BILL NUMBER: SB 436 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Education (Senators Liu (Chair), Block,
Hancock, Huff, Leyva, Mendoza, Pan, and Vidak)
FEBRUARY 25, 2015
An act to amend Sections 16236, 17070.75, 17088.2, 17463, 17582,
17592.5, 44320, 52335.12, and 60900 of, and to repeal Sections 17591,
48200.7, and 48200.8 of, the Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
SB 436, as introduced, Committee on Education. Education: omnibus
bill.
(1) Existing law authorizes the State Allocation Board to allocate
any amount of the funds designated for purposes of school housing
aid for school districts impacted by seasonal agricultural employment
that is in excess of the amounts needed for administration to any of
specified funds, including the State School Deferred Maintenance
Fund, as provided. Existing law separately authorizes the board to
transfer any funds within the State School Building Aid Fund that are
in excess of the amounts needed by the board for the maintenance of
portable buildings or for the purchase of new portable buildings, for
that fiscal year, to any of specified funds, including the State
School Deferred Maintenance Fund, as provided.
This bill would delete those allocation authorizations to the
State School Deferred Maintenance Fund.
(2) Existing law, the Leroy F. Greene School Facilities Act of
1998 (the Greene Act of 1998), requires the State Allocation Board to
allocate to applicant school districts and county offices of
education prescribed per-unhoused-pupil state funding for
construction and modernization of school facilities, including
hardship funding, and supplemental funding for site development and
acquisition. Existing law requires the board to require school
districts and county offices of education that receive funding under
the Greene Act of 1998 to establish a restricted account within the
school district's or county office of education's general fund and to
deposit, in each fiscal year for 20 years, a minimum amount equal to
or greater than 3% of the school district's or county office of
education's total general fund expenditures, including other
financing uses, for that fiscal year into the account for maintenance
of school facilities. Existing law authorizes annual deposits into
the account in excess of 21/2% of the school district's general fund
budget to count towards the amount that a school district is required
to contribute in order to receive an apportionment from the State
School Deferred Maintenance Fund.
This bill would delete that authorization.
(3) Existing law authorizes the governing board of a school
district to establish a restricted fund known as the "district
deferred maintenance fund" for certain school facilities purposes,
including, among others, any other items of maintenance approved by
the State Allocation Board.
This bill would remove that purpose from the list of specifically
authorized purposes, but would no longer limit the use of the fund to
the list of specifically authorized purposes.
(4) Existing law requires that professional preparation, including
student teaching, be made available in the upper division course
offerings at all California public institutions of higher learning,
except the California Maritime Academy and the Hastings College of
the Law and prohibits more than 9 semester units, or the equivalent,
of professional education courses from being designated as
prerequisites for purposes of admission to student teaching, except
as specified. Existing law provides that the Commission on Teacher
Credentialing shall encourage postsecondary institutions that offer
programs of professional preparation to collaborate with school
districts, county offices of education, and professional
organizations in the design and delivery of local programs to
function as part of the California beginning teacher support and
assessment program. If local educational agencies and institutions of
higher education voluntarily agree to implement the program,
existing law requires, in each program of preparation, support, and
assessment, the postsecondary institution to make it possible for
each candidate to complete all requirements for a valid teaching
credential in the equivalent of one year of full-time study.
This bill would instead require the postsecondary institution to
make it possible for each candidate to compete all requirements for a
valid teaching credential in the equivalent of 2 years of full-time
study.
(5) Existing law requires the State Department of Education, and
authorizes the Compton Unified School District, to identify
low-performing schools in the school district, as provided, for
purposes of providing extended school year instruction. Former law,
repealed by its own provisions on January 1, 2003, authorized the
Compton Unified School District to receive funding for extended year
classes at those low-performing schools in the school district, as
provided. Existing law requires the department, in conjunction with
the Legislative Analyst, to contract for 2 independent evaluations,
as provided, to determine the effectiveness of the extended school
year curriculum, instructional program, and materials in improving
pupil academic outcomes at those low-performing schools in the
Compton Unified School District. Existing law requires the results of
the evaluations to be reported on or before January 1, 2002, and
January 1, 2003, respectively, to specified persons.
This bill would delete those obsolete provisions.
(6) This bill would also update references, delete other obsolete
provisions, make conforming changes, and make other nonsubstantive
changes.
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 16236 of the Education Code is amended to read:
16236. Notwithstanding any other provision of
law, the board may allocate any amount of the funds designated for
purposes of this article that is in excess of the amounts needed for
the administration of this article to any of the following:
(a) The Emergency School Classroom Fund for allocation by the
board for any purpose authorized pursuant to that fund.
(b) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.
(c) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.
(d) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.
(e) If the voters approve the Kindergarten-University Public
Education Facilities Bond Act of 2006 at the November 7, 2006,
statewide general election, the 2006 State School Facilities Fund for
allocation by the board for any purpose authorized to that fund.
(f) The State School Deferred Maintenance Fund for allocation by
the board for any purpose authorized pursuant to that fund. The board
may utilize up to 100 percent of the funds transferred by the board
to the State School Deferred Maintenance Fund pursuant to this
section for funding extreme hardship critical projects.
SEC. 2. Section 17070.75 of the Education Code is amended to read:
17070.75. (a) The board shall require the school district to make
all necessary repairs, renewals, and replacements to ensure that a
project is at all times maintained in good repair, working order, and
condition. All costs incurred for this purpose shall be borne by the
school district.
(b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following prior to before
the approval of a project:
(1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according the
highest priority to funding for the purposes set forth in subdivision
(a).
(2) (A) Agree to deposit into the account established pursuant to
paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater than 3
percent of the total general fund expenditures of the applicant
school district, including other financing uses, for that fiscal
year. Annual deposits to the account established pursuant to
paragraph (1) in excess of 2 1/2
percent of the school district general fund budget may count
towards the amount of funds required to be contributed by a school
district in order to receive apportionments from the State School
Deferred Maintenance Fund pursuant to Section 17584 to the extent
that those funds are used for purposes that qualify for funding under
that section.
(B) Notwithstanding subparagraph (A), for the 2004-05 fiscal year
only, an applicant school district shall deposit into the account
established pursuant to paragraph (1), no less than 2 percent of the
total general fund expenditures of the school district, including
other financing uses, for the fiscal year. The annual deposit to the
account in excess of 11/2 percent of the school district general fund
budget for the 2004-05 fiscal year may count towards the amount that
a school district is required to contribute in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
(C)
(B) A school district contribution to the account may
be provided in lieu of meeting the ongoing maintenance requirements
pursuant to Section 17014 to the extent the funds are used for
purposes established in that section. A school district that serves
as the administrative unit for a special education local plan area
may elect to exclude from its total general fund expenditures, for
purposes of this paragraph, the distribution of revenues that are
passed through to participating members of the special education
local plan area.
(D)
(C) This paragraph applies only to the following school
districts:
(i) High school districts with an average daily attendance greater
than 300 pupils.
(ii) Elementary school districts with an average daily attendance
greater than 900 pupils.
(iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.
(3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or to
be deposited, pursuant to paragraph (2). The plan may provide that
the school district need not expend all of its annual allocation for
ongoing and major maintenance in the year in which it is deposited if
the cost of major maintenance requires that the allocation be
carried over into another fiscal year. However, any state funds
carried over into a subsequent year may not be counted toward the
annual minimum contribution by the school district. A plan
developed in compliance with this section shall be deemed to meet the
requirements of Section 17585.
(c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.
(d) For purposes of calculating a county office of education
requirement pursuant to this section, the 3 percent maintenance
requirement shall be based upon the county office of education
general fund less any restricted accounts.
(e) As a condition of participation in the school facilities
program or the receipt of funds pursuant to Section 17582,
for a fiscal year after the 2004-05 fiscal year,
program, a school district shall establish a facilities
inspection system to ensure that each of its schools is maintained in
good repair.
(f) For purposes of this section, "good repair" has the same
meaning as specified in subdivision (d) of Section 17002.
SEC. 3. Section 17088.2 of the Education Code is amended to read:
17088.2. Notwithstanding any provision of law to the
contrary, including, but not limited to, Section 17587,
other law, the board may transfer any funds within the
State School Building Aid Fund that are in excess of the amounts
needed by the board for the maintenance of portable buildings or for
the purchase of new portable buildings, for that fiscal year, to any
of the following, as appropriate:
(a) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.
(b) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.
(c) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.
(d) The State School Deferred Maintenance Fund for allocation by
the board for any purpose authorized pursuant to that fund. The board
may utilize up to 100 percent of the funds transferred by the board
to the State School Deferred Maintenance Fund pursuant to this
section for funding extreme hardship critical projects.
SEC. 4. Section 17463 of the Education Code is amended to read:
17463. Notwithstanding Section 17462, a school district having an
average daily attendance of less than 10,001 in any fiscal year may
deposit any and all interest earned on the funds derived from the
sale in that fiscal year of surplus property into the general fund of
the school district for any general fund purpose, subject
to the following conditions:
(a) Prior to Before that deposit,
the school district shall submit to the State Allocation
Board a capital outlay plan for the school district for a
period of five years following that sale, together with a declaration
of the finding by the governing board of the school district that
the school facilities needs of the school district can be
met over that five-year period without funding or other assistance
from any state school facilities funding program. No later than the
date upon which that initial five-year period concludes, the
school district shall submit to the State Allocation Board a
capital outlay plan for the school district for the
subsequent five-year period.
(b) Prior to Before the decision to
place that interest money into the school district's
general fund, the governing board of the school district shall
consider the extent to which it is necessary or appropriate to expend
that money to meet the school district's needs relative to
capital outlay, facilities, modernization, and deferred maintenance.
In addition, as to any interest money deposited into the school
district's general fund pursuant to this section, the
governing board of the school district shall consider the
extent to which it is necessary or appropriate to expend the money to
meet the school district's needs relative to ongoing
maintenance prior to before expending
that money for any other purpose.
(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be
eligible during the 10-year period described in subdivision (a) for
funding or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part 10,
Sections 17582 to 17592, inclusive, or any other
state school facilities funding program.
(d) If a school district seeks state funding pursuant to Chapter
22 12 (commencing with Section
17000), 17000) of Part 10, Chapter 14
(commencing with Section 17085) of Part 10, Sections 17582
to 17592, inclusive, or any other state school facilities
funding program, on or after the expiration of the 10-year period
specified in subdivision (c), any state funding received by the
school district from the program shall be reduced by any
remaining funds derived from the sale of that surplus property by the
school district and any unencumbered interest earned on
those funds.
SEC. 5. Section 17582 of the Education Code is amended to read:
17582. (a) The governing board of a school district may establish
a restricted fund to be known as the "district deferred maintenance
fund" for the purposes of
including, but not limited to, major repair or replacement of
plumbing, heating, air conditioning, electrical, roofing, and floor
systems, systems; the exterior and
interior painting of school buildings,
buildings; the inspection, sampling, and analysis of building
materials to determine the presence of asbestos-containing
materials, materials; the encapsulation or
removal of asbestos-containing materials,
materials; the inspection, identification, sampling, and
analysis of building materials to determine the presence of
lead-containing materials, materials; and
the control, management, and removal of lead-containing
materials, and any other items of maintenance approved by
the State Allocation Board. materials. Funds
deposited in the district deferred maintenance fund may be received
from any source and shall be accounted for separately from all other
funds and accounts and retained in the district deferred maintenance
fund for purposes of this section. The term "school building" as used
in this article includes a facility that a county office of
education is authorized to use pursuant to Article 3 (commencing with
Section 17280) of Chapter 3.
(b) Funds deposited in the district deferred maintenance fund
shall only be expended for maintenance purposes as provided pursuant
to subdivision (a).
(c) The governing board of each school district shall have
complete control over the funds and earnings of funds once deposited
in the district deferred maintenance fund.
SEC. 6. Section 17591 of the Education Code is repealed.
17591. Each district desiring an apportionment pursuant to
Section 17584 shall file with the State Allocation Board and receive
approval of a five-year plan of the maintenance needs of the district
over that five-year period. This plan may be amended from time to
time. Any expenditure of funds from the district deferred maintenance
fund shall conform to the plan approved by the State Allocation
Board.
SEC. 7. Section 17592.5 of the Education Code is amended to read:
17592.5. The Joint Powers Southern California Regional
Occupational Center and the Metropolitan Education District, a joint
powers authority, shall be deemed to be school districts for purposes
of Sections 17582 to 17592, inclusive, and for the purposes
of Section 17584. 17582, 17589, and 17590.
SEC. 8. Section 44320 of the Education Code is amended to read:
44320. (a) Professional preparation, including student teaching,
shall be made available in the upper division course offerings at all
California public institutions of higher learning, except the
California Maritime Academy and the Hastings College of the Law. No
more than nine semester units, or the equivalent, of professional
education courses may be designated as prerequisites for purposes of
admission to student teaching, except that, to satisfy the English
language requirement as set forth in paragraph (3) of subdivision (b)
of Section 44259, candidates may be required to take 12 semester
units, or the equivalent, as professional education prerequisites to
student teaching.
(b) The commission shall encourage postsecondary educational
institutions that offer programs of professional preparation to
collaborate with school districts, county offices of education, and
professional organizations in the design and delivery of local
programs to function as part of the California beginning teacher
support and assessment program pursuant to Section 44279.2. If local
educational agencies and institutions of higher education voluntarily
agree to implement the program, the following provisions shall apply
to each collaborative effort:
(1) Postsecondary educational institutions and local
education educational agencies shall
coordinate and articulate the program of professional preparation and
the beginning teacher support and assessment program, so the two
programs provide continuity in the preparation, support, and
assessment of beginning teachers.
(2) At the discretion of a postsecondary educational
institution that participates in a collaborative effort, the program
of professional preparation may be submitted to the commission for
approval as a program of preparation, support, and assessment that is
at least two years long.
(3) In each program of preparation, support, and assessment, the
postsecondary educational institution shall make it
possible for each candidate to complete all requirements for a valid
teaching credential in the equivalent of one year
two years of full-time study.
(4) A postsecondary educational institution that
participates in a collaborative effort may, at its discretion,
determine that successful completion of the support and assessment
components of an articulated program of professional preparation,
support, and assessment fulfills some or all of the requirements of
subdivision (c) of Section 44259, and may accordingly recommend
applicants for the professional teaching credential. The standards
and criteria for making these determinations and recommendations
shall be included in the institution's proposal for a program.
(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary education
educational institution in the design and delivery of an
articulated program of professional preparation, support, and
assessment that meets the standards and criteria pursuant to
subdivision (c) of Section 44279.2, and that receives funds pursuant
to the annual Budget Act, may contract with the postsecondary
educational institution to pay the institution's costs of
designing and delivering the support and assessment components of the
program.
(c) Local educational agencies that are approved by the commission
to provide programs of personalized preparation to candidates for
designated subjects teaching credentials are encouraged to
participate in the design and delivery of local programs under the
California beginning teacher support and assessment program pursuant
to Article 4.5 (commencing with Section 44279.2), in a manner
consistent with subdivision (b).
(d) Prior to Before admission to
either student teaching under any professional preparation program
approved by the commission, or participation in a field experience
program as described in Section 44324, a candidate for a credential
shall obtain a certificate of clearance from the commission
which that shall be issued when the commission
has verified the candidate's personal identification and health
status. The fee for the certificate of clearance shall not exceed
one-half of the regular fee for a credential and shall be deducted
from the fee for the initial credential applied for by the
certificate holder.
SEC. 9. Section 48200.7 of the Education Code is repealed.
48200.7. (a) The State Department of Education shall identify the
three lowest performing elementary schools in the Compton Unified
School District for purposes of extending the school year for pupils
enrolled in kindergarten or grades 1 and 2 and for those pupils in
any of grades 3 to 5, inclusive, who are performing in mathematics or
English language arts two or more grade levels below the grade in
which those pupils are enrolled as determined under subdivision (d).
(b) Beginning with the 1998-99 school year, the Compton Unified
School District may identify schools of the district, in addition to
those identified pursuant to subdivision (a), that are among the
lowest performing schools in the district, and may provide extended
school year instruction pursuant to Section 41601.1 to any pupil
enrolled in kindergarten or any of grades 1 to 12, inclusive, in a
school identified pursuant to this subdivision who is performing in
mathematics or English language arts at a grade level that is two or
more grade levels below the grade in which that pupil is enrolled as
determined pursuant to subdivision (d).
(c) Notwithstanding subdivision (b) of this section and Section
41601.1, the amount of funding claimed by the district for extended
year instruction shall not in any year exceed twice the amount
claimed pursuant to this section in the 1997-98 fiscal year as
adjusted each year by the inflation adjustment determined pursuant to
Section 42238.1.
(d) The determination that a pupil is performing two or more grade
levels below the grade in which that pupil is enrolled shall be
based on any combination of the following:
(1) The California Achievement Test-Form E.
(2) The Spanish assessment of basic education.
(3) Proficiency tests required for graduation.
(4) District criterion reference tests based on state curriculum
guides.
(5) The STAR test.
(e) The Compton Unified School District shall test all pupils in
kindergarten and grades 1 to 12, inclusive, in its lowest performing
schools identified pursuant to subdivisions (a) and (b) prior to
those pupils beginning an extended school year program under this
section. At the end of the school year the school district shall
again test the pupils in kindergarten and grades 1 to 12, inclusive,
to determine the grade level at which those pupils are performing.
(f) The department shall approve each of the following areas in
each elementary school identified as high-priority pursuant to
subdivision (a):
(1) Curricula.
(2) Testing instruments.
(3) Schoolday length.
(4) Teacher selection, teacher mentoring, and staff development
processes.
(g) The department shall review teacher compensation, including
salary and benefits, in each elementary school identified as
high-priority pursuant to subdivision (a).
(h) The department shall collect data as to each of the following
items for each school in subdivisions (a) and (b):
(1) Instructional materials used by, and made available to, the
school.
(2) Teacher capacity.
(3) Any other baseline data deemed necessary by the department.
(i) Instruction provided to pupils subject to this section during
schooldays in excess of schooldays offered to other pupils shall be
devoted to instruction in basic skills in mathematics and English
language arts.
(j) In conjunction with the Legislative Analyst, the department
shall contract for an independent evaluation to determine the
effectiveness of the extended school year curriculum, instructional
program, and materials provided pursuant to this section and funded
pursuant to Section 41601.1 in improving pupil academic outcomes.
Testing and data collection conducted pursuant to this section shall
be administered under the oversight of the independent evaluator, who
shall be provided with copies of all test results. Results of the
evaluation shall be reported on or before January 1, 2002, to the
Superintendent of Public Instruction, the Legislative Analyst, the
Director of Finance, and the appropriate policy and fiscal committees
of the Legislature. The Compton Unified School District shall be
responsible for all costs incurred pursuant to this subdivision.
(k) A percentage of funding appropriated for purposes of this
section, in an amount to be determined by the Superintendent of
Public Instruction, shall be used for purposes of testing and data
collecting pursuant to this section.
SEC. 10. Section 48200.8 of the Education Code is repealed.
48200.8. Subsequent to the evaluation required pursuant to
subdivision (j) of Section 48200.7, the State Department of
Education, in consultation with the Legislative Analyst, shall
contract, as necessary, for a second independent evaluation, or as
determined by the department with concurrence by the Legislative
Analyst may extend the original contract authorized in subdivision
(j) of Section 48200.7, to conclusively determine the effectiveness
of the extended school year curriculum, instructional program, and
materials in improving pupil academic outcomes provided pursuant to
that section. The subsequent evaluation and data collection necessary
to incorporate results of the program through the 2001-02 school
year and subsequent summer period shall be funded through funds
authorized pursuant to Section 41601.1, as determined by the
Superintendent of Public Instruction, to ensure the Compton Unified
School district shall be responsible for all costs incurred pursuant
to this section. Testing and data collection conducted pursuant to
this section shall be administered under the oversight of the
independent evaluator, who shall be provided with copies of all test
results. Results of the evaluation shall be reported on or before
January 1, 2003, to the Superintendent of Public Instruction, the
Legislative Analyst, the Director of Finance, and the appropriate
policy and fiscal committees of the Legislature.
SEC. 11. Section 52335.12 of the Education Code is amended to
read:
52335.12. (a) As a condition of receiving additional funding
based on average daily attendance, the regional occupational center
or program shall report annually to the department the academic and
workforce preparation progress of the secondary pupils enrolled in
the center or program. Indicators to measure that progress shall
include, but are not limited to, the Standardized Testing
and Reporting (STAR) Program, California Assessment of
Student Performance and Progress, pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33; the high
school exit examination, pursuant to Chapter 9 (commencing with
60850) of Part 33; and other indicators of academic and workforce
preparation success, such as reduced dropout rates, workforce
preparation, increased matriculation into postsecondary educational
institutions, and other measures as determined by the department.
(b) This section shall become effective only when the longitudinal
data on pupils enrolled in regional occupational centers and
programs can be disaggregated from the California longitudinal pupil
achievement data system (CALPADs) database, established pursuant to
Chapter 10 (commencing with Section 60900) of Part 33.
(c) On or before October 1, 2007, the department shall submit to
the Department of Finance a detailed proposal for the implementation
of the outcome reports required in subdivision (a). The proposal
shall identify the specific data elements to be collected and the
costs associated with the data collection and preparation of the
report. The department shall consult with the Department of Finance
and the office of the Legislative Analyst during the development of
this proposal.
SEC. 12. Section 60900 of the Education Code is amended to read:
60900. (a) The department shall contract for the development of
proposals which 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
federal 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, California Assessment of Student Performance and
Progress (CAASPP), high school exit examination, and English
language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the STAR Program, CAASPP, 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 CAASPP
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 the approval of the state board, to comply with the
federal reporting requirements delineated in the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and
the federal 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 educational
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, 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 CAASPP 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 CAASPP 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.
(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 Educational Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g), Section
1242h 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 federal 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.