HB622

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HOUSE OF REPRESENTATIVES	H.B. NO.	622
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATIONAL ACCOUNTABILITY

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that there is a need to develop a comprehensive statewide procedure whereby public schools in the State of Hawaii will be held accountable for the academic achievement of their students. This bill establishes the Public School Performance Accountability Program, which holds schools accountable for improving students' academic performance; establishes an incentive system to provide rewards for schools that demonstrate growth, as well as interventions and sanctions for continuously underperforming schools; and encourages the active participation of parents, students, educators, and community stakeholders in improving student achievement.

The Public School Performance Accountability Program consists of three component parts: 1) the Academic Performance Index (API), to be used in measuring the performance of schools; 2) the Immediate Intervention/Underperforming Schools Program, to provide resources to underperforming schools to support the development and implementation of school action plans aimed at increasing student achievement; 3) the Governor's Performance Award Program, to provide monetary and non-monetary awards for schools that meet or exceed the API growth targets and demonstrate improvement in students' academic achievement.

The Public School Performance Accountability gives the Superintendent of Education the authority to develop expected annual percentage growth targets for all schools based on their API baseline score, and prescribes a minimum percentage growth target of 5% annually. The bill would also require the Superintendent of Education to establish the means for members of the community to be involved in the implementation and monitoring of the program. This would empower members of the local community to assume an active role in the improvement of student achievement in a manner consistent with the letter and spirit of the existing school/community-based management system.

SECTION 2. Section 302A-101, Hawaii Revised Statues is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Academic performance index" means the tool used to measure the performance of schools and the academic performance of students based on standardized test scores, attendance, and graduation rate."

SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . PUBLIC SCHOOL PERFORMANCE ACCOUNTABILITY PROGRAM

§302A-A Public School Performance Accountability Program. The department shall implement an accountability program that will hold schools accountable for improving student performance. This program shall be established and consist of the three component parts:

(a) Academic Performance Index: The superintendent shall develop by July 1, 2001, and the board approve by July 31, 2001, an academic performance index to be used to measure performance of schools and the academic performance of students. The index shall consist of various indicators, but not limited to, achievement test score, student attendance rate, and graduation rate.

(1) At least 60 percent of the value of the index shall consist of achievement test scores.

(2) The superintendent shall determine the academic performance index for each school.

(3) The superintendent shall develop annual percentage growth targets for all schools with a minimum growth target of 5 percent annually.

(4) The superintendent may set different growth targets based on grade level of instruction and may set higher growth targets for low performing schools.

(5) The superintendent shall develop a statewide academic performance index that includes consideration of performance standards and represents the proficiency level required to meet the state performance target.

(b) Immediate Intervention/Underperforming Schools Program:

The superintendent shall invite schools that scored below the 50^th percentile on standardized achievement tests to participate in the program.

(1) The superintendent shall determine the total number of schools participating in the program.

(2) There shall be a proportionate representation of elementary, middle, and high schools and there shall be statewide proportionate geographic representation of urban and rural schools.

(3) If fewer than the number of schools in any grade level category apply, schools that scored below the 50th percentile in those grade level categories that did not apply for the program shall randomly be selected by the superintendent, to participate based on their proportional representation in the state until the number of schools in each grade level category set forth in each subdivision is achieved.

(4) If more than the requisite number of schools apply for any grade level category, the superintendent shall select an array of schools that reflect a broad range of academic performance of schools that scored below the 50th percentile, until the number of schools in each grade level category set forth in subdivision is achieved.

(5) The superintendent shall notify the schools selected for participation in the program each year, starting August 1, 2001 and each year thereafter.

(6) By August 15 the year a school is selected to participate, the superintendent or an individual designated by the superintendent shall organize a school/community team, consisting of a majority of non-school site personnel. Not less than 20 percent of the members of the team shall be parents or legal guardians of students in the school.

(7) By September 1 of the year that the school is selected to participate, the selected school/community team shall solicit input from the parents and legal guardians of the students of the school. They shall:

(a) Inform the parents and legal guardians, in writing, that the school has been selected to participate in the immediate intervention/underperforming schools program due to its below-average performance.

(b) Hold a public meeting at the school, in cooperation with the principal, to which all parents and legal guardians of students in the school receive a written invitation. The invitation to the meeting may be combined with the written notice required by this section.

(c) Solicit, at the public meeting, the recommendations and opinions of the participating parents and legal guardians of students in the school regarding actions that should be taken to improve the performance of the school. These opinions and recommendations shall be considered school/community team in the development of the action plan pursuant to this section.

(d) Notify all parents and legal guardians of students in the school of their opportunity to provide written recommendations of actions that should be taken to improve the performance of the school, which shall be considered, by the school/community team in the development of the action plan pursuant to this section.

(8) By October 30 of the year that the school is selected to participate, the school/community team shall complete a review of the school that identifies weaknesses that contribute to the schools below average performance and makes recommendations for improvement.

(9) By January of the year that follows the year the school is selected to participate, the school/community team selected shall develop an action plan to improve the academic achievement of the students enrolled at the school. The action plan shall include percentage growth targets at least as high as established by the superintendent. The action plan shall:

(a) Review and include the school conditions identified in the school accountability report card;

(b) Identify the current barriers at the school toward improvements in student achievement;

(d) Examine and consider disaggregated data regarding student achievement and other indicators to consider whether all groups and types of students make adequate progress toward short-term growth targets and long-term performance goals. The disaggregated data to be included and considered by the plan shall, at a minimum, provide information regarding the achievement of English learners, economically disadvantaged students, and other groups of students, by race, ethnicity, and gender; and

(e) Set short-term academic objectives for a two-year period that will allow the school to make adequate progress toward the growth targets established for each participating school for student achievement as measured by all of the following to the extent that the data is available for the school: standardized achievement test, graduation rates for grades 7 to 12, inclusive, attendance rates for students and school personnel for elementary, middle, and secondary schools, and any other indicators approved by the superintendent.

(10) The school action plan shall focus on improving student academic performance, improving the involvement of parents and guardians, improving the effective and efficient allocation of resources and management of the school, and identifying and developing solutions that take into account the underlying causes for low performance by students.

(11) The team, in the development of the action plan, shall consult with the exclusive representatives of employee organizations.

(12) By March 1 the action plan shall be submitted to the superintendent for approval. After the plan is approved, the school in notified by March 31.

(13) A school that fails to meet its annual short-term growth target within 12 months following receipt of action plan approval shall hold a public hearing at a regularly scheduled meeting to ensure that members of the school/community team are aware of the lack of progress. The superintendent and the school/community team shall choose from a range of interventions for the school, including reassignment of school personnel to the extent authorized by law, negotiation of site-specific amendments to collective bargaining agreements, or other changes deemed appropriate, in order to continue implementing the action plan, and to make progress toward meeting the school's growth targets.

(14) Following 24 months after receipt of action plan approval, a school that meets or exceeds its growth target each year shall receive a monetary or non-monetary award, under the Governor's Performance Award Program. Funds received from this program shall be used at the school's discretion.

(15) Following 24 months after receipt of action plan approval, a school that has not met its performance goals, but demonstrates significant growth, as determined by the superintendent shall continue to participate in the program for an additional year.

(16) A school that does not meet its performance goals within 24 months after receipt of action plan approval and has failed to show significant growth, as determined by the superintendent, shall be deemed a low-performing school. Notwithstanding any other provision of law, the superintendent shall assume the legal rights, duties, and powers of that school. The superintendent in consultation with the school/community team shall reassign the principal of that school subject to the findings. In addition to reassigning the principal, the superintendent in consultation with the school/community team shall, notwithstanding any other provision of law, do at least one of the following:

(a) Revise attendance options for students to allow them to attend any public school in which space is available. If additional attendance options are made available, nothing in this option shall be construed to require either the sending or receiving school district to incur additional transportation costs.

(b) Under the supervision of the superintendent assign the management of the school to a college, university, or other appropriate educational institution.

(d) Renegotiate a new collective bargaining agreement at the expiration of the existing collective bargaining agreement.

(e) Reorganize the school.

(f) Close the school.

(17) Before the superintendent may take any action against a principal pursuant to subdivision, the superintendent shall hold a public hearing on the matter in the school district and make both of the following findings:

(a) A finding that the principal had the authority to take specific enumerated actions that would have helped the school meet its performance goals.

(b) A finding that the principal failed to take specific enumerated actions.

c) Governor's High Achieving/Improving Schools Program: The superintendent shall rank all public schools based on their academic performance index. The schools shall be ranked in deciles categories by grade level of instruction provided and shall include three categories: elementary, middle, and high school. The rankings shall indicate the target annual growth rates of schools, the actual growth rates attained by the schools, and how growth rates compare schools that have similar characteristics which include, but are not limited to, student mobility, student ethnicity, student socioeconomic status, percentage of teachers who are fully credentialed, percentage of teachers who hold emergency credentials, percentage of students who are English language learners, average class size per grade level, and whether the schools operate multi-track year-round educational programs. The superintendent shall annually publish these rankings on the internet.

(1) The superintendent shall rank all public schools based on their academic performance index.

(2) The schools shall be ranked in deciles categories by grade level of instruction provided and shall include three categories: elementary, middle, and high school. The rankings shall indicate the target annual growth rates of schools, the actual growth rates attained by the schools, and how growth rates compare schools that have similar characteristics which include, but are not limited to, student mobility, student ethnicity, student socioeconomic status, percentage of teachers who are fully credentialed, percentage of teachers who hold emergency credentials, percentage of students who are English language learners, average class size per grade level, and whether the schools operate multitrack year-round educational programs. The superintendent shall annually publish these rankings on the internet.

(3) Schools that fail to meet annual state growth targets as determined by the superintendent be subject to the immediate intervention/underperforming schools program.

(4) The superintendent shall establish a governor's performance award program to provide monetary and non-monetary awards to schools that meet or exceed their academic performance index performance growth targets and demonstrate comparable improvement in academic achievement.

(5) All schools, including schools participating in the immediate intervention/underperforming schools program are eligible to participate in the governor's performance award program. The superintendent shall establish the manner and form in which the monetary and non-monetary awards are given. The monetary awards shall be made available on either a per student or per school basis, not to exceed $_______ per student enrolled and subject to funds appropriated in the annual budget act. A school that continues to show improvement in successive years is eligible to receive annual bonuses.

(6) In addition to or in substitution of monetary awards, the superintendent may include non-monetary awards that may include, but are not limited to, classification as a distinguished school, listing on a published public school honor roll, and public commendations by the governor and the legislature.

(7) A school that demonstrates significant growth shall be granted maximum flexibility in its expenditure of any new or existing categorical funds not otherwise prohibited under state or federal law to enable the school to continue improvement in student performance.

Notwithstanding anything in the law to the contrary, nothing in this part shall be construed to create a private cause of action.

SECTION 4: Section 302A-1004, Hawaii Revised Statutes, is repealed.

["§302A-1004 Educational accountability system; annual reports. (a) The department shall implement a comprehensive system of educational accountability to motivate and support the improved performance of students and the education system. This accountability system shall:

(1) Include student accountability; school or collective professional accountability; individual professional accountability for teachers, principals, and other employees; and public accounting for other significant partners to the education process (including, but not limited to, parents, community members, businesses, higher education, media, and political leadership);

(2) Link authority and adequate resources to responsibility;

(3) Define clear roles for all parties and lines of responsibility and mutual obligation and develop a collaborative process with stakeholders, including representatives of appropriate bargaining units, parents, administration, and students;

(4) Involve fair and adequate assessment against agreed upon goals;

(5) Invoke a full and balanced set of appropriate consequences for observed performance, including rewards and recognition for those schools that meet or exceed their goals, assistance to those that fall short, and sanctions for those that given adequate assistance and ample time, continue to fail to meet goals;

(6) Involve:

(A) A statewide student assessment program that provides annual data on student, school, and system performance at selected benchmark grade levels in terms of student performance relative to statewide content and performance standards and embodies high and rigorous expectations for the attainment of all students; and

(B) An annual assessment in core subjects for each grade level, as conducted by each school;

(7) Involve a comprehensive school profile or report card for each school, which shall include, but not be limited to, student performance measures, school attendance, dropout rates, and parental involvement. These reports shall be made available annually to the board, the governor, the legislature, the parents, and the general public;

(8) Require that teachers and administrators engage in the continuous professional growth and development that ensure their currency with respect to disciplinary content, leadership skill, knowledge, or pedagogical skill, as appropriate to their position. This requirement may be established by the department in terms of credit hours earned or their equivalent in professional development activity certified by the department as appropriate in focus and rigor; and

(9) Establish an explicit link between professional evaluation results and individual accountability through professional development of the knowledge, skill, and professional behavior necessary to the position, by requiring that results of the professional evaluation be used by the department to prescribe professional development focus and content, as appropriate.

Beginning with the 2001-2002 school year, the department shall submit to the legislature, the governor, and the board of education at least twenty days prior to the convening of each regular legislative session a report of the specifics of the design of the comprehensive accountability system, as well as the fiscal requirements and legislative actions necessary to create the accountability system.

(b) The department shall submit to the legislature and to the governor, at least twenty days prior to the convening of each regular legislative session, an educational status report that includes but is not limited to the following:

(1) Results of school-by-school assessments of educational outcomes;

(2) Summaries of each school's standards implementation design;

(3) Summary descriptions of the demographic makeup of the schools, with indications of the range of these conditions among schools within Hawaii;

(4) Comparisons of conditions affecting Hawaii's schools with the conditions of schools in other states; and

(5) Other such assessments as may be deemed appropriate by the board.

(c) The department shall provide electronic access to computer-based financial management, student information, and other information systems to the legislature and the auditor. The department shall submit to the legislature and to the governor, at least twenty days prior to the convening of each legislative session, a school-by-school expenditure report that includes but is not limited to the following:

(1) The financial analysis of expenditures by the department with respect to the following areas:

(A) Instruction, including face-to-face teaching, and classroom materials;

(B) Instructional support, including student, teacher, and program support;

(D) Other commitments, including contingencies, capital improvement projects, out-of-district obligations, and legal obligations; and

(E) Leadership, including school management, program and operations management, and district management; and

(2) The measures of accuracy, efficiency, and productivity of the department, districts, and schools in delivering resources to the classroom and the student.

(d) The superintendent of education is responsible for the development and implementation of an educational accountability system. The system shall include consequences and shall be designed through a collaborative process involving stakeholders that shall include parents, community members, the respective exclusive representatives, as well as others deemed appropriate by the superintendent. For the purposes of this section, negotiations under chapter 89 shall be between the superintendent or the superintendent's designee and the respective exclusive representative, and shall be limited to the impact on personnel arising from the superintendent's decision in implementing the educational accountability system.

After the initial agreement is negotiated, provisions on the impact of the accountability on personnel may be reopened only upon mutual agreement of the parties."]

SECTION 5. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 6. This act shall take effect upon approval.

INTRODUCED BY:	_____________________________