10   pursuant to section 4800.1(k), it shall remain a subject school until final
11   disposition of the petition by the LEA even if it thereafter ceases to meet
12   the definition of a subject school.
13      (d)(c) If a petition has sought only signatures of parents of pupils
14   attending the subject school, then for purposes of calculating whether at
15   least one-half of the parents or legal guardians of all students pupils
16   attending the subject school on the date the petition has been submitted
17   have signed the petition, only those signatures of parents or legal
18   guardians of pupils attending the subject school on the date the petition is
19   submitted to the LEA shall be counted.
20      (e)(d) If a petition has sought signatures of parents or legal guardians of
21   pupils attending the subject school and the elementary or middle schools
22   that normally matriculate into the subject school, then for purposes of
23   calculating whether at least one-half of the parents or legal guardians of
24   pupils attending the subject school and the elementary or middle schools
25   that normally matriculate into the subject school on the date the petition
26   has been submitted have signed the petition, only those signatures of
27   parents or legal guardians of pupils attending the subject school and the
28   parents or legal guardians of pupils attending the elementary or middle
29   schools who would normally matriculate into the subject school at the time
30   the petition is submitted to the LEA shall be counted. Where pupils attend
31   elementary or middle schools that normally matriculate into more than one
32   subject school, only those pupils attending the subject school and those


                                            8
 1   pupils that normally matriculate, as defined in section 4800.1(g), into the
 2   subject school, shall be counted in calculating whether at least one-half of
 3   the parents or legal guardians of pupils have signed the petition. There is
 4   no specified ratio required of signatures gathered at each school, rather
 5   the total ratio of signatures gathered must meet the one-half requirement.
 6      (f)(e) In connection with the petition, the LEA may only contact parents
 7   or legal guardians to verify eligible signatures on the petition.
 8      (g)(f) Upon receipt, the LEA may, within 20 25 business days, return the
 9   petition to the person designated as the contact person as specified in
10   section 4802(c), if the LEA determines any of the following:
11      (1) One half of the parents or legal guardians of pupils meeting the
12   requirements of section 4801(a) have not signed the petition;
13      (2) The school named in the petition is not a subject school; or
14      (3) The petition does not substantially meet the requirements specified
15   in section 4802. In such a case the LEA shall immediately provide the
16   contact person written notice of its reasons for returning the petition and
17   its supporting findings.
18      (h)(g) If the petition is returned pursuant to section 4802.1(g), the same
19   petition may be resubmitted to the LEA with additional signatures as long
20   as no substantive changes are made to the petition. If substantive changes
21   are made to the petition, it must be recirculated for signatures before it may
22   be resubmitted to the LEA.
23      (i)(g) If the LEA does not return the petition pursuant to subdivision
24   (g)(f), the LEA shall have 45 business days from the date the petition is
25   received to reach a final disposition. The date may be extended by an
26   additional 20 business days if the LEA and the person listed in section
27   4802(c) agree to the extension in writing.
28      (j)(h) The LEA shall notify the SSPI and the SBE in writing within ten
29   business days of its receipt of a petition and within two business days of
30   the final disposition of the petition. The notice of final disposition shall
31   state that the LEA will implement the recommended option or include the
32   written finding stating the reason it cannot implement the specific


                                             9
 1   recommended option, including the compelling interest that supports such
 2   a finding, designating which of the other options it will implement and
 3   stating that the alternative option selected has substantial promise of
 4   enabling the school to make adequate yearly progress.
 5      (k)(i) If the number of schools identified in a petition and subject to an
 6   intervention by a final disposition will exceed the maximum of 75 schools
 7   pursuant to Education Code section 53302, and the SSPI and the SBE
 8   receive two or more notifications of final dispositions that agree to
 9   implement an intervention on the same day, the petition will be chosen by
10   random selection.
11   NOTE: Authority cited: Section 33031, Education Code. Reference:
12   Sections 53202, 53300, 53301 and 53302, Education Code.
13
14   § 4802.2. Charter Requirements for Parent Empowerment Petitions.
15      (a) A petition that requests that the subject school be reopened under a
16   specific charter school operator, charter management organization or
17   education management organization shall be circulated for signature with a
18   proposed charter for the school that meets all of the requirements of
19   Education Code section 47605(b). Parents or legal guardians of pupils will
20   only need to sign the parent empowerment petition to indicate their
21   support for and willingness to enroll their children in the requested charter
22   school. A separate petition for the establishment of a charter school will
23   not need to be signed.
24      (b) The signatures to establish a charter school pursuant to Education
25   Code sections 47605(a)(1) through (3) and 47605(b)(3) will not be required if
26   the petition that requests that the subject school be reopened under a
27   specific charter school operator, charter management organization or
28   education management organization otherwise meets all of the
29   requirements of Education Code section 53300.
30      (c) The governing board of the school district shall hold the public
31   hearing to approve or deny the charter pursuant to Education Code section
32   47605(b) concurrently with the public hearing required pursuant to


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 1   Education Code section 53300. Upon the receipt of a petition that requests
 2   a restart model as intervention, the LEA must follow the provisions of
 3   section 4802.1 and determine whether it will implement the requested
 4   intervention option presented in the petition or implement one of the other
 5   intervention options in Education Code section 53300. If a petition requests
 6   that the subject school be operated under a specific charter school
 7   operator, charter management organization or education management
 8   organization, and the LEA does not reject the petition pursuant to Section
 9   4802.1(g), then the LEA must conduct the rigorous review process required
10   by Education Code section 53300 and section 4804, which includes
11   compliance with the requirements and timelines set forth in Education
12   Code section 47605, subdivisions (b) through (h), (j)(1) and (l) with the
13   exception that the timelines set forth in Education Code section 47605(b)
14   do not begin until 25 business days after the petition was received.
15      If a petition does not request that the subject school be operated under
16   a specific charter school operator, charter management organization or
17   education management organization, and the LEA does not reject the
18   petition pursuant to section 4802.1(g), then the LEA must immediately
19   solicit charter proposals from charter school operators, charter
20   management organizations and education management organizations and,
21   prior to selecting a charter school operator, charter management
22   organization or education management organization, must conduct the
23   rigorous review process required by Education Code section 53300 and
24   section 4804, which includes compliance with the requirements and
25   timelines set forth in Education Code section 47605, subdivisions (b)
26   through (h), and (l) with the exception that the timelines set forth in
27   Education Code section 47605(b) do not begin until a charter proposal is
28   received. If, after the rigorous review specified in this subdivision, the LEA
29   finds that the charter included with the parent empowerment petition
30   substantially fails to meet the requirements of Education Code section
31   47605 and the petitioners cannot cure this failure through a revision of the
32   charter, or the petition does not request a specific charter school operator,


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 1   charter management organization or education management organization
 2   and the LEA is unable to identify a charter school operator, charter
 3   management organization or education management organization which
 4   meets the requirements of Education Code section 47605, the LEA shall
 5   find that it is unable to implement the option requested by parents and
 6   shall implement one of the other options specified in Education Code
 7   section 53300 in the subsequent school year.
 8      (d) The LEA shall only act to approve or deny a specific charter
 9   proposal if and only if the LEA has adopted the restart model as its final
10   disposition.
11      (e)(d) A charter school established by a parent empowerment petition,
12   once approved, shall be subject to all of the provisions of law that apply to
13   other conversion charter schools comply with the admission requirements
14   for an existing public school converting partially or entirely to a charter
15   school specified in Education Code section 47605(d)(1) and shall admit all
16   pupils who reside within the former attendance area of the subject public
17   school.
18   NOTE: Authority cited: Section 33031, Education Code. Reference:
19   Sections 47605 and 53300, Education Code.
20
21   § 4803. Description of Intervention – Turnaround Model.
22      (a) A turnaround model is one in which an local educational agency (LEA)
23   must:
24      (1) Replace the principal and grant the principal sufficient operational
25   flexibility (including in staffing, calendars/time, and budgeting) to implement fully
26   a comprehensive approach in order to substantially improve student achievement
27   outcomes and increase high school graduation rates;
28      (2) Using locally adopted competencies to measure the effectiveness of staff
29   who can work within the turnaround environment to meet the needs of students;
30      (A) Screen all existing staff and rehire no more than 50 percent; and
31      (B) Select new staff;
32      (3) Implement such strategies as financial incentives, increased opportunities


                                               12
 1   for promotion and career growth, and more flexible work conditions that are
 2   designed to recruit, place, and retain staff with the skills necessary to meet the
 3   needs of the students in the turnaround school;
 4      (4) Provide staff with ongoing, high-quality, job-embedded professional
 5   development that is aligned with the school's comprehensive instructional
 6   program and designed with school staff to ensure that they are equipped to
 7   facilitate effective teaching and learning and have the capacity to successfully
 8   implement school reform strategies;
 9      (5) Adopt a new governance structure, which may include, but is not limited
10   to, requiring the school to report to a new “turnaround office” in the LEA, hire a
11   “turnaround leader” who reports directly to the Superintendent or Chief Academic
12   Officer, or enter into a multi-year contract with the LEA or State Educational
13   Agency (SEA) to obtain added flexibility in exchange for greater accountability;
14      (6) Use data to identify and implement an instructional program that is
15   research-based and “vertically aligned” from one grade to the next as well as
16   aligned with State academic standards;
17      (7) Promote the continuous use of student data (such as from formative,
18   interim, and summative assessments) to inform and differentiate instruction in
19   order to meet the academic needs of individual students;
20      (8) Establish schedules and implement strategies that provide increased
21   learning time (as defined in the United States Department of Education notice
22   published in the Federal Register at 74 Federal Register 59805 (Nov.18, 2009);
23   and
24      (9) Provide appropriate social-emotional and community-oriented services
25   and supports for students.
26      (b) A turnaround model may also implement other strategies such as:
27      (1) Any of the required and permissible activities under the transformation
28   model; or
29      (2) A new school model (e.g., themed, dual language academy).
30   NOTE: Authority cited: Section 33031, Education Code. Reference: Sections
31   53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
32


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 1   § 4804. Description of Intervention – Restart Model.
 2      A restart model is one in which an local educational agency (LEA) converts
 3   a school or closes and reopens a school under a charter school operator, a
 4   charter management organization (CMO), or an education management
 5   organization (EMO) that has been selected through a rigorous review process. (A
 6   CMO is a non-profit organization that operates or manages charter schools by
 7   centralizing or sharing certain functions and resources among schools. An EMO
 8   is a for-profit or non-profit organization that provides “whole-school operation”
 9   services to an LEA.) A restart model must enroll, within the grades it serves, any
10   former student who wishes to attend the school.
11   NOTE: Authority cited: Section 33031, Education Code. Reference: Sections
12   53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
13
14   § 4805. Description of Intervention – School Closure.
15      School closure occurs when an local educational agency (LEA) closes a
16   school and enrolls the students who attended that school in other schools in the
17   LEA that are higher achieving. These other schools should be within reasonable
18   proximity to the closed school and may include, but are not limited to, charter
19   schools or new schools for which achievement data is not yet available.
20   NOTE: Authority cited: Section 33031, Education Code. Reference: Sections
21   53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
22
23   § 4806. Description of Intervention – Transformation Model.
24      A transformation model is one in which an local educational agency (LEA)
25   implements each of the following strategies:
26      (a) Developing and increasing teacher and school leader effectiveness.
27      (1) Required activities. The LEA must:
28      (A) Replace the principal who led the school prior to commencement of the
29   transformation model;
30      (B) Use rigorous, transparent, and equitable evaluation systems for teachers
31   and principals that:
32      1. Take into account data on student growth (as defined in the United States


                                              14
 1   Department of Education notice published in the Federal Register at 74 Federal
 2   Register 59806 (Nov. 18, 2009)) as a significant factor as well as other factors
 3   such as multiple observation-based assessments of performance and ongoing
 4   collections of professional practice reflective of student achievement and
 5   increased high-school graduations rates; and
 6      2. Are designed and developed with teacher and principal involvement.
 7      (C) Identify and reward school leaders, teachers, and other staff who, in
 8   implementing this model, have increased student achievement and high school
 9   graduation rates and identify and remove those who, after ample opportunities
10   have been provided for them to improve their professional practice, have not
11   done so;
12      (D) Provide staff with ongoing, high-quality, job-embedded professional
13   development (e.g., regarding subject-specific pedagogy, instruction that reflects a
14   deeper understanding of the community served by the school, or differentiated
15   instruction) that is aligned with the school's comprehensive instructional program
16   and designed with school staff to ensure they are equipped to facilitate effective
17   teaching and learning and have the capacity to successfully implement school
18   reform strategies; and
19      (E) Implement such strategies as financial incentives, increased opportunities
20   for promotion and career growth, and more flexible work conditions that are
21   designed to recruit, place, and retain staff with the skills necessary to meet the
22   needs of the students in a transformation school.
23      (2) Permissible activities. An LEA may also implement other strategies to
24   develop teachers' and school leaders' effectiveness, such as:
25      (A) Providing additional compensation to attract and retain staff with the skills
26   necessary to meet the needs of the students in a transformation school;
27      (B) Instituting a system for measuring changes in instructional practices
28   resulting from professional development; or
29      (C) Ensuring that the school is not required to accept a teacher without the
30   mutual consent of the teacher and principal, regardless of the teacher's seniority.
31      (b) Comprehensive instructional reform strategies.
32      (1) Required activities. The LEA must:


                                              15
 1      (A) Use data to identify and implement an instructional program that is
 2   research-based and “vertically aligned” from one grade to the next as well as
 3   aligned with State academic standards; and
 4      (B) Promote the continuous use of student data (such as from formative,
 5   interim, and summative assessments) to inform and differentiate instruction in
 6   order to meet the academic needs of individual students.
 7      (2) Permissible activities. An LEA may also implement comprehensive
 8   instructional reform strategies, such as:
 9      (A) Conducting periodic reviews to ensure that the curriculum is being
10   implemented with fidelity, is having the intended impact on student achievement,
11   and is modified if ineffective;
12      (B) Implementing a school wide “response-to-intervention” model;
13      (C) Providing additional supports and professional development to teachers
14   and principals in order to implement effective strategies to support students with
15   disabilities in the least restrictive environment and to ensure that limited-English-
16   proficient students acquire language skills to master academic content;
17      (D) Using and integrating technology-based supports and interventions as
18   part of the instructional program; and
19      (E) In secondary schools:
20      1. Increasing rigor by offering opportunities for students to enroll in advanced
21   coursework (such as Advanced Placement or International Baccalaureate; or
22   science, technology, engineering, and mathematics courses, especially those
23   that incorporate rigorous and relevant project-, inquiry-, or design-based
24   contextual learning opportunities), early-college high schools, dual enrollment
25   programs, or thematic learning academies that prepare students for college and
26   careers, including by providing appropriate supports designed to ensure that low-
27   achieving students can take advantage of these programs and coursework;
28      2. Improving student transition from middle to high school through summer
29   transition programs or freshman academies;
30      3. Increasing graduation rates through, for example, credit-recovery
31   programs, re-engagement strategies, smaller learning communities, competency-
32   based instruction and performance-based assessments, and acceleration of


                                                 16
 1   basic reading and mathematics skills; or
 2      4. Establishing early-warning systems to identify students who may be at risk
 3   of failing to achieve to high standards or graduate.
 4      (c) Increasing learning time and creating community-oriented schools.
 5      (1) Required activities. The LEA must:
 6      (A) Establish schedules and implement strategies that provide increased
 7   learning time (as defined in 74 Federal Register 59805 (Nov. 18, 2009)); and
 8      (B) Provide ongoing mechanisms for family and community engagement.
 9      (2) Permissible activities. An LEA may also implement other strategies that
10   extend learning time and create community-oriented schools, such as:
11      (A) Partnering with parents and parent organizations, faith- and community-
12   based organizations, health clinics, other State or local agencies, and others to
13   create safe school environments that meet students' social, emotional, and
14   health needs;
15      (B) Extending or restructuring the school day so as to add time for such
16   strategies as advisory periods that build relationships between students, faculty,
17   and other school staff;
18      (C) Implementing approaches to improve school climate and discipline, such
19   as implementing a system of positive behavioral supports or taking steps to
20   eliminate bullying and student harassment; or
21      (D) Expanding the school program to offer full-day kindergarten or pre-
22   kindergarten.
23      (d) Providing operational flexibility and sustained support.
24      (1) Required activities. The LEA must:
25      (A) Give the school sufficient operational flexibility (such as staffing,
26   calendars/time, and budgeting) to implement fully a comprehensive approach to
27   substantially improve student achievement outcomes and increase high school
28   graduation rates; and
29      (B) Ensure that the school receives ongoing, intensive technical assistance
30   and related support from the LEA, the State Educational Agency (SEA), or a
31   designated external lead partner organization (such as a school turnaround
32   organization or an EMO).


                                               17
 1      (2) Permissible activities. The LEA may also implement other strategies for
 2   providing operational flexibility and intensive support, such as:
 3      (A) Allowing the school to be run under a new governance arrangement, such
 4   as a turnaround division within the LEA or SEA; or
 5      (B) Implementing a per-pupil school-based budget formula that is weighted
 6   based on student needs.
 7   NOTE: Authority cited: Section 33031, Education Code. Reference: Sections
 8   53202 and 53300, Education Code; and 20 U.S.C. Section 6301.
 9
10   § 4807. Description of Intervention – Alternative Governance Arrangement.
11      Alternative governance is one in which an LEA institutes any other major
12   restructuring of the school's governance arrangement that makes fundamental
13   reforms, such as significant changes in the school's staffing and governance, to
14   improve student academic achievement in the school and that has substantial
15   promise of enabling the school to make adequate yearly progress as defined in
16   the State plan under Section 6311(b)(2) of the federal Elementary and
17   Secondary Education Act. In the case of a rural LEA with a total of less than
18   600 students in average daily attendance at the schools that are served by
19   the agency and all of whose schools have a School Locale Code of 7 or 8,
20   as determined by the Secretary, the Secretary shall, at such agency's
21   request, provide technical assistance to such agency for the purpose of
22   implementing this clause.
23   NOTE: Authority cited: Section 33031, Education Code. Reference: Sections
24   53202 and 53300, Education Code; and 20 U.S.C. Sections 6311 and 6316.
25
26   § 4808. Prospective Effect of Regulations.
27      The regulations in Article 1 are to apply prospectively. Any actions
28   taken in reasonable reliance upon emergency regulations in effect at the
29   time are to be deemed in compliance with these regulations.
30   NOTE: Authority cited: Section 33031, Education Code. Reference:
31   Sections 11346.1 and 11349.6, Government Code.
32   12-21-10 [California Department of Education]


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Description: Parent Empowerment: Parent Trigger draft changes http://www.cde.ca.gov/be/ag/ag/yr11/agenda201102.asp