Bill Text: CA SB1497 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 1497	AMENDED
	BILL TEXT

	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, as amended, 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  (C)
  (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,   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.  
   (n) 
    (o)  For purposes of this section, "dropout recovery
high school" has the same meaning as defined in subparagraph 
(C)   (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.