BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 19
                                                                  Page  1

          Date of Hearing:   September 3, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   SB 19 (Simitian) - As Amended:  August 27, 2009

           SENATE VOTE  : Not Relevant
           
          SUBJECT  : Education Data

          SUMMARY  : Makes statutory changes, related to the collection,  
          reporting and use of data, some of which may be necessary for  
          California to qualify for specific one-time funding programs  
          under the American Recovery and Reinvestment Act of 2009 (ARRA).  
           Specifically,  this bill  : 

          1)Authorizes the use of federal grant funds, received pursuant  
            to ARRA and provided for statewide data systems, to fund  
            activities currently required of the working group created by  
            the State Chief Information Officer (CIO) related to the  
            creation of a strategic plan to link education data systems  
            from K-12 and higher education.

          2)Adds an additional issue, to include interagency agreements to  
            facilitate the transfer of data from one segment to another  
            and ultimately to include linkages to workforce data, to the  
            strategic plan being created by the CIO's working group; also  
            extends the due date for the delivery of the strategic plan by  
            the CIO to the Legislature and Governor from September 1, 2009  
            to January 1, 2010.

          3)Deletes the current requirement that data in the California  
            Longitudinal Teacher Integrated Data Education System  
            (CALTIDES) not be used, either solely or in conjunction with  
            data from the California Longitudinal Pupil Achievement Data  
            System (CALPADS), for purposes of pay, promotion, sanction, or  
            personnel evaluation of an individual teacher or groups of  
            teachers, or of any other employment decisions related to  
            individual teachers; also replaces this prohibition with  
            specific authority to use data from these systems for the  
            stated purposes.

          4)Provides an exception to the prohibition against the  
            California Department of Education (CDE) requiring state and  
            federally funded center based child care and development  








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            programs administered by the CDE to implement or maintain the  
            unique Statewide Student Identifiers (SSID) being used in  
            CALPADS until an appropriation for this purpose is provided,  
            by excepting the extent to which this is required by federal  
            law, or needed to ensure compliance with federal law.

          5)Adds to the authority granted to the Superintendent of Public  
            Instruction (SPI) to add data elements deemed necessary to  
            CALPADS, with approval of the State Board of Education (SBE),  
            to comply with the federal reporting requirements delineated  
            in ARRA.  Also specifically requires other data elements  
            including, but not necessarily limited to:

             a)   The ability to match teachers to their pupils with the  
               intent to correlate pupil achievement and performance with  
               teacher preparation programs.

             b)   The ability to include evaluation data for teachers and  
               principals.

             c)   Pupils' scores on tests measuring whether pupils are  
               prepared for a postsecondary educational institution,  
               including, but not limited to, the California State  
               University Early Assessment Program test.

             d)   Data on the level of pupils' success in a postsecondary  
               educational institution, including whether pupils are  
               enrolled in remedial courses.

             e)   Data on whether pupils are prepared to succeed in a  
               postsecondary educational institution.

             f)   The ability to share data from data systems at all  
               levels, from preschool through postsecondary education,  
               inclusive.

          6)Requires the Employment Development Department (EDD) to make  
            wage record system information, necessary for the purposes of  
            implementing CALTIDES, available to the Commission on Teacher  
            Credentialing (CTC).

           EXISTING LAW  :

          1)Authorizes CALPADS and requires the CDE to contract for the  
            development of a system that will provide for the retention  








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            and analysis of longitudinal K-12 pupil achievement data on  
            Standardized Testing and Reporting (STAR) program assessments,  
            the high school exit examination, and English language  
            development assessments.

          2)Authorizes CALTIDES and requires the CDE, in collaboration  
            with the CTC, to contract for the development of a system that  
            will streamline processes, improve the efficiency of data  
            collection by CDE, CTC and EDD, and improve the quality of  
            data collected from local educational agencies and teacher  
            preparation programs; these provisions do not specifically  
            authorize EDD to provide workforce or wage information for  
            individuals.

          3)Requires CDE to establish a process by which local education  
            agencies (LEA) issue, maintain, and report information using  
            the unique Statewide Student Identifiers (SSID), being used in  
            CALPADS, for state and federally funded center based child  
            care and development programs administered by the CDE, but  
            prohibits requiring those programs to implement or maintain  
            the SSIDs until an appropriation for this purpose is provided.

          4)Requires each of the three public higher education systems to  
            establish a process by which colleges and universities within  
            those systems issue, maintain and report information using  
            SSIDs, and to provide an annual report to the Governor and the  
            appropriate policy and fiscal committees of the Legislature  
            that includes a detailed timeline for the implementation,  
            maintenance, and use of the SSIDs.

          5)Establishes the CIO as a cabinet-level position responsible  
            for coordination and strategic planning in the area of  
            information technology, and requires the CIO to convene a  
            working group, representing the SPI, the SBE, the three  
            systems of California public higher education, and any other  
            governmental entities that collect, report, or use individual  
            education data that would become part of the comprehensive  
            educational data system, to develop a strategic plan that  
            would provide an overall structural design for the linked data  
            system, examine current state education data systems, and  
            examine the interdepartmental data protocols and procedures to  
            be used by state agencies in collecting, storing,  
            manipulating, sharing, retrieving, and releasing data in order  
            to enable the linking of data systems; the strategic plan is  
            required to be delivered to the Legislature and the Governor  








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            on or before September 1, 2009.

          6)States legislative intent to convene a staff level working  
            group that is representative of the policy and fiscal staff of  
            both houses of the Legislature and both parties, the  
            Governor's office, the SPI, the Legislative Analyst's Office  
            (LAO), and all three systems of California public higher  
            education; requires the working group to make recommendations  
            related to the governance of educational data, including, but  
            not limited to, the organizational structure of the governing  
            entity, its relationship to other agencies, the scope of its  
            authorities and responsibilities, methods for holding the  
            governing entity accountable, and methods for ensuring that  
            the governing entity's work primarily serves the purposes of  
            educational improvement at the same time as ensuring the  
            privacy of any data under its charge.

           FISCAL EFFECT  : Unknown

           COMMENTS  : This bill in an earlier version was heard by this  
          Committee.  In that earlier version this bill made one of the  
          six proposals now made in the bill, and proposed to authorize  
          the use of the federal funds to cover the CIO's costs related to  
          a working group created by SB 1298 (Simitian), Chapter 561,  
          Statutes of 2008.  

          During the Committee's earlier hearing of this bill, the author  
          noted that, "Legislation will be needed to enact the statutory  
          changes necessary to maximize the use of the federal stimulus  
          funds?", and raised the possibility that substantive amendments,  
          adding content that would position the state to compete for  
          these funds, would be made to this bill once additional guidance  
          related to the state-level data systems grant competition was  
          released by the federal government. The author also committed to  
          keeping policy committee staff informed as to the development of  
          those future amendments, and has met that commitment; in that  
          hearing the author also stated his understanding that the  
          Committee may ask for the bill to be re-referred for the purpose  
          of hearing any substantive amendments made in the future.  The  
          bill has now been re-referred for this hearing.  Most of the  
          proposals in this bill have not been heard in a policy  
          committee.

          According to the author, this bill, as amended, is "intended to  
          cover the data systems-related changes needed for the purposes  








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          of competing for federal funds."  The bill now proposes to enact  
          those statutory changes, relating to the collection, reporting  
          and use of data in both CALPADS and CALTIDES, that are  
          necessary, according to the author, to meet the requirements  
          recently proposed by the United State Department of Education  
          (USDOE) for funding under the competitive grant programs of  
          ARRA.

          One of those programs for which California may compete is the  
          Grant Program for Statewide Longitudinal Data Systems  
          administered by the Institute of Education Sciences (IES grant)  
          under ARRA.  Funding provided through this competitive grant  
          program is to be used for statewide data systems that, in  
          addition to P-12 data, also include postsecondary and workforce  
          information. Grants will support the development and  
          implementation of P-20 systems that have the capacity to link  
          individual student data across time and across databases,  
          including matching teachers to students, promote easy matching  
          and linking of data across institutions and States, and protect  
          privacy consistent with applicable privacy protection laws.  A  
          total of $245 million is available nationwide, with average  
          grant awards estimated at from $2 to $20 million over the  
          lifetime of the project.  The submission deadline for the  
          Statewide Longitudinal Data Systems Grant is November 19, 2009,  
          and grants awards are expected to be announced in May of 2010.   
          The six proposals made in this bill, if this bill is enacted,  
          will work to make California's application for these IES grant  
          funds more competitive.

          ARRA also includes other formula-driven and competitive grants  
          for K-12 education.  Approximately $5 billion in one-time  
          funding will be available nationwide across three separate  
          competitive Race to the Top grants: 1) State Incentive Grants  
          (herein referred to as RTTT grants), totaling over $4 Billion  
          nationwide; 2) State Standards and Assessments Grants, totaling  
          approximately $350 million; and 3) District Innovation Grants  
          totaling approximately $650 million.  This bill also deals with  
          some of the requirements associated with the State Incentive  
          Grant program; the latter two grant programs are still under  
          development by the federal government and no guidance has been  
          released.  According to the Legislative Analyst's Office (LAO),  
          it is possible that California could qualify for between $500  
          million and $1 billion in State Incentive Grant one-time  
          funding, depending on the number of states that apply and  
          various other factors; however, since this grant program is  








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          competitive, it is also possible that California will receive no  
          funding under this program.

          On July 29, 2009, the United States Department of Education  
          (USDOE) issued a notice of proposed priorities, requirements,  
          definitions, and selection criteria for states applying for RTTT  
          grants.  Comments on this preliminary guidance was due back to  
          the USDOE August 28, 2009, final guidance will be announced at a  
          later date, Phase 1 of the application period will open in late  
          calendar year 2009, and additional states will be allowed to  
          apply in Phase 2 during the spring of 2010.  Phase 1 and Phase 2  
          awards will be made in the spring and fall of 2010,  
          respectively.  There appears to be little difference in the  
          requirements applied to Phase 1 versus Phase 2 applications,  
          with one notable exception, concerning a state's adoption of a  
          nationwide common core of academic content standards, that is  
          ambiguously stated in the notice; this requirement should be  
          clarified by USDOE in its final guidance.  There are also no  
          stated penalties or rewards for application in Phase 1 versus  
          Phase 2.

          The USDOE preliminary guidance proposes various requirements and  
          criteria that will be applied to RTT grant applicants and  
          applications.  This includes two requirements and one priority  
          necessary for eligibility, and eight administrative application  
          requirements - all of which must be met in order for the  
          application to qualify; this guidance also includes nineteen  
          selection criteria that will bear on an application's  
          competitive score, and four priorities that serve to enhance an  
          application (only the first of these four will be reflected in  
          an application's score).  Table 1 summarizes these requirements  
          and criteria.




           ----------------------------------------------------------------- 
          |          TABLE 1: RTTT GRANT REQUIREMENTS AND CRITERIA          |
          |-----------------------------------------------------------------|
          |                                                                 |
          |-----------------------------------------------------------------|
          |1)Eligibility Requirements                                       |
          |-----------------------------------------------------------------|
          |   a)     Approval for second-round State Fiscal Stabilization   |
          |     Funding (SFSF), including meeting 33 specific data and      |








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          |     reporting requirements                                      |
          |-----------------------------------------------------------------|
          |   b)   No legal barriers to using student achievement data for  |
          |     the purposes of teachers/principal evaluation               |
          |-----------------------------------------------------------------|
          |                                                                 |
          |-----------------------------------------------------------------|
          |TABLE 1: RTTT GRANT REQUIREMENTS AND CRITERIA (cont.)            |
          |-----------------------------------------------------------------|
          |2)   Eligibility Priority                                        |
          |-----------------------------------------------------------------|
          |   a)   Have a coherent and comprehensive plan for addressing    |
          |     four reform areas:                                          |
          |     i)     Standards and Assessments                            |
          |     ii)    Data Systems to Support Instruction                  |
          |     iii)   Great Teachers and Leaders                           |
          |     iv)       Turning Around Struggling                         |
          |Schools.                                                         |
          |-----------------------------------------------------------------|
          |                                                                 |
          |-----------------------------------------------------------------|
          |3) Administrative Application Requirements                       |
          |-----------------------------------------------------------------|
          |   a)     Approval of the Governor, Superintendent of Public     |
          |     Instruction, and President of the State Board of Education  |
          |-----------------------------------------------------------------|
          |   b)   Describe progress to date in and have a coherent and     |
          |     comprehensive plan for addressing four reform areas:        |
          |-----------------------------------------------------------------|
          |     i)     Standards and Assessments                            |
          |-----------------------------------------------------------------|
          |     ii)    Data Systems to Support Instruction                  |
          |-----------------------------------------------------------------|
          |     iii)   Great Teachers and Leaders                           |
          |-----------------------------------------------------------------|
          |     iv)    Turning Around Struggling Schools.                   |
          |-----------------------------------------------------------------|
          |   c)   Provide data to show whether appropriations to           |
          |     elementary, secondary and higher education increased or     |
          |     decreased from FY 2008 to FY 2009                           |
          |-----------------------------------------------------------------|
          |   d)   Show statewide support for the application from          |
          |     stakeholders and local educational agencies, including      |
          |     public charter schools                                      |
          |-----------------------------------------------------------------|








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          |   e)   Include a budget showing how grant funds will be         |
          |     expended and show that 50 percent of the funds will be      |
          |     provided to local educational agencies                      |
          |-----------------------------------------------------------------|
          |   f)   Show the state's status in terms of meeting each of the  |
          |     proposed selection criteria                                 |
          |-----------------------------------------------------------------|
          |   g)   Provide a completed plan if that criterion requires a    |
          |     plan                                                        |
          |-----------------------------------------------------------------|
          |   h)   Submit certification from the California Attorney        |
          |     General that the applications descriptions, statements, and |
          |     conclusions concerning state law are complete, accurate,    |
          |     and reasonable                                              |
          |-----------------------------------------------------------------|
          |                                                                 |
          |-----------------------------------------------------------------|
          |4)Proposed Selection Criteria                                    |
          |-----------------------------------------------------------------|
          |   a)     Standards and Assessments                              |
          |-----------------------------------------------------------------|
          |     i)     Develop and adopt common standards                   |
          |-----------------------------------------------------------------|
          |     ii)       Develop and implement common assessments          |
          |-----------------------------------------------------------------|
          |     iii)   Have a plan to support transition to enhanced        |
          |       standards and assessments                                 |
          |-----------------------------------------------------------------|
          |   b)   Data Systems to Support Instruction                      |
          |-----------------------------------------------------------------|
          |     i)     Intend to implement a statewide longitudinal data    |
          |       system that includes elements of the America COMPETES Act |
          |-----------------------------------------------------------------|
          |     ii)    Have a plan to ensure access to and use of state     |
          |       data                                                      |
          |-----------------------------------------------------------------|
          |     iii)   Have a plan to use data to improve instruction       |
          |-----------------------------------------------------------------|
          |   c)   Great Teachers and Leaders                               |
          |-----------------------------------------------------------------|
          |     i)     Provide alternative pathways for aspiring teachers   |
          |       and principals                                            |
          |-----------------------------------------------------------------|
          |     ii)    Have a plan to differentiate teacher and principal   |
          |       effectiveness based on performance                        |








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          |-----------------------------------------------------------------|
          |     iii)   Have a plan to ensure equitable distribution of      |
          |       effective teachers and principals                         |
          |-----------------------------------------------------------------|
          |     iv)    Have a plan to report the effectiveness of teacher   |
          |       and principal preparation programs                        |
          |-----------------------------------------------------------------|
          |     v)     Have a plan to provide effective support to teachers |
          |       and principals                                            |
          |-----------------------------------------------------------------|
          |   d)   Turning Around Struggling Schools                        |
          |-----------------------------------------------------------------|
          |     i)     Intervene in lowest-performing schools and districts |
          |-----------------------------------------------------------------|
          |     ii)    Increase supply of high-quality charter schools      |
          |-----------------------------------------------------------------|
          |TABLE 1: RTTT GRANT REQUIREMENTS AND CRITERIA (cont.)            |
          |-----------------------------------------------------------------|
          |     iii)       Have a plan to turn around struggling schools    |
          |-----------------------------------------------------------------|
          |   e)   Overall Selection Criteria                               |
          |-----------------------------------------------------------------|
          |     i)     Demonstrate significant progress                     |
          |-----------------------------------------------------------------|
          |     ii)    Make education funding a priority                    |
          |-----------------------------------------------------------------|
          |     iii)   Enlist statewide support and commitment              |
          |-----------------------------------------------------------------|
                  |     iv)    Have a plan to raise achievement and close gaps      |
          |-----------------------------------------------------------------|
          |     v)     Have a plan to build strong statewide capacity to    |
          |       implement, scale, and sustain proposed plans              |
          |-----------------------------------------------------------------|
          |                                                                 |
          |-----------------------------------------------------------------|
          |5)Enhancement Priorities                                         |
          |-----------------------------------------------------------------|
          |   a)     Place special emphasis on science, technology,         |
          |     engineering, and mathematics                                |
          |-----------------------------------------------------------------|
          |   b)   Expand Statewide Longitudinal Data Systems into special  |
          |     education, English language proficiency or pre-K programs,  |
          |     health and human services or finance                        |
          |-----------------------------------------------------------------|
          |   c)   Coordinate P-20 Education by planning for improving      |








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          |     coordination between pre-K, K-12, higher education and      |
          |     workforce entities                                          |
          |-----------------------------------------------------------------|
          |   d)   Expand School-Level Decision Making through districts    |
          |     providing schools with increased authority to make          |
          |personnel, budget, or program decisions                          |
           ----------------------------------------------------------------- 


          Not all of the changes proposed in this bill will be necessary  
          to meet the requirements of the RTTT grant programs summarized  
          above.  In addition, it is unclear as to whether the USDOE  
          guidelines will change between now and the winter 2009/spring  
          2010 application periods, or whether the changes proposed in  
          this bill, that are related to the RTTT requirements and  
          criteria, would satisfy the grant reviewers that USDOE will  
          employ to judge the applications submitted to the RTTT grant  
          competition.  It is clear that this bill proposes to enact the  
          only statutory change necessary, according to the LAO, for  
          California to meet the eligibility requirements of the RTTT  
          grant program.

          The six proposals made by this bill are related to:

          1)Authorization of the use of federal funds for activities of  
            the CIO required under SB 1298.

          2)Expansion of the charge given to the CIO under SB 1298, and  
            extension of a related deadline.

          3)Repeal of a perceived prohibition on using pupil data to  
            evaluate teachers.
           
           4)Repeal of a prohibition on requiring pre-K center based  
            programs to implement specific data requirements, to the  
            extent that federal law so requires such data collection

          5)Expansion of the data elements required to be collected in  
            CALPADS.

          6)Requirement that EDD provide workforce wage data on teachers  
            to the CTC.

           Authorization of the use of federal funds for activities of the  
          CIO related to SB 1298








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          This proposal was previously heard and passed by the Committee.   
          According to the author at that time, "SB 19 addresses one  
          outstanding item from last year's SB 1298 related to the state's  
          vision for a comprehensive education data system; specifically,  
          the requirement of the [CIO] to prepare a technical plan to link  
          statewide information systems and education data... the bill  
          authorizes use of the federal funds to cover the CIO's costs  
          related to the SB 1298 linkages work group."  This bill merely  
          authorizes such a use, but does not provide the necessary  
          expenditure authority to allow these federal funds to be so  
          used; additional expenditure authority would be required to be  
          granted by the Legislature in order to have the funds available  
          to the CIO for this purpose.  This proposal relates to  
          California's RTTT grant proposal only in that it may generally  
          further the expansion of the state's educational data system;  
          this action is not specifically required to meet the RTTT grant  
          requirements and criteria.

           Expansion of the charge given to the CIO under SB 1298
           
          SB 1298 requires the CIO to convene a working group,  
          representing the SPI, the SBE, the three systems of California  
          public higher education, and any other governmental entities  
          that collect, report, or use individual education data that  
          would become part of the comprehensive educational data system.   
          The CIO, along with this working group, is required to develop a  
          strategic plan, to be delivered to the Legislature and the  
          Governor on or before September 1, 2009, that would provide an  
          overall structural design for the linked data system, examine  
          current state education data systems, and examine the  
          interdepartmental data protocols and procedures to be used by  
          state agencies in collecting, storing, manipulating, sharing,  
          retrieving, and releasing data in order to enable the linking of  
          data systems.  This group began meeting in early May.

          This bill proposes to add "Include interagency agreements to  
          facilitate the transfer of data from one segment to another and  
          ultimately to include linkages to workforce data." to the  
          elements required of the strategic plan.  This could be  
          interpreted as an expansion in the scope of activities with  
          which the CIO is charged in that the CIO might interpret this as  
          authority to require, approve or provide oversight on  
          interagency agreements between agencies which are currently  
          authorized to enter into such agreements.  The amendment is also  








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          structured in a manner that is inconsistent with the other  
          requirements of the strategic plan.  Committee staff recommends  
          that this proposal be amended to read, "Identify specific  
          procedures and policies that would facilitate the sharing and  
          transfer of data from one segment to another and ultimately to  
          include linkages to workforce data." so as to be consistent with  
          other strategic plan requirements placed on the CIO and the  
          working group.

          This bill also proposes to extend the date by which the  
          strategic plan is to be delivered by the CIO to the Legislature  
          and the Governor from September 1, 2009 to January 1, 2010.   
          These proposals relate to California's RTTT grant proposal only  
          in that they may generally further the expansion of the state's  
          educational data system; these actions are not specifically  
          required to meet the RTTT grant requirements and criteria.

           Repeal of a perceived prohibition on using pupil data to  
          evaluate teachers
           
          California has no effective prohibition on the use of pupil  
          achievement data in making performance evaluations of  
          certificated employees.  In fact, subdivision (b) of Section  
          44662 of the Education Code (EC) clearly states that:
               (b) The governing board of each school district  
               shall evaluate and assess certificated employee  
               performance as it reasonably relates to:
                  1)        The progress of pupils toward the  
                    standards established pursuant to [statute]  
                    and, if applicable, the state adopted  
                    academic content standards as measured by  
                    state adopted criterion referenced  
                    assessments.
                  2)        The instructional techniques and  
                    strategies used by the employee.
                  3)        The employee's adherence to  
                    curricular objectives.
                  4)        The establishment and maintenance of  
                    a suitable learning environment, within the  
                    scope of the employee's responsibilities.

          However, the perception has developed that EC Section 10601.5  
          prevents local educational agencies (LEA) from so evaluating  
          teachers, since that section prohibits the use of CALTIDES data,  
          either solely or in conjunction with CALPADS data, for the  








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          purposes of any employment decision related to individual  
          teachers.  This prohibition, of course, would not prevent a LEA  
          from using data that it possesses in its own local data systems  
          to make such evaluations; this local data includes, in fact, the  
          data that the LEA submits to the state and that populates both  
          CALTIDES and CALPADS.  Thus there would be no reason for a LEA  
          to use CALTIDES and CALPADS to evaluate its own teachers; it  
          would simply be administratively easier for a LEA to use its own  
          data.

          According to Legislative Counsel, however, in the context of the  
          RTTT grant applications, the decision as to whether California  
          has or does not have a prohibition or firewall against the use  
          of pupil performance data to evaluate teachers is at the sole  
          discretion of the U.S. Secretary of Education, Arne Duncan.   
          Secretary Duncan has been quoted as saying that California has  
          such a barrier and will therefore be ineligible to compete for  
          RTTT grant funding as long as that barrier exists.  This bill  
          proposes to eliminate that prohibition and replace it with  
          explicit authority to use CALTIDES and CALPADS data to evaluate  
          individual teachers.  

          Committee staff recommends that the bill be amended so as to  
          repeal the perceived prohibition in order to eliminate the clear  
          barrier to eligibility that faces California's RTTT grant  
          application, without making a statement of explicit authority.   
          This explicit authority is unnecessary given the permissive  
          nature of the EC and existing statute related to teacher  
          evaluation; providing such explicit authority is redundant.   
          Repeal of the first sentence in subdivision (c) of EC Section  
          10601.5 clearly removes the barrier perceived by Secretary  
          Duncan without adding unnecessary language to statute.  In  
          addition, Committee staff recommends the inclusion of language  
          clarifying that state and federal law protecting the privacy of  
          personally identifiable data for all individuals applies to the  
          uses of data that may occur following the repeal of this  
          firewall.

          According to the LAO, this repeal of the prohibition on the use  
          of pupil performance data in the evaluation of teachers is the  
          only statutory change necessary for California to make in order  
          to meet the eligibility requirements of the RTTT grant program.

          It should be noted that there are greater obstacles to any  
          state, including California, attempting to evaluate teachers  








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          solely or primarily on the basis of pupil performance as  
          measured by large-scale assessments; perhaps the most  
          significant additional obstacle is the fact that most state  
          testing systems are not designed to produce scores that clearly  
          measure growth in individual pupil performance from year to year  
          and/or are not designed to support high stakes decisions for  
          individual pupils or teachers.  For example, in California, even  
          though individual STAR test scores look the same from one year  
          to the next and allow a relative comparison to other students in  
          the same grade level in a given year, a student's scores are not  
          comparable across grade levels; this means that the student,  
          parents, and teachers can not tell if a student has improved or  
          is achieving at a lower level from one year to the next based on  
          the test scores that they receive.  In short, we don't know  
          whether the 520 that a student scores this year is higher,  
          lower, or the same as the 500 that student scored in the  
          previous grade.  The primary impact of this shortcoming is that  
          we are unable to determine whether a specific instructional  
          program or a specific instructor actually contributed to a  
          student's academic growth from one year to the next.  As long as  
          these comparisons over time are invalid, any conclusion about  
          whether specific factors (e.g., programs or teachers)  
          contributed to a student's performance in a given year will be  
          equally invalid.  In addition, California's STAR tests were not  
          designed to be psychometrically robust enough to support high  
          stakes decisions; in fact, the Legislature has never authorized  
          STAR scores to be used in making high stakes decisions about an  
          individual pupil, including decisions such as retention,  
          promotion, or graduation.

           Repeal of a prohibition on requiring pre-K center based programs  
          to implement specific data requirements, to the extent that  
          federal law so requires such data collection  

          Current law, as enacted by SB 1298 (Simitian), requires the CDE  
          to establish a process by which LEAs issue, maintain, and report  
          information, using the unique SSID being used in CALPADS, for  
          state and federally funded center based child care and  
          development programs administered by the CDE, but current law  
          prohibits requiring those programs to implement or maintain the  
          SSIDs until an appropriation for this purpose is provided.  This  
          bill softens that prohibition by allowing the CDE to make this  
          requirement to the extent that it is necessary to comply with or  
          is otherwise required by federal law.









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          The inclusion of the current prohibition in SB 1298 serves to  
          limit the state's exposure to mandated cost reimbursement  
          claims; since costs stemming from federal requirements are not  
          reimbursable, this proposal would continue to limit the state's  
          liability.  This proposal also may make California's RTTT grant  
          application more competitive under the enhancement criterion  
          that calls for expansion of state longitudinal data systems to  
          include pre-K data.

           Expansion of the data elements required to be collected in  
          CALPADS  

          This bill proposes to expand the scope of "other data elements  
          deemed necessary," that may be identified by the SPI, with  
          approval of the SBE, to be required to be retained in individual  
          pupil records by LEAs, from those data elements necessary for  
          compliance with the federal No Child Left Behind Act to also  
          include those necessary for compliance with ARRA.  The bill also  
          specifies six data elements to be included as these "other data  
          elements."  While the expansion of authority for the SPI, with  
          the approval of the SBE, to require data elements necessary for  
          compliance with ARRA allows that state to fully adapt to the new  
          requirements specified in ARRA, the addition of specific data  
          elements to statutory language that already provides full  
          authority to administratively add any "other data elements  
          deemed necessary" is redundant and unnecessary.  Committee staff  
          recommends that the six data elements proposed to be specified  
          under paragraph (5) of subdivision (e) of EC Section 60900 be  
          deleted, and that the full authority granted to the SPI and SBE  
          to include any data elements deemed necessary be retained.   
          Current law, amended to expand to compliance with ARRA, will  
          allow the state to include any data elements necessary to  
          compete for a RTTT grant.  Committee staff also recommends  
          requiring the SPI to submit an expenditure plan, detailing any  
          state operations and local education agency costs, to the  
          Department of Finance prior to any additional data elements  
          being deemed necessary under this authority, and in turn  
          requiring the Department of Finance to notify the Joint  
          Legislative Budget Committee within 10 days of receipt of the  
          expenditure plan; in this way both the administration and the  
          Legislature will be aware of any cost implications associated  
          with expansion of the data elements in this system.

           Requirement that EDD provide workforce wage data on teachers to  
          the CTC








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          SB 1614 (Simitian), Chapter 840, Statutes of 2006, requires the  
          development of CALTIDES to serve as a central state repository  
          of information on the teacher workforce.  CALTIDES was created  
          to enable the analysis of workforce trends, including mobility,  
          retention, attrition, evaluation of teacher preparation  
          programs, and monitoring of teacher assignments by consolidating  
          data that was already collected by state agencies, including CDE  
          and EDD, and county offices of education and districts.  The  
          data sharing necessary to populate CALTIDES has been hampered by  
          the lack of explicit authority for EDD to provide individual  
          wage record information on certificated staff; this bill  
          proposes to require EDD to provide that data to the CTC.

          This proposal relates to California's RTTT grant proposal only  
          in that it may generally further the expansion of the state's  
          educational data system; this action is not specifically  
          required to meet the RTTT grant requirements and criteria.

          As a general note, Committee staff also recommends technical  
          amendments suggested by the Legislative Counsel to avoid  
          ambiguity when using the word "system" to refer to either the  
          California Education Information System or CALTIDES.

           Previous and related legislation  :  SB 1 X5 (Romero), pending in  
          the Senate, proposes language similar to the language in this  
          bill repealing the perceived prohibition on using pupil data to  
          evaluate teachers; that bill also makes additional proposals.   
          SB 2 X5 (Simitian), also pending in the Senate, is substantially  
          similar to this bill.  SB 1298 (Simitian), Chapter 561, Statutes  
          of 2008, establishes processes by which local education agencies  
          and public institutions of higher education issue, maintain, and  
          report information using the unique statewide student  
          identifiers required under current law.   SB 1614 (Simitian),  
          Chapter 840, Statutes of 2006, requires the development of  
          CALTIDES to serve as a central state repository of information  
          on the teacher workforce, and specifies that the California  
          Education Information System include CALPADS, which maintains  
          pupil data, and CBEDS, an annual collection of aggregate student  
          and staff data.  SB 1453 (Alpert), Chapter 1002, Statutes of  
          2002, authorizes the longitudinal data system in its current  
          form, and specifies that the system be known as CALPADS.  SB 90  
          (Committee on the Budget), Chapter 183, Statutes of 2007, Makes  
          statutory changes necessary to implement the 2007-08 state  
          Budget relating to the CIO and the OISPP.  SB 834 (Figueroa),  








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          Chapter 533, Statutes of 2006, makes the statutory changes  
          necessary to reflect the Governors Reorganization Plan 2, which  
          became effective July 9, 2005, and creates the Office of CIO in  
          state government.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Advancement Project
          Bay Area Council
          California School Boards Association
          Children Now
          Fight Crime: Invest in Kids
          League of Women Voters of California
          Preschool California
          Regional Economic Association Leaders (R.E.A.L.) Coalition
          The Education Trust-West
           
           Opposition 
           
          None on file

           Analysis Prepared by :    Gerald Shelton / ED. / (916) 319-2087