BILL ANALYSIS
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THIRD READING
Bill No: AB 2178
Author: Torlakson (D)
Amended: 8/19/10 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 6/30/10
AYES: Romero, Huff, Alquist, Emmerson, Hancock, Liu,
Price, Simitian
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : 10-0, 8/2/10
AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Leno,
Price, Wolk, Wyland, Yee
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 76-0, 6/2/10 - See last page for vote
SUBJECT : After School Education and Safety Program
SOURCE : Author
DIGEST : This bill authorizes the sharing of pupil data
between schools and After School Education and Safety
programs with which that school contracts.
Senate Floor Amendments of 8/19/10 (1) delete the
provisions relative to the California Longitudinal Pupil
Achievement Data System, (2) add federally funded 21st
Century Community Learning Centers to the authorization to
share pupil data between after school providers and school
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that contract with those providers, and (3) specify that
the California Healthy Kids Survey data is to remain in
aggregate form.
ANALYSIS :
Current law:
1. Requires the After School Education and Safety (ASES)
program to have an educational and literacy element in
which tutoring or homework assistance is provided in
specified content areas, and an educational enrichment
element that may include fine arts, career technical
education, recreation, physical fitness, and prevention
activities.
2. Requires ASES program providers to submit annual
outcome-based data for evaluation, including
research-based indicators and measurable pupil outcomes
for academic performance, attendance, and positive
behavioral changes. The California Department of
Education (CDE) may consider these outcomes when
determining eligibility for grant renewal. CDE is
required to develop standardized procedures and tools to
collect the indicators and to consult with the
evaluation committee of the Advisory Committee on Before
and After School Programs.
The federal Family Educational Rights and Privacy Act
(FERPA) protects the privacy of pupil records. The FERPA
specifically allows schools to disclose pupil records,
without parental consent, to contractors, consultants,
volunteers, and other outside parties to whom an
educational agency or institution has outsourced
institutional services or functions.
This bill authorizes the sharing of pupil data between
schools and ASES programs with which that school contracts.
Specifically, this bill authorizes ASES grantees that are
local education agencies to submit the following pupil
data, to the extent consistent with federal and state
privacy laws, to an operator of an after school program
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with which the school has a contract.
1.Schoolday attendance data.
2.Standardized Testing and Reporting test scores, and
scores on individual California Standards Tests.
3.High school exit exam scores.
4.English language development test placement or
reclassification scores.
5. California Healthy Kids Survey results are to remain in
aggregate form.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/4/10)(Unable to reverify at time of
writing)
Aspiranet
California Alliance of Boys and Girls Clubs
California Association for Health, Physical Education,
Recreation and Dance
Fight Crime: Invest in Kids
League of California Afterschool Providers
ARGUMENTS IN SUPPORT : According to the author, "Some
after school providers have difficulty obtaining student
academic performance data. California After School Network
polled after school providers in February 2010 regarding
their data sharing experience with school districts. The
survey concluded that an overwhelmingly high number of
districts do not share data with after school providers.
One of the primary concerns cited in the report was student
privacy. AB 2178 addresses the student privacy concerns by
conforming to FERPA."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,
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Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Tom Berryhill, Lieu, Audra Strickland,
Vacancy
PQ:mw 8/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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