2005 California Education Code Sections 52055.57 Article 3.1. Local Educational Agency Intervention

52055.57.  (a) (1) Any provisions that are applicable to local
educational agencies under this section are for the purpose of
implementing federal requirements under the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec.  6301 et seq.). The satisfaction
of these criteria by local educational agencies that choose to
participate under this article shall be a condition of receiving
funds pursuant to this section.
   (2) The department shall identify local educational agencies that
are in danger of being identified within two years as program
improvement local educational agencies under the federal No Child
Left Behind Act of 2001 (20 U.S.C.  Sec. 6301 et seq.), and shall
notify those local educational agencies, in writing, of this status
and provide those local educational agencies with research-based
criteria to conduct a voluntary self-assessment.
   (3) The self-assessment shall identify deficiencies within the
operations of the local educational agency, and the programs and
services of the local educational agency.
   (4) A local educational agency identified pursuant to paragraph
(2) is encouraged to revise its local educational agency plan based
on the results of the self-assessment.
   (5) The program described in this subdivision shall be referred to
as the "Early Warning Program."
   (b) (1) A local educational agency identified as a program
improvement local educational agency under the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) shall do all of the
following:
   (A) Conduct a self-assessment using materials and criteria based
on current research and provided by the department.
   (B) No later than 90 days after a local educational agency becomes
identified for program improvement, contract with a county office of
education or another external entity after working with the county
superintendent of schools, for all of the following purposes:
   (i) Verifying the fundamental teaching and learning needs in the
schools of that local educational agency as determined by the local
educational agency self-analysis, and identifying the specific
academic problems of low-achieving pupils, including a determination
of why the prior plan of the local educational agency failed to bring
about increased pupil academic achievement.
   (ii) Ensuring that the local educational agency receives intensive
support and expertise to implement local educational agency reform
initiatives in the revised local educational agency plan as required
by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
et seq.).
   (C) Revise and expeditiously implement the local educational
agency plan of the local educational agency to reflect the findings
of the verified self-assessment.
   (D) After working with the county superintendent of schools or an
external verifier, contract with an external provider to provide
support and implement recommendations to assist the local educational
agency in resolving shortcomings identified in the verified
self-assessment.
   (2) (A) Subject to the availability of funds in the annual Budget
Act for this purpose, a local educational agency described in
paragraph (1) may annually receive fifty thousand dollars ($50,000),
and ten thousand dollars ($10,000) for each school that is supported
by federal funds pursuant to Title I of the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) within the local
educational agency for the purpose of fulfilling the requirements of
this subdivision.
   (B) Subject to the availability of funds appropriated in the
annual Budget Act for this purpose, a local educational agency
identified as a program improvement local educational agency during
the 2005-06 fiscal year, shall receive priority for funding based
upon the performance of the socioeconomically disadvantaged subgroup
of the local educational agency on the Academic Performance Index.
Priority for funding shall be provided to the lowest performing local
educational agencies that are identified as program improvement
local educational agencies. It is the intent of the Legislature that
funds apportioned pursuant to this paragraph be used to support
activities identified in paragraph (1).
   (C) It is the intent of the Legislature that a local educational
agency identified as a program improvement local educational agency
receive no more than two years of funding pursuant to this paragraph.
   (c) (1) A local educational agency that has been identified for
corrective action under the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.), shall be subject to one or more of the
following sanctions as recommended by the Superintendent and
approved by the state board:
   (A) Replacing local educational agency personnel who are relevant
to the failure to make adequate yearly progress.
   (B) Removing schools from the jurisdiction of the local
educational agency and establishing alternative arrangements for the
governance and supervision of those schools.
   (C) Appointing, by the state board, a receiver or trustee, to
administer the affairs of the local educational agency in place of
the county superintendent of schools and the governing board.
   (D) Abolishing or restructuring the local educational agency.
   (E) Authorizing pupils to transfer from a school operated by the
local educational agency to a higher performing school operated by
another local educational agency, and providing those pupils with
transportation to those schools, in conjunction with carrying out not
less than one additional action described under this paragraph.
   (F) Instituting and fully implementing a new curriculum that is
based on state academic content and achievement standards, including
providing appropriate professional development based on
scientifically based research for all relevant staff, that offers
substantial promise of improving educational achievement for
high-priority pupils.
   (G) Deferring programmatic funds or reducing administrative funds.
   (2) In addition to the sanctions prescribed by paragraph (1), the
Superintendent may recommend, and the state board may approve, the
requirement that a local educational agency contract with a district
assistance and intervention team to aid a local educational agency.
   (3) Subject to the availability of funds in the annual Budget Act
for this purpose, if the State Board of Education requires a local
educational agency to contract with a district assistance and
intervention team pursuant to paragraph (2), the local educational
agency may annually receive fifty thousand dollars ($50,000), plus
ten thousand dollars ($10,000) for each school that is supported by
federal funds pursuant to Title I of the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.) within the local
educational agency, for no more than two years, for the purpose of
contracting with and implementing the recommendations of the district
assistance and intervention team.
   (4) Not later than January 31, 2006, the Superintendent shall
develop and the State Board of Education shall approve, standards and
criteria to be applied by a district assistance and intervention
team in carrying out their duties. The standards and criteria shall
include all of the following areas:
   (A) Governance.
   (B) Alignment of curriculum, instruction, and assessments to state
standards.
   (C) Fiscal operations.
   (D) Parent and community involvement.
   (E) Human resources.
   (F) Data systems and achievement monitoring.
   (G) Professional development.
   (d) A local educational agency that has received a sanction under
subdivision (c) and has not exited program improvement under the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) shall appear before the state board within three years to
review the progress of the local educational agency. Upon hearing
testimony and reviewing written data from the local educational
agency and the district assistance and intervention team or county
superintendent of schools, the Superintendent shall recommend, and
the state board may approve, an alternative sanction under
subdivision (c), or may take any appropriate action.
   (e) Subject to the availability of funds in the annual Budget Act
for this purpose, a local educational agency that is not identified
as a program improvement local educational agency under the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) may
annually receive up to fifteen thousand dollars ($15,000) per school
identified as a program improvement school for the purposes of
supporting schools identified as program improvement schools in the
local educational agency and determining barriers to improved pupil
academic achievement. That local educational agency shall receive no
less than forty thousand dollars ($40,000) and no more than one
million five hundred thousand dollars ($1,500,000) for those
purposes. The Superintendent shall compile a list that ranks each
local educational agency based on the number of, and percentage of,
schools identified as program improvement schools and shall provide
this funding to local educational agencies equally from each list
until all funds appropriated for this purpose are depleted. These
funds shall be provided for no more than three years.
   (f) If there are more local educational agencies that qualify to
receive funds under subdivisions (b), (c), and (e) than the amount
appropriated for these purposes, the Superintendent may redirect
funding for the purposes of subdivision (b).
   (g) For purposes of this article, "local educational agency" means
a school district, county office of education, or charter school
that elects to receive its funding directly pursuant to Section
47651, and that provides public educational services to pupils in
kindergarten or any of grades 1 to 12, inclusive.
   (h) For purposes of this section, a "stakeholder" is, but is not
necessarily limited to, any of the following:
   (1) A parent of a child attending a school within the jurisdiction
of the local educational agency.
   (2) A community partner of the local educational agency.
   (3) An employee of the local educational agency, as selected by
the bargaining unit.
   (i) A local educational agency shall not receive funds pursuant to
subdivision (b), (c), or (e) if it is initially identified for
program improvement or prevention after July 1, 2009.