BILL NUMBER: AB 2353AMENDED BILL TEXT AMENDED IN SENATE JUNE 21, 2016 AMENDED IN ASSEMBLY APRIL 27, 2016 INTRODUCED BY Assembly Member McCarty FEBRUARY 18, 2016 An act to amend Sections 52060 and 52066 of, and to add Article 3.2 (commencing with Section 44475) to Chapter 3 of Part 25 of Division 3 of Title 2 of, of the Education Code, relating to teacher professional development. LEGISLATIVE COUNSEL'S DIGEST AB 2353, as amended, McCarty. Teacher professional development: culturally responsive instruction. (1) Existing law establishes various programs of professional development for teachers, including the California Beginning Teacher Support and Assessment System, and requires the State Department of Education to issue a request for proposals to contract for the development of standards for professional development for educators and instructional leaders. This bill would require the department to identify professional development programs in culturally responsive instruction and provide links to those programs on its Internet Web site. The bill would state legislative findings and declarations relating to the importance of culturally responsive teaching. (2) Existing law requires, on or before July 1, 2014, the governing boards of school districts and county boards of education to adopt a local control and accountability plan. Existing law requires the local control and accountability plan to include, among other things, a description of annual goals for all pupils and specified subgroups of pupils to be achieved for certain state priorities, including school climate, as specified, and a description of the specific actions the school district or county superintendent of schools will take to achieve those goals. For purposes of the local control and accountability plans, existing law requires school climate to be measured by pupil suspension and expulsion rates and other local measures, as applicable. This bill would provide that other local measures may include the extent to which teachers and other school employees, as appropriate, have received or are receiving professional development related to culturally responsive instruction. (3) (2) Existing law appropriated the sum of $490,000,000 from the General Fund to the Superintendent of Public Instruction to be allocated to school districts, county offices of education, charter schools, and the state special schools, as provided, for specified teacher and administrator training and professional development, including to promote educator quality and effectiveness. This bill would specify that school districts, county offices of education, charter schools, and the state special schools are authorized to use those moneys to provide professional development in culturally responsive instruction. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Culture is essential to learning. (b) Culture plays a role not only in communicating and receiving information, but also in shaping the thinking process of groups and individuals. (c) A pedagogy that acknowledges, responds to, and celebrates fundamental cultures offers full, equitable access to education for pupils from all cultures. (d) Culturally responsive teaching is a pedagogy that recognizes the importance of including pupils' cultural references in all aspects of learning. (e) Culturally responsive teaching acknowledges the legitimacy of a pupil's cultural heritage that shapes dispositions and attitudes. (f) Culturally responsive teaching builds bridges of meaningfulness between home and school. (g) Culturally responsive teaching uses a wide variety of instructional strategies that are connected to learning styles. (h) Culturally responsive teaching incorporates multicultural information, books, and other educational resources. (i) Culturally responsive teaching promotes the idea of the classroom family and all pupils are in it together. (j) Culturally responsive teaching teaches pupils that they can be successful and that they are appreciated by educators who have high expectations of them. (k) Culturally responsive teaching develops the social consciousness of pupils to better handle the world of prejudice and racism. SEC. 2. Article 3.2 (commencing with Section 44475) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read: Article 3.2. Professional Development in Culturally Responsive Instruction 44475. The department shall identify professional development programs in culturally responsive instruction and provide links to those programs on its Internet Web site. SEC. 3. Section 52060 of the Education Code is amended to read: 52060. (a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. (b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. (c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, both of the following: (1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. (2) A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. (d) All of the following are state priorities: (1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. (2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. (3) Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. (4) Pupil achievement, as measured by all of the following, as applicable: (A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. (B) The Academic Performance Index, as described in Section 52052. (C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. (D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. (E) The English learner reclassification rate. (F) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. (G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. (5) Pupil engagement, as measured by all of the following, as applicable: (A) School attendance rates. (B) Chronic absenteeism rates. (C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. (D) High school dropout rates. (E) High school graduation rates. (6) School climate, as measured by all of the following, as applicable: (A) Pupil suspension rates. (B) Pupil expulsion rates. (C) (i) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. (ii) Other local measures may include the extent to which teachers and other school employees, as appropriate, have received or are receiving professional development related to culturally responsive instruction. (7) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. (8) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (e) For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. (f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. (g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. (h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district's progress toward achieving those goals. SEC. 4. Section 52066 of the Education Code is amended to read: 52066. (a) On or before July 1, 2014, each county superintendent of schools shall develop, and present to the county board of education for adoption, a local control and accountability plan using a template adopted by the state board. (b) A local control and accountability plan adopted by a county board of education shall be effective for a period of three years, and shall be updated on or before July 1 of each year. (c) A local control and accountability plan adopted by a county board of education shall include, for each school or program operated by the county superintendent of schools, both of the following: (1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d), as applicable to the pupils served, and for any additional local priorities identified by the county board of education. (2) A description of the specific actions the county superintendent of schools will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the county superintendent of schools. (d) All of the following are state priorities: (1) The degree to which the teachers in the schools or programs operated by the county superintendent of schools are appropriately assigned in accordance with Section 44258.9 and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the schools or programs operated by the county superintendent of schools has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. (2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. (3) Parental involvement, including efforts the county superintendent of schools makes to seek parent input in making decisions for each individual schoolsite and program operated by a county superintendent of schools, and including how the county superintendent of schools will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. (4) Pupil achievement, as measured by all of the following, as applicable: (A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. (B) The Academic Performance Index, as described in Section 52052. (C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. (D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. (E) The English learner reclassification rate. (F) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. (G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. (5) Pupil engagement, as measured by all of the following, as applicable: (A) School attendance rates. (B) Chronic absenteeism rates. (C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. (D) High school dropout rates. (E) High school graduation rates. (6) School climate, as measured by all of the following, as applicable: (A) Pupil suspension rates. (B) Pupil expulsion rates. (C) (i) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. (ii) Other local measures may include the extent to which teachers and other school employees, as appropriate, have received or are receiving professional development related to culturally responsive instruction. (7) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. (8) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (9) How the county superintendent of schools will coordinate instruction of expelled pupils pursuant to Section 48926. (10) How the county superintendent of schools will coordinate services for foster children, including, but not limited to, all of the following: (A) Working with the county child welfare agency to minimize changes in school placement. (B) Providing education-related information to the county child welfare agency to assist the county child welfare agency in the delivery of services to foster children, including, but not limited to, educational status and progress information that is required to be included in court reports. (C) Responding to requests from the juvenile court for information and working with the juvenile court to ensure the delivery and coordination of necessary educational services. (D) Establishing a mechanism for the efficient expeditious transfer of health and education records and the health and education passport. (e) For purposes of the descriptions required by subdivision (c), a county board of education may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. (f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. (g) The county superintendent of schools shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the county office of education, parents, and pupils in developing a local control and accountability plan. (h) A county board of education may identify local priorities, goals in regard to the local priorities, and the method for measuring the county office of education's progress toward achieving those goals. SEC. 5. SEC. 3. Moneys appropriated to the Superintendent of Public Instruction and allocated to school districts, county offices of education, charter schools, and the state special schools for professional development to promote educator quality and effectiveness pursuant to Section 58 of Chapter 13 of the Statutes of 2015 may be used by the school district, county office of education, charter school, or the state special school to provide professional development in culturally responsive instruction.