Bill Text: CA SB1497 | 2011-2012 | Regular Session | Enrolled
Bill Title: Pupil data: dropouts: report.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-09-26 - In Senate. Consideration of Governor's veto pending. [SB1497 Detail]
Download: California-2011-SB1497-Enrolled.html
BILL NUMBER: SB 1497 ENROLLED BILL TEXT PASSED THE SENATE AUGUST 27, 2012 PASSED THE ASSEMBLY AUGUST 23, 2012 AMENDED IN ASSEMBLY AUGUST 21, 2012 AMENDED IN SENATE APRIL 24, 2012 INTRODUCED BY Senator Negrete McLeod FEBRUARY 24, 2012 An act to amend Sections 48070.6 and 60900 of the Education Code, relating to pupils. LEGISLATIVE COUNSEL'S DIGEST SB 1497, Negrete McLeod. Pupil data: dropouts: report. Existing law establishes the California Longitudinal Pupil Achievement Data System (CALPADS), and requires a local educational agency to retain all data necessary to compile reports required by specified federal laws, including, but not limited to, dropout and graduation rates. Existing law requires the Superintendent of Public Instruction to annually submit to the Governor, the Legislature, and the State Board of Education a report on dropouts using the data produced by CALPADS. This bill would prohibit CALPADS from including an individual pupil in dropout rate data more than one time, and would also prohibit the inclusion of a pupil in the dropout rates indicated in the report on dropouts more than one time. This bill would incorporate additional changes in Section 48070.6 of the Education Code, proposed by AB 2662, to be operative only if AB 2662 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 48070.6 of the Education Code is amended to read: 48070.6. (a) On or before August 1, 2011, and annually thereafter, utilizing data produced by the California Longitudinal Pupil Achievement Data System pursuant to Section 60900 and other available data, the Superintendent shall submit to the Governor, the Legislature, and the state board a report that shall be called the Annual Report on Dropouts in California. The report shall include, but not be limited to, all of the following: (1) One-year dropout rates for each of grades 7 to 12, inclusive. (2) Four-year cohort dropout rates for grades 9 to 12, inclusive. (3) Two- or three-year cohort dropout rates, as appropriate, for middle schools. (4) Grade 9 to grade 10 promotion rates. (5) Percentage of high school pupils for each of grades 9 to 12, inclusive, who are on track to earn sufficient credits to graduate. (6) The average number of nonpromotional school moves that pupils make between grades 6 to 12, inclusive. (7) "Full-year" dropout rates for alternative schools, including dropout recovery high schools, calculated using a methodology developed by the Superintendent to appropriately reflect dropout rates in each type of alternative school. (8) An explanation of the methodology or methodologies used to calculate "full-year" dropout rates for alternative schools pursuant to paragraph (7). (9) Passage rates on the high school exit examination adopted pursuant to subdivision (a) of Section 60850. (10) Other available data relating to dropout or graduation rates or pupil progress toward high school graduation. (b) When cohort dropout rates can be calculated accurately using longitudinal data, the rates described in paragraph (3) of subdivision (a) shall be replaced by dropout rates for cohorts of pupils entering middle school. (c) When data is available, the report shall also include all of the following: (1) Rates at which pupils graduate in four, five, and six years, pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 52052. (2) Percentage of high school graduates and dropouts who completed courses that are certified by the University of California as meeting admission requirement criteria for the University of California and California State University systems. (3) Percentage of high school graduates and dropouts who completed two or more classes in career technical education. (4) Percentage of high school graduates and dropouts who completed both course sequences described in paragraphs (2) and (3). (5) Behavioral data by school and district, including suspensions and expulsions. (6) Truancy rates. (7) GED earning rates. (8) Chronic absentee rates, as defined in Section 60901. (d) If possible, the data listed in subdivisions (a) and (b) shall be presented in the report, organized as follows: (1) By state. (2) By county. (3) By district, both including and excluding charter schools. (4) By school. (e) The report shall include data from alternative middle and high schools, including continuation high schools, community day schools, juvenile court schools, special schools, opportunity schools, and schools attended by wards of the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (f) The report may include relevant data on school climate and pupil engagement from the California Healthy Kids Survey. (g) If possible, the data listed in subdivisions (a) and (b) shall be presented for the following subgroups, if the subgroup consists of at least 50 pupils, and the subgroup constitutes at least 15 percent of the total population of pupils at a school: (1) Grade level. (2) Ethnicity. (3) Gender. (4) Low socioeconomic status. (5) English learners. (6) Special education status. (h) The first Annual Report on Dropouts in California shall include data from the most recent year. Subsequent annual reports shall include data from the most recent year and, at a minimum, the two prior years, so that comparisons can be made easily. (i) The Superintendent or his or her designee shall make an oral presentation of the contents of the report to the state board at a regularly scheduled meeting of the board. (j) The Superintendent shall make the contents of the report available on the department's Internet Web site in a format that is easy for the public to access and understand. (k) If inclusion of school-level data would render the written report unwieldy, the data may be omitted from the written report and posted on the department's Internet Web site. (l) It is the intent of the Legislature that the report prepared by the Superintendent be usable by schools, districts, policymakers, researchers, parents, and the public, for purposes of identifying and understanding trends, causal relations, early warning indicators, and potential points of intervention to address the high rate of dropouts in California. (m) For purposes of this section, dropouts shall be defined using the exit/withdrawal codes developed by the department. (n) A pupil shall not be included in the dropout rates indicated in the report more than one time. (o) For purposes of this section, "dropout recovery high school" has the same meaning as defined in subparagraph (D) of paragraph (4) of subdivision (a) of Section 52052. SEC. 1.5. Section 48070.6 of the Education Code is amended to read: 48070.6. (a) On or before August 1, 2011, and annually thereafter, utilizing data produced by the California Longitudinal Pupil Achievement Data System pursuant to Section 60900 and other available data, the Superintendent shall submit to the Governor, the Legislature, and the state board a report that shall be called the Annual Report on Dropouts in California. The report shall include, but not be limited to, all of the following: (1) One-year dropout rates for each of grades 7 to 12, inclusive. (2) Four-year cohort dropout rates for grades 9 to 12, inclusive. (3) Two- or three-year cohort dropout rates, as appropriate, for middle schools. (4) Grade 9 to grade 10 promotion rates. (5) Percentage of high school pupils for each of grades 9 to 12, inclusive, who are on track to earn sufficient credits to graduate. (6) The average number of nonpromotional school moves that pupils make between grades 6 to 12, inclusive. (7) "Full-year" dropout rates for alternative schools, including dropout recovery high schools, calculated using a methodology developed by the Superintendent to appropriately reflect dropout rates in each type of alternative school. (8) An explanation of the methodology or methodologies used to calculate "full-year" dropout rates for alternative schools pursuant to paragraph (7). (9) Passage rates on the high school exit examination adopted pursuant to subdivision (a) of Section 60850. (10) Other available data relating to dropout or graduation rates or pupil progress toward high school graduation. (b) When cohort dropout rates can be calculated accurately using longitudinal data, the rates described in paragraph (3) of subdivision (a) shall be replaced by dropout rates for cohorts of pupils entering middle school. (c) When data is available, the report shall also include all of the following: (1) Rates at which pupils graduate in four, five, and six years, pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 52052. (2) Percentage of high school graduates and dropouts who completed courses that are certified by the University of California as meeting admission requirement criteria for the University of California and California State University systems. (3) Percentage of high school graduates and dropouts who completed two or more classes in career technical education. (4) Percentage of high school graduates and dropouts who completed both course sequences described in paragraphs (2) and (3). (5) Behavioral data by school and district, including suspensions and expulsions. (6) Truancy rates. (7) GED earning rates. (8) Chronic absentee rates, as defined in Section 60901. (d) If possible, the data listed in subdivisions (a) and (b) shall be presented in the report, organized as follows: (1) By state. (2) By county. (3) By school district, both including and excluding charter schools. (4) By school. (e) The report shall include data from alternative middle and high schools, including continuation high schools, community day schools, juvenile court schools, special schools, opportunity schools, and schools attended by wards of the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (f) The report may include relevant data on school climate and pupil engagement from the California Healthy Kids Survey. (g) If possible, the data listed in subdivisions (a) and (b) shall be presented for the following subgroups, if the subgroup consists of at least 50 pupils, and the subgroup constitutes at least 15 percent of the total population of pupils at a school: (1) Grade level. (2) Ethnicity. (3) Gender. (4) Low socioeconomic status. (5) English learners. (6) Special education status. (h) The first Annual Report on Dropouts in California shall include data from the most recent year. Subsequent annual reports shall include data from the most recent year and, at a minimum, the two prior years, so that comparisons can be made easily. (i) The Superintendent or his or her designee shall make an oral presentation of the contents of the report to the state board at a regularly scheduled meeting of the state board. (j) The Superintendent shall make the contents of the report available on the department's Internet Web site in a format that is easy for the public to access and understand. (k) If inclusion of school-level data would render the written report unwieldy, the data may be omitted from the written report and posted on the department's Internet Web site. (l) It is the intent of the Legislature that the report prepared by the Superintendent be usable by schools, school districts, policymakers, researchers, parents, and the public, for purposes of identifying and understanding trends, causal relations, early warning indicators, and potential points of intervention to address the high rate of dropouts in California. (m) For purposes of this section, dropouts shall be defined using the exit/withdrawal codes developed by the department. (n) A pupil shall not be included in the dropout rates indicated in the report more than one time. (o) For purposes of this section, "dropout recovery high school" has the same meaning as defined in subparagraph (D) of paragraph (4) of subdivision (a) of Section 52052. SEC. 2. Section 60900 of the Education Code is amended to read: 60900. (a) The department shall contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data on the tests administered pursuant to Chapter 5 (commencing with Section 60600), Chapter 7 (commencing with Section 60810), and Chapter 9 (commencing with Section 60850). The longitudinal data shall be known as the California Longitudinal Pupil Achievement Data System. (b) The proposals developed pursuant to subdivision (a) shall evaluate and determine whether it would be most effective, from both a fiscal and a technological perspective, for the state to own the system. The proposals shall additionally evaluate and determine the most effective means of housing the system. (c) The California Longitudinal Pupil Achievement Data System shall be developed and implemented in accordance with all state rules and regulations governing information technology projects. (d) The system or systems developed pursuant to this section shall be used to accomplish all of the following goals: (1) To provide school districts and the department access to data necessary to comply with federal reporting requirements delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). (2) To provide a better means of evaluating educational progress and investments over time. (3) To provide local educational agencies information that can be used to improve pupil achievement. (4) To provide an efficient, flexible, and secure means of maintaining longitudinal statewide pupil level data. (5) To facilitate the ability of the state to publicly report data, as specified in Section 6401(e)(2)(D) of the federal America COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (6) To ensure that any data access provided to researchers, as required pursuant to the federal Race to the Top regulations and guidelines is provided, only to the extent that the data access is in compliance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g). (e) In order to comply with federal law as delineated in the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the local educational agency shall retain individual pupil records for each test taker, including all of the following: (1) All demographic data collected from the STAR Program test, high school exit examination, and English language development tests. (2) Pupil achievement data from assessments administered pursuant to the STAR Program, high school exit examination, and English language development testing programs. To the extent feasible, data should include subscore data within each content area. (3) A unique pupil identification number to be identical to the pupil identifier developed pursuant to the California School Information Services, which shall be retained by each local educational agency and used to ensure the accuracy of information on the header sheets of the STAR Program tests, high school exit examination, and the English language development test. (4) All data necessary to compile reports required by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), including, but not limited to, dropout and graduation rates. (5) Other data elements deemed necessary by the Superintendent, with approval of the state board, to comply with the federal reporting requirements delineated in the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), after review and comment by the advisory board convened pursuant to subdivision (h). Before the implementation of this paragraph with respect to adding data elements to the California Longitudinal Pupil Achievement Data System for the purpose of complying with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the department and the appropriate postsecondary education agencies shall submit an expenditure plan to the Department of Finance detailing any administrative costs to the department and costs to any local educational agency, if applicable. The Department of Finance shall provide to the Joint Legislative Budget Committee a copy of the expenditure plan within 10 days of receipt of the expenditure plan from the department. (6) To enable the department, the University of California, the California State University, and the Chancellor of the California Community Colleges, to meet the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), these entities shall be authorized to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems, to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations. (f) The California Longitudinal Pupil Achievement Data System shall have all of the following characteristics: (1) The ability to sort by demographic element collected from the STAR Program tests, high school exit examination, and English language development test. (2) The capability to be expanded to include pupil achievement data from multiple years. (3) The capability to monitor pupil achievement on the STAR Program tests, high school exit examination, and English language development test from year to year and school to school. (4) The capacity to provide data to the state and local educational agencies upon their request. (5) The system shall not include an individual pupil in dropout rate data more than one time. (g) Data elements and codes included in the system shall comply with Sections 49061 to 49079, inclusive, and Sections 49602 and 56347, with Sections 430 to 438, inclusive, of Title 5 of the California Code of Regulations, with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and with the federal Family Education Rights and Privacy Act (20 U.S.C. Sec. 1232g), Section 1232h of Title 20 of the United States Code, and related federal regulations. (h) The department shall convene an advisory board consisting of representatives or designees from the state board, the Department of Finance, the State Privacy Ombudsman, the Legislative Analyst's Office, representatives of parent groups, school districts, and local educational agencies, and education researchers to establish privacy and access protocols, provide general guidance, and make recommendations relative to data elements. The department is encouraged to seek representation broadly reflective of the general public of California. (i) Subject to funding being provided in the annual Budget Act, the department shall contract with a consultant for independent project oversight. The Director of Finance shall review the request for proposals for the contract. The consultant hired to conduct the independent project oversight shall twice annually submit a written report to the Superintendent, the state board, the advisory board, the Director of Finance, the Legislative Analyst, and the appropriate policy and fiscal committees of the Legislature. The report shall include an evaluation of the extent to which the California Longitudinal Pupil Achievement Data System is meeting the goals described in subdivision (d) and recommendations to improve the data system in ensuring the privacy of individual pupil information and providing the data needed by the state and school districts. (j) This section shall be implemented using federal funds received pursuant to the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), which are appropriated for purposes of this section in Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002 (Chapter 379 of the Statutes of 2002). The release of these funds is contingent on approval of an expenditure plan by the Department of Finance. (k) For purposes of this chapter, a local educational agency shall include a county office of education, a school district, and a charter school. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 48070.6 of the Education Code proposed by both this bill and Assembly Bill 2662. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2013, (2) each bill amends Section 48070.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 2662, in which case Section 1 of this bill shall not become operative.