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Legislation

Last updated: September 14, 2009

RACE TO THE TOP

U.S. Secretary of Education Arne Duncan released the outline of what will likely be the requirements for receiving part of the $4 billion federal Race to the Top (RTTT) grants to states. It is estimated that California’s share could be between $500 million and $1 billion.

Several criteria must be met before states can receive the funding. Foremost among these, and the one thing states must meet to even be considered, is that states “must not have any legal barriers to linking student achievement data to teachers and principals for the purposes of evaluation.” In the eyes of Secretary Duncan, California already flunks this test. Although there appears to be some disagreement among California lawmakers about Duncan's interpretation of our laws, Duncan has said that California law prohibits linking student achievement with teacher evaluation, lawmakers are poised to remove any legal barriers to linking student achievement data with teacher evaluation.

Once states have met this threshold criterion, there is an absolute priority that states have a “coherent and comprehensive plan” for addressing four reform areas:

  • High quality standards and assessments
    Develop, adopt, and implement common standards and assessments*
  • Data systems that support instruction
    Implement a statewide longitudinal data system
  • Effective principals and teachers
    Implement several provisions, including alternative pathways for aspiring teachers and principals, differentiate teacher and principal effectiveness based on performance
  • Support for struggling schools
    Intervene in lowest-performing schools, increase supply of charter schools (and remove any state-mandated caps on the number of charter schools allowed), turn around struggling schools

Not surprisingly, Governor Schwarzenegger moved quickly to call a press conference, at which he was surrounded by charter school advocates, and called a special session of the legislature to address legislation designed to bring California’s laws into align with what’s required under RTTT. Subsequently, a huge piece of legislation, SBX5 1, was introduced by Senators Gloria Romero, Bob Huff, Elaine Alquist, and Mark Wyland that:

  • Deletes the prohibition against using student performance data as a basis for teacher evaluation
  • Eliminates the cap on the number of charter schools the state could authorize
  • Allows for students to attend public schools in districts other than their district of residence
  • Requires the state superintendent to make recommendations on how to identify the lowest five percent of historically low-performing schools
  • Requires the state superintendent to direct those schools to take one of three specified alternative governance or restructuring actions required by the federal law (even though the federal law gives four restructuring alternatives)

What makes the governor, legislature, and education officials so anxious to jump on board with the RTTT requirements—besides the one-time money—is the likelihood that these guidelines will become the de facto guidelines for future “regular” federal funding, of which California receives about $4 billion annually. In addition, if No Child Left Behind is reauthorized, it is believed that the RTTT priorities could become “bedrock components” of the new legislation. In other words, we can change now or change later, but change will be done.

*The question of adopting common standards does not appear to be addressed in SBX5 1. Schwarzenegger has technically “signed onto” the National Governors Association’s move to develop nationwide common core standards, as long as they don’t differ from California’s.

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