BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1281
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 1281 (Portantino) - As Amended:  April 30, 2009 

          Policy Committee:                              Education  
          Vote:9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes the California School Racial Equality  
          Designation (CSRED) Act, which requires any state agency, board,  
          or commission (beginning on July 1, 2010) that directly collects  
          demographic data on race or ethnicity of pupils in elementary or  
          secondary schools to provide the following written instructions  
          for reporting racial information on all forms: "Multiracial  
          pupils may check two or more boxes."  Specifically, this bill:    


          Requires the Superintendent of Public Instruction (SPI) to  
          notify each school district, county office of education (COE),  
          and charter administrator that it is the intent of the  
          Legislature that, beginning July 1, 2010, that pupils asked to  
          provide demographic data on race/ethnicity be provided the  
          following written instructions: "Multiracial pupils may check  
          two or more boxes."    

           FISCAL EFFECT


           1)GF administrative costs, likely $75,000 to $100,000, to the  
            State Department of Education (SDE) to comply with this  
            measure.  These costs are associated with SDE updating their  
            guidance to LEAs with regard to federal data compliance.  



          2)GF/98 cost pressure, of approximately $2 million, to the  
            school districts, COEs, and charter schools to comply with the  
            Legislature's intent regarding demographic data.  These costs  








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            are associated with not only the changing of forms used to  
            collect data, but modifications to existing systems used to  
            compile and report that data.   

           
          COMMENTS  

           1)Purpose  .  In October 2007, the United States Department of  
            Education (USDE) issued final guidance on maintaining,  
            collecting, and reporting racial and ethnic data related to  
            federal law (e.g., the No Child Left Behind Act and the  
            Individuals with Disabilities Act).  This guidance allows  
            individuals to self-identify their ethnicity and race and  
            permits individuals to select more than one race and/or  
            ethnicity. This change expands reporting options to seven  
            categories (American Indian or Alaskan Native, Asian, Black or  
            African American, Hispanic, Native Hawaiian or Other Pacific  
            Islander, White, and Two or More Races).  USDE requires  
            implementation of this requirement by the 2010-11 school year.  
             

            According to the author, "In our fluid society of immigration and  
            intermarriage, it is our responsibility to properly reflect the  
            entire heritage of our population.  Some school districts in  
            California list 20 or more races and ethnicities on forms, but  
            limit students to choosing only one." 

             This bill establishes the CSRED Act, which requires state  
            agencies, boards, and commissions that collects demographic data  
            related to schools to include a multiracial identification option  
            on forms, as specified.   


           2)State Department of Education (SDE) compliance  .  In order to  
            comply with USDE's requirement, schools and district must  
            use a two-part question, focusing first on ethnicity and  
            second on race when collecting the data from individuals.   
            The first part asks about the broad category of ethnicity  
            and the second part asks about the more narrow divisions of  
            race. The first part asks the respondent to identify his or  
            her ethnicity as a Hispanic or Latino. The second part asks  
            the respondent to identify his or her race or races (i.e.,  
            American Indian or Alaska Native; Asian; Black or African  
            American; Native Hawaiian or Other Pacific Islander; and  
            White).  








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            In December 2008, SDE sent a letter to school districts,  
            COEs, and charter administrators informing them that they  
            need to be prepared to report racial/ethnicity information  
            using USDE's two part question through the California  
            Longitudinal Pupil Achievement Data System (CALPADS)  
            beginning in the 2009-10 school year.  

           
          3)Data on multiracial individuals  .  Since 2000, the United  
            States Census Bureau has allowed individuals to report their  
            race/ethnicity by using one or more identifications.   
            Specifically, the question on race was asked of every  
            individual living in the United States and responses reflect  
            self identification.  Respondents were asked to report the  
            race or races they considered themselves and other members of  
            their households to be.  The question on race for Census 2000  
            was different from the one for the 1990 census in several  
            ways.  Most significantly, respondents were given the option  
            of selecting one or more race categories to indicate their  
            racial identities.  The Census 2000 reported that 6.8 million  
            people, or 2.4 percent, reported more than one race.  

            In August 2004, the Public Policy Institute of California  
            (PPIC) reported that Multiracial Californians make up five  
            percent of the state's total population or twice the  
            percentage as the rest of the nation. According to PPIC, "this  
            growing population is more likely to be younger, less  
            educated, and living in poverty than single-race residents.   
            On average, multiracial residents are 10 years younger than  
            single-race Californians (24 years versus 34 years). The most  
            striking age difference is between black/white residents, with  
            a median age of 12 years, and single-race blacks and whites,  
            who each have a median age of over 30 years. Multiracial  
            Californians are also less likely than single-race residents  
            to have a bachelor's degree (21% versus 27%) and more likely  
            to be living below the poverty line (17% versus 14%)."
           

           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081