BILL ANALYSIS �
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1362 (Nestande) - As Amended: April 26, 2011
Policy Committee: Education
Vote:10-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes local education agencies (LEAs) to use
electronic attendance accounting (EAA) systems approved by the
State Department of Education (SDE) for the purpose of
satisfying minimum instructional requirements and calculating
average daily attendance (ADA).
Specifically, this bill:
1)Authorizes attendance records to be combined from one or more
systems, including manual and EAA systems approved by SDE, to
satisfy the current requirement that attendance records be
kept in a school register, as specified.
2)Requires EAA systems, at a minimum, to allow the teacher or
employer of the LEA to record the original date and time that
data is entered for each pupil and identify a password, or
other acceptable mechanism, for the identity of the individual
recording the attendance data.
3)Specifies this measure not be interpreted to authorize either
of the following: (a) the use of radio frequency
identification, global positioning systems, biometric
identification, or any other technology that allows the
tracking of pupils or the collection of pupil data; and (b)
the collection or release of pupil data in a manner that
violates state or federal privacy law.
FISCAL EFFECT
1)Potential one-time GF/98 costs, likely between $300,000 to
$500,000, to LEAs to implement an EAA system to collect
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attendance information. These one-time costs; however, would
likely be offset within one to two years due to the savings
LEAs would incur by implementing an electronic system to
collect attendance rather than continuing a manual system.
2)Minor, absorbable GF administrative costs to SDE to ensure
LEAs are implementing the requirements of this measure.
Currently, SDE is approving electronic systems. This measure
attempts to clarify the circumstances in which EAA systems may
be used.
COMMENTS
1)Background . Existing law requires SDE to approve the forms
and procedures that constitute LEAs attendance accounting
systems. In February 2008, SDE notified all county and
district superintendents of the intent of to allow LEAs to
replace manual teacher signatures with digital signatures or
other electronic certification processes for the purpose of
attendance accounting. SDE was to develop parameters for a
pilot program that would be available beginning in school year
2009-10. Prior to the 2009-10 school year, the department
approved attendance accounting systems in which teachers
manually sign and date attendance registers, as specified.
In August 2009, SDE sent a directive to all LEAs establishing
the following minimum characteristics by which it would
approve electronic attendance information: (a) a current
system with manual signatures has been approved; (b) the EAA
system has a procedure to track and verify initial attendance
is entered on the calendar day of the school day for which the
attendance is a record thereof; (c) the EAA system includes a
report that lists the dates of entry and modifications and
this information is accessible to teachers and administrators;
(d) if the EAA system relies on passwords, there must be
safeguards to ensure that these passwords are employee
specific; and (e) submission of the EAA system for SDE
approval includes a letter from the LEA's independent auditor
indicating the system has been reviewed by him or her, as
specified.
2)Rationale . LEAs are funded based on their ADA, which
generates the amount of revenue limit funding (general
purpose) they receive. In the 2010 Budget Act, LEAs received
approximately $30 billion in revenue limit funding. Of this
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amount, $19.1 billion are GF/98 funds and the remaining
funding is generated from local property taxes.
Given the monetary value in collecting ADA, SDE's ability to
ensure LEAs are reporting this information via an EAA system
in an accurate and timely manner is in the best interest of
both the state and LEAs. According to the author, the state's
ability to move to an EAA system "will help schools streamline
attendance accounting and achieve significant cost-savings. In
addition, by authorizing the combination of more than one mode
of approved attendance reporting, schools will be able to
overcome perceived barriers to design personalized programs
for each individual student."
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081