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LRB-1171/1
FFK:cjs:cs
2015 - 2016 LEGISLATURE
January 16, 2015 - Introduced by Senators Farrow, Olsen, S. Fitzgerald, Darling,
Gudex, Lazich, Roth, Vukmir and Wanggaard. Referred to Committee on
Education Reform and Government Operations.
SB1,1,11 1An Act to repeal 115.385 (1) (a) 2., 118.42 (2), 118.42 (3) (b) and (c) and 118.42
2(4); to renumber and amend 118.40 (3) (b), 118.42 (1), 118.42 (3) (a) (intro.)
3and 118.42 (3) (a) 1. to 5.; to amend 115.385 (1) (a) (intro.), 115.385 (1) (a) 1.,
4115.385 (1) (a) 3., 115.385 (1) (b), 115.385 (2), 118.40 (2r) (e) 2p. (intro.), 118.42
5(title), 118.60 (2) (a) (intro.), 119.04 (1), 119.23 (2) (a) (intro.) and 121.006 (2) (d);
6and to create 13.94 (1) (n), 13.94 (1s) (c) 9., 15.07 (2) (o), 15.105 (20), 15.375 (3),
716.105, 115.385 (1) (a) 1m., 115.385 (1) (a) 4., 115.385 (1) (c), 118.40 (2r) (e) 4.,
8118.40 (3) (b) 2., 118.41, 118.42 (1d), 118.42 (1m) (a) 5., 118.42 (1m) (b), 118.42
9(2m), 118.57, 118.60 (2) (bt), 119.23 (2) (bt) and 121.006 (2) (e) of the statutes;
10relating to: the school and school district accountability report, chronically
11failing schools and school districts, and educational options information.
Analysis by the Legislative Reference Bureau
School and school district accountability report
Under current law, the Department of Public Instruction (DPI) must annually
publish a school and school district accountability report (annual accountability

report) that includes (a) an index system to identify a school's level of performance
and to annually place each school into one of five performance categories and (b) the
following measures, which are used to determine a school's performance or a school
district's improvement:
1. Pupil achievement and growth in reading and mathematics
2. Measures of college and career readiness for high school pupils and measures
indicative of being on track for college and career readiness in the elementary grades.
3. Gaps in pupil achievement and rates of graduation, categorized by race,
English language proficiency, disability, and income level.
Current law requires DPI to include independent charter schools and private
schools participating in a parental choice program (PCP) in the annual
accountability report one year after the independent charter school or PCP school
begins using a student information system for the standardized collection of student
data. Current law requires independent charter schools and PCP schools to begin
using a student information system in the 2015-16 school year.
Under the bill, DPI must include in the school and school district accountability
report (a) an index system to identify a school's level of performance and a school
district's improvement and to annually place each school and school district into one
of five performance categories, (b) a definition for each of the five performance
categories, and (c) the following measures, categorized by race, English language
proficiency, disability, and income level, which are used to determine a school's
performance or a school district's improvement:
1. Pupil achievement in reading and mathematics.
2. Growth in pupil achievement in reading and mathematics, calculated using
a value-added methodology.
3. Gap closure in pupil achievement in reading and mathematics and, when
available, in graduation rates.
4. Rates of attendance or of high school graduation.
The bill also clarifies that DPI must include independent charter schools and
private schools participating in a PCP in the annual accountability report that is due
by September 2016, and that DPI must use the same criteria to evaluate all schools
included in the annual accountability report.
Current law: low-performing school districts and schools; state
superintendent interventions
Under current law, if the state superintendent of public instruction (state
superintendent) determines that a school district has been in need of improvement
for four consecutive school years the following apply:
1. The school board of the school district must employ a curriculum aligned with
the state's model academic standards, use pupil academic performance data to
differentiate instruction to meet individual pupil needs, implement a system of
academic and behavioral supports and early interventions for all pupils, and provide
additional learning time to address the needs of pupils who are struggling
academically.
2. The state superintendent may direct the school board of the school district
to do one or more of the following:

a. Implement or modify any requirements described above.
b. Implement a new instructional design, including expanded school hours and
additional pupil supports and services.
c. Implement professional development programs focused on improving pupil
academic achievement.
d. Make personnel changes.
e. Adopt accountability measures to monitor the school district's finances or to
monitor other interventions directed by the state superintendent.
Under current law, if the state superintendent determines that a school was in
the lowest five percent of all public schools in the state in the previous school year
and the school is located in a school district that has been in need of improvement
for four consecutive school years the following apply:
1. The school board of the school district must use rigorous and equitable
performance evaluations for teachers and principals, adopt criteria to evaluate the
distribution of teachers and principals within the school and throughout the school
district, establish teacher and principal improvement programs, and adopt
placement criteria for principals that include performance evaluations and pupil
achievement measures.
2. The state superintendent may direct the school board of the school district
to do one or more of the following:
a. Implement a new instructional design, including expanded school hours and
additional pupil supports and services.
b. Create a school improvement council, the members of which include the state
superintendent, the school board president, the school principal and representatives
of certain labor organizations, to make recommendations about improving the school
to the state superintendent.
Current law authorizes DPI to withhold state aid from a school district that
fails to comply with a directive made by the state superintendent to the school board
of a low performing school or school district.
The bill replaces these provisions with the interventions for chronically failing
schools and school districts described below.
Chronically failing schools and school districts
Identifying chronically failing schools and school districts
Under the bill, a chronically failing school or school district is a public school,
including a charter school, or school district that is placed in the lowest performance
category in three consecutive annual accountability reports. The bill creates the
public and charter school accountability board (PCAB), which is attached to DPI, to
review annual accountability reports and identify chronically failing schools and
school districts. The PCAB must notify the school board of a chronically failing school
district and the school board of each school district in which a chronically failing
school is located, or the operator of a chronically failing independent charter school,
that the school district or school has been identified as a chronically failing school or
school district. Within 30 days of receiving notice, a school board or operator may
appeal its identification as a chronically failing school or school district. On appeal,
the PCAB may choose not to identify a school or school district as a chronically failing

if the board determines that exceptional circumstances justify the school or school
district's performance on the annual accountability reports.
Improvement plans and interventions
Under the bill, the school board of a school district in which a chronically failing
school is located, or, in the case of a chronically failing independent charter school,
the operator of the independent charter school must develop and submit an
improvement plan to the PCAB that describes the steps that the school board or
operator will take to improve the school's performance. The school board of a
chronically failing school district must submit an improvement plan to the PCAB
that employs a curriculum aligned with the state's model academic standards, uses
pupil academic performance data to differentiate instruction to meet individual
pupil needs, implements a system of academic and behavioral supports and early
interventions for all pupils, and provides additional learning time to address the
needs of pupils who are struggling academically. The PCAB must review and
approve improvement plans submitted by schools boards and operators of
independent charter schools. A school board or operator of an independent charter
school must comply with an approved improvement plan until the PCAB removes the
chronically failing school or school district label from the applicable school or school
district. If a school district is identified as a chronically failing school district for
three consecutive school years, the PCAB may, with the approval of the state
superintendent, direct the school board of the school district to do one or more of the
following:
a. Implement or modify any requirements required to be in a school district
improvement plan.
b. Implement a new instructional design, including expanded school hours and
additional pupil supports and services.
c. Implement professional development programs focused on improving pupil
academic achievement.
d. Make personnel changes.
e. Adopt accountability measures to monitor the school district's finances or to
monitor other interventions directed by the state superintendent.
The bill authorizes DPI to withhold state aid from a school district that fails to
comply with an improvement plan for a chronically failing school or school district
or with a directive made by the PCAB to the school board of a chronically failing
school or school district. Additionally, the contract for an independent charter school
that is identified as a chronically failing school in the penultimate year of a contract
term, may not be renewed.
Chronically failing choice schools
Under the bill, a chronically failing choice school is a private school that at least
20 pupils are attending under a PCP and that is placed in the lowest performance
category for three consecutive annual accountability reports. The bill creates the
parental choice school accountability board (choice accountability board), which is
attached to DOA, to review annual accountability reports and identify chronically
failing choice schools. The choice accountability board must provide DPI with a list
of the chronically failing choice schools the board identifies and notify the governing

board of each private school that the private school has been identified as such.
Within 30 days of receiving a notice, the governing board of a private school may
appeal its identification as a chronically failing school. On appeal, the board may
choose not to identify the private school as a chronically failing choice school for one
school year if the board determines that exceptional circumstances justify the
private school's performance on the annual accountability reports.
A private school that the choice accountability board identifies as a chronically
failing choice school may not accept any new students under a PCP beginning in the
school year the private school is identified as a chronically failing choice school.
However, any pupil attending the private school under a PCP at the time the private
school is identified as a chronically failing private school may continue to attend the
private school under a PCP. Three school years after being identified as a chronically
failing choice school, a private school may reapply to DPI to begin accepting new
students under a PCP. For purposes of applying to begin accepting new students
under a PCP, the private school must apply to DPI in the same manner as a new
private school applying to begin participating in a PCP.
Educational options
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