Putting the Finger on the Parent Trigger Law to Improve Local Schools

Hundreds of parents, teachers and community stakeholders gathered at the Point Loma Barnes Tennis Center on February 2, 2011 to consider whether they should remake Point Loma High School under the parent trigger law. Only one community of parents—in Compton—has exercised this new parental right to demand fundamental changes in their low-performing local public school. Point Loma’s community may be next.

1. What is the “parent trigger” law?

The “parent trigger” or “parent empowerment” law (Education Code §§53300-03) was enacted by the California Legislature in January 2010 as part of the state’s effort to seek funding under the federal Race to the Top program. Some 12 other states are following California’s lead in enacting similar laws.

Under federal law, public schools which do not meet targets for annual student achievement improvement must be restructured in one of four ways.

The parent empowerment law allows a majority of the parents whose children attend a school to petition their school board to require the school to be restructured. The number of petitions is limited to 75 statewide. The school board is must implement the restructuring plan demanded by parents during the next school year, unless it explains why it cannot, and instead chooses a different option.

The options are the same choices schools are given under federal law for low-performing schools.

A) Charter conversion (Restart Model):

A charter school operator, rather than the district, takes over operations at the school. A charter school is a public school which is free from district policies and many provisions of state law. How a charter school operates is spelled out in a petition that describes its governance and educational program.

High-performing local examples of charter his schools are High Tech High, the Preuss School at UCSD, and Steele Canyon High School.

No student can be required to attend a charter school, but students in the existing school attendance area will have a right to attend the school. Those electing not to attend are reassigned to another district-run school.

B) Turnaround Model:
Under this option, the principal is replaced, along with at least 50 percent of the teachers. The new principal must be given greater operational flexibility in staffing, calendaring and budgeting. A new governance structure is required. More professional development must be provided to teachers, and data must be used to guide instruction. This option should give the local school community more control over staffing and budget, but this is not assured.

C) Transformation Model:
The principal must be replaced, but all other staff may be left in place under this option. Teacher evaluations must consider student achievement, along with other assessments. Over time, high performing staff are to be rewarded, and low-performing staff are to be removed. Financial incentives for performance are to be provided. The district controls funding levels.

D) Closure:
This option closes the school and sends the students to other, higher-performing schools.

2. Does the parent trigger law apply to my school?

The Parent Trigger applies to every school in California that is on Program Improvement Year Three or above, has an API score of under 800, and is not one of the lowest 5% of schools in the state.

3. What must the petition contain?

The petition must contain the signatures of parents representing a majority of the students attending district schools at the time the petition is submitted who either currently attend, or in the fall will attend the “target” school. The petition also identifies a restructuring option.

4. What are the unanswered questions about the process?

Based on our experience with charter school petitions, we anticipate:
--Challenges to the validity of signatures, with the district or others claiming the right to scrutinize and verify their validity. So far, the courts have rejected such claims.

--The receiving district may only reject the petition if it “cannot” be implemented. What this means is sure to be litigated. Compton Unified School District rejected the petition it received as “insufficient” on a variety of technical grounds on February 22. This rejection is sure to be litigated.

--Whether options other than the charter conversion option can succeed? Charter conversion/restart petitions appear to be the most likely choice for achieving real change. Other models face questions as to whether they can be implemented based on existing collective bargaining agreement restrictions, existing school district policies, and district control over funding of school reform efforts.

Whether Point Loma parents will organize and petition to restart Point Loma High School remains to be seen.