BILL NUMBER: SB 257	CHAPTERED  10/11/03

	CHAPTER  782
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2003
	APPROVED BY GOVERNOR  OCTOBER 10, 2003
	PASSED THE SENATE  SEPTEMBER 9, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2003
	AMENDED IN ASSEMBLY  JULY 16, 2003
	AMENDED IN SENATE  MARCH 24, 2003

INTRODUCED BY   Senator Alpert

                        FEBRUARY 18, 2003

   An act to amend Section 52052.5 of the Education Code, relating to
pupil testing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 257, Alpert.  Pupil data.
   Existing law requires the State Department of Education to
contract for the development of proposals to provide for the
retention and analysis of longitudinal pupil achievement data on the
tests administered pursuant to the Standardized Testing and Reporting
Program (STAR), the English language development tests, and the high
school exit exam.
   This bill would state the intent of the Legislature to promote
good data management practices with respect to pupil data systems and
issues, including ensuring confidentiality, producing analyzable
files, and linking data with data from other agencies.
   Existing law requires the Superintendent of Public Instruction to
establish an advisory committee on all matters relative to the
creation of the Academic Performance Index and implementation of the
Immediate Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program.
   This bill would require the advisory committee to make
recommendations to the Superintendent of Public Instruction, by July
1, 2005, on the appropriateness and feasibility of a methodology for
generating a measurement of academic performance by utilizing unique
pupil identifiers and annual academic achievement growth to provide a
more accurate measure of a school's growth over time.  The bill
would require the Superintendent of Public Instruction, with approval
of the State Board of Education, to thereafter implement that
measurement of academic performance if appropriate and feasible.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature to do all of the
following:
   (a) Promote good data management practices with respect to pupil
data systems and issues including, ensuring confidentiality,
producing analyzable files for approved users, and linking pupil data
with data from other agencies and users, including a mechanism to
monitor pupil progress in postsecondary education.
   (b) Provide for data management and data sharing that is conducted
in a manner so as to protect individual pupil data.  Specifically,
the systems should use unique identifiers that cannot be traced to
the pupil's identity.
   (c) Establish state data management practices that require the
development of specific categories of users and uses for pupil data
and establish responsibility for approving and servicing users, as
well as, responsibility for establishing and posting protocols,
criteria, and procedures for use that are developed in a manner
consistent with recommendations of the State Department of Education'
s advisory committee on privacy and data protocol.  Approved users
should include school districts, charter schools, state agencies with
responsibility for education, legislative policy analysts,
evaluators of public school programs, and education researchers from
established research organizations.
   (d) Allow the State Department of Education, whenever possible, to
give competitive advantage in grant opportunities related to
improving pupil academic achievement or pupil recordkeeping to school
districts that use the preidentification process for state
assessments provided the unique pupil identification number developed
pursuant to the California School Information Services is included
in the preidentification process.  This will serve to ensure the most
accurate data possible and assist districts in building accurate
systems for tracking individual pupil performance.
  SEC. 2.  Section 52052.5 of the Education Code is amended to read:

   52052.5.  (a) The Superintendent of Public Instruction shall
establish a broadly representative and diverse advisory committee to
advise the Superintendent of Public Instruction and the State Board
of Education on all appropriate matters relative to the creation of
the Academic Performance Index and the implementation of the
Immediate Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program.  Members of the advisory
committee shall serve without compensation for terms not to exceed
two years.  The State Department of Education shall provide staff to
the advisory panel.
   (b) By July 1,  2005, the advisory committee established pursuant
to this section shall make recommendations to the Superintendent of
Public Instruction on the appropriateness and feasibility of a
methodology for generating a measurement of academic performance by
utilizing unique pupil identifiers for pupils in kindergarten and any
of grades 1 to 12, inclusive, and annual academic achievement growth
to provide a more accurate measure of a school's growth over time.
If appropriate and feasible, the Superintendent of Public
Instruction, with the approval of the State Board of Education, shall
thereafter implement this measurement of academic performance.