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Subchapter 1. Parent Empowerment.Article 1. General Provisions. Definitions.   

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(a) ?Elementary school? means a school, regardless of the number of grade levels, whose graduates matriculate into either a subject elementary, middle or high school.

(b) ?Eligible signature? means a signature of a parent or legal guardian of a pupil that can be counted toward meeting the requirement that at least one-half of the parents or legal guardians of pupils have signed the petition as set forth in Education Code section 53300.

(c) ?Final disposition? means the action taken by the local educational agency (LEA) to implement the requested intervention option presented by a petition or implement one of the other intervention options as set forth in Education Code section 53300.

(d) ?High school? means four-year high schools, senior high schools, continuation high schools, and evening schools.

(e) ?Intervention? or ?requested intervention? means:

(1) one of the four interventions (turnaround model, restart model, school closure, and transformation model) identified pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Education Code section 53202 and as further described in Appendix C of the Notice of Final Priorities, Requirements, Definitions, Section Criteria for the Race to the Top program published in Volume 74 of Number 221 of the Federal Register on November 18, 2009; or

(2) the alternative governance arrangement pursuant to Title 20 U.S.C. Section 6316(b)(8)(B)(v).

(f) ?Middle school? means a school, regardless of the number of grade levels, whose graduates matriculate into a subject high school. Middle school also means a junior high school whose graduates matriculate into a subject senior high school.

(g) ?Normally matriculate? means the typical pattern of attendance progression from an elementary school to a subject elementary school, from an elementary school to a subject middle or high school or from a middle school to a subject high school, as determined by the Local Educational Agency (LEA) pursuant to established attendance boundaries, published policies, or practices in place on the date the petition is submitted.

(h) ?Parents or legal guardians of pupils? means the natural or adoptive parents, legal guardians, or other persons holding the right to make educational decisions for the pupil pursuant to Welfare and Institutions Code section 361 or 727 or Education Code sections 56028 or 56055, including foster parents who hold rights to make educational decisions, on the date the petition is submitted.

(i) ?Petition? means a petition requesting an LEA to implement one of the interventions defined in subdivision (e).

(j) ?Pupils attending the subject school or elementary or middle schools that normally matriculate into a subject middle or high school? means a pupil enrolled in the school on the date the petition is submitted to the LEA.

(k) ?Subject school? means a school identified by the Superintendent of Public Instruction, following the release of the annual adequate yearly progress report, as a school that:

(1) Is not one of the persistently lowest-achieving schools identified by State Superintendent of Public Instruction (SSPI) and the State Board of Education (SBE);

(2) Has been in corrective action pursuant to paragraph (7) of Section 1116(b) of the federal Elementary and Secondary Education Act for at least one full academic year;

(3) Has failed to make adequate yearly progress (AYP); and

(4) Has an Academic Performance Index (API) score of less than 800.

(5) Has not exited Program Improvement.

(l) ?Cannot implement the specific recommended option? means that an LEA is unable to implement the intervention requested in the petition and has provided in writing, during a regularly scheduled public meeting, the considerations and reasons for reaching such a finding.

(m) ?Matriculating School? means all elementary or middle schools that normally matriculate into a subject elementary, middle, or high school.

Authority cited:

Education Code 33031

Reference:

Education Code 53201

Education Code 53202

Education Code 53300

Education Code 53303

Education Code 56028

Education Code 56055

20 U.S.C. Section 6316

(New by Register 2011, No. 43.)