BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    SB 19|
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                              UNFINISHED BUSINESS


          Bill No:  SB 19
          Author:   Simitian (D)
          Amended:  9/8/09
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 4/22/09
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Maldonado,  
            Padilla, Simitian, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  35-2, 5/26/09
          AYES:  Alquist, Ashburn, Benoit, Calderon, Cedillo,  
            Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,  
            Ducheny, Dutton, Florez, Hancock, Harman, Huff, Kehoe,  
            Leno, Liu, Lowenthal, Maldonado, Negrete McLeod, Oropeza,  
            Padilla, Pavley, Romero, Simitian, Steinberg, Strickland,  
            Wiggins, Wolk, Wright, Wyland, Yee
          NOES:  Aanestad, Hollingsworth
          NO VOTE RECORDED:  Runner, Walters, Vacancy

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Education data

           SOURCE  :     Author


           DIGEST  :     Assembly Amendments  delete the Senate version of  
          the bill which was being used as a vehicle for what the  
          bill has now become.
                                                           CONTINUED





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          This bill now 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.

           ANALYSIS  :    Current law establishes the Office of the  
          State Chief Information Office appointed by the Governor to  
          advise the Governor on the strategic management of the  
          state's information technology resources, coordinate the  
          activities of agency chief information officers and ensure  
          compliance with information technology policies and  
          standards, among other duties.  The office is the successor  
          to the office of Technology Review, Oversight, and Security  
          within the Department of Finance.  The office has no  
          authority over the Legislature, or the Legislative Data  
          Center or the Legislative Counsel Bureau.

           Specifics of the Bill
           
          1. Authorizes the use of federal grant funds, received  
             pursuant to the American Recovery and Reinvestment Act  
             of 2009 (ARRA) and provides 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 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, 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 prohibition against data in the California  
             Longitudinal Teacher Integrated Data Education System  
             (CALTIDES) being used, either solely or in conjunction  
             with data from the California Longitudinal Pupil  
             Achievement Data System (CALPADS), for purposes to pay,  







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             promotion, sanction, or personnel evaluation of an  
             individual teacher or groups of teachers, or of any  
             other employment decisions related to individual  
             teachers.  Also adds language clarifying the 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 elimination of  
             this requirement.

          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 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.  Requires the SPI to  
             submit an expenditure plan detailing costs to the  
             Department of Finance (DOF) prior to data elements being  
             added, and in turn requires DOF to notify the Joint  
             Legislative Budget Committee within 10 days of receipt  
             of that plan.

           Comments

           According to the author's office, this bill is "intended to  
          cover the data systems-related changes needed for the  
          purposes 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'  
          office, to meet the requirements recently proposed by the  
          United States Department of Education (USDEO) 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  







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          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 the 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,  
          209, and grants awards are expected to be announced in May  
          of 2010.  The five 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  
          Office, 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 competitive, it is also possible that  
          California will receive no funding under this program.

          On July 29, 2009, the USDEO 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  







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          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,  
          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; this requirement is ambiguously stated  
          in the notice, and 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 RTTT  
          grant applications 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 19 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).

           Authorization of the use of Federal Funds for Activities of  
          the CIO related to SB 1298  .  According to the author's  
          office, 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 the 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 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.  







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           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  
          "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."  This new requirement is consistent with  
          the charge to the working group and 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 requires the governing board of each school  
          district to evaluate and assess certificated employee  
          performance as it reasonably relates, among other items, to  
          the progress of pupils toward the state adopted academic  
          content standards as measured by state adopted criterion  
          referenced assessments.  However, the perception has  







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          developed that EC Section 10601.5 prevents LEA from so  
          evaluating teachers, since that section prohibits the use  
          of CALTIDES data, either solely or in conjunction with  
          CALPADS data, for the 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.  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.

           Repeal of the 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  







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          required by federal law.  This change does not increase 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 only  
          those data elements necessary for compliance with the  
          federal No Child Left Behind Act to also include those  
          necessary for compliance with ARRA.  The expansion of  
          authority for the SPI, with the approval of the SBE, to  
          require data elements necessary for compliance with ARRA  
          allows the state to fully adapt to the new requirements  
          specified in ARRA and thus to include any data elements  
          necessary to compete for an ARRA grant, including those  
          under RTTT.  The bill also requires the SPI to submit an  
          expenditure plan, detailing any state operations and local  
          education agency costs, to DOF prior to any additional data  
          elements being deemed necessary under this authority, and  
          in turn requiring DOF 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.  
           
           Prior and Related Legislation

           SB 1XXXXX (Romero), pending in the Senate, proposes  
          language repealing the perceived prohibition on using pupil  
          data to evaluate teachers; that bill also makes additional  
          proposals.  SB 2XXX (Simitian), also pending in the Senate,  
          is substantially similar to this bill.  SB 1298 (Simitian),  
          Chapter 561, Statutes of 2008, established processes by  
          which LEAs and public institutions of higher education  
          issue, maintain, and report information using the unique  
          statewide student identifiers required under current law.   







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          SB 1614 (Simitian), Chapter 840, Statutes of 2006, required  
          the development of CALTIDES to serve as a central state  
          repository of information on the teacher workforce.  SB  
          1453 (Alpert), Chapter 1002, Statutes of 2002, authorized  
          the longitudinal data system in its current form, and  
          specifies that the system be known as CALPADS.  
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          According to the Assembly Appropriations Committee,  
          potential General Fund Proposition 98 cost pressure, likely  
          in the hundreds of thousands, to LEAs to collect and  
          maintain data in CALPADS, as required by ARRA and deemed  
          necessary by the SPI.  The data collection requirements are  
          a condition of receiving ARRA funds; however, given the  
          severe reductions LEAs have incurred over the last two  
          years, the collection and maintenance of additional data  
          elements may create costs.  The Assembly Education  
          Committee also notes that the state may receive as much as  
          $500 million in one-time federal funds under RTTT.

           SUPPORT  :   (Verified  9/10/09)

          Advancement Project
          Bay Area Council
          California ACORN
          California Public Advocates
          California School Boards Association
          Californians for Justice
          Children Now
          Education Trust-West
          Fight Crime:  Invest in Kids
          League of Women Voters in California
          Los Angeles Area Chamber of Commerce
          PICO California
          Preschool California
          Regional Economic Association Leaders Coalition
          The Education of Trust-West

           ARGUMENTS IN SUPPORT  :    The Los Angeles Area Chamber of  
          Commerce states, "SB 19 is needed to enact statutory  
          changes necessary to create a culture of continuous  
          improvement through the use of data and the creation of a  







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          comprehensive information system for education, including  
          early care and education programs.

          "In addition, in order for California to receive $4.87  
          billion for education from the State Fiscal Stabilization  
          Fund of the American Recovery and Reinvestment Act, we must  
          provide an assurance that the 'The State will establish a  
          longitudinal data system that includes the elements  
          described in section 6401(e)(2)(D) of the America COMPETES  
          Act (20 U.S.C.9871.)'  Therefore, we urge you to codify  
          this assurance in SB 19 and ensure that it is consistent  
          with the early care and education to higher education  
          provisions you secured in the Education Data and  
          Information Act of 2008 (SB 1298)."


          DLW:cm  9/10/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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