California Legislature—2013–14 Regular Session

Assembly BillNo. 1159


Introduced by Assembly Members Blumenfield and Bloom

February 22, 2013


An act to amend Sections 60607 and 60641 of, and to add Sections 60810.5 and 60851.5 to, the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

AB 1159, as introduced, Blumenfield. Pupils: achievement data: charter schools.

Existing law establishes various programs for measuring pupil achievement, including the Standardized Testing and Reporting (STAR) Program, the high school exit examination, and English language development testing programs. Existing law requires that each pupil have an individual record of accomplishment by the end of grade 12 that includes the results of specified achievement tests, end-of-course exams, and vocational education certification exams. Existing law requires that pupil results or a record of accomplishment be private, and prohibits the release to any person without express written parental consent, subject to certain exceptions.

This bill would require the State Department of Education to provide to a school district that is the chartering authority of a charter school, in accordance with a specified federal law relating to the disclosure of pupil records, individual pupil achievement data, including test results from the STAR Program, high school exit examination, and English language development tests, as well as pupil demographic data and program data, relating to pupils who attend the charter school, except as specified. The bill would require the department to provide this data, to the extent it has the data, along with the unique pupil identification number of each of those pupils, to the school district.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 60607 of the Education Code is amended
2to read:

3

60607.  

(a) Each pupil shall have an individual record of
4accomplishment by the end of grade 12 that includes the results
5of the achievement test required and administered annually as part
6of the Standardized Testing and Reporting (STAR) Program
7established pursuant to Article 4 (commencing with Section
860640), results of end-of-course exams he or she has taken, and
9the vocational education certification exams he or she chose to
10take.

11(b) It is the intent of the Legislature that school districts and
12schools use the results of the academic achievement tests
13administered annually as part of the statewide pupil assessment
14program to provide support to pupils and parents or guardians in
15order to assist pupils in strengthening their development as learners,
16and thereby to improve their academic achievement and
17performance in subsequent assessments.

18(c) (1) Any pupil results or a record of accomplishment shall
19be private, and may not be released to any person, other than the
20pupil’s parent or guardian and a teacher, counselor, or administrator
21directly involved with the pupil, without the express written consent
22of either the parent or guardian of the pupil if the pupil is a minor,
23or the pupil if the pupil has reached the age of majority or is
24emancipated.

25(2) (A) Notwithstanding paragraph (1), a pupil or his or her
26parent or guardian may authorize the release of pupil results or a
27record of accomplishment to a postsecondary educational
28institution forbegin delete theend delete purposes of credit, placement, or admission.

29(B) Notwithstanding paragraph (1), the results of an individual
30pupil on the California Standards Test may be released to a
31postsecondary educational institution forbegin delete theend delete purposes of credit,
32placement, or admission.

begin insert

P3    1(C) Notwithstanding paragraph (1), the department shall provide
2to a school district individual pupil demographic data, program
3data, and achievement data, including, but not limited to, the
4results of the standards-based achievement tests that are part of
5the STAR Program, relating to pupils who attend a charter school
6for which the school district is the chartering authority, but shall
7not include data from a charter school that is described in
8subdivision (g) of Section 47605.1. To the extent this data is
9available, the department shall provide the data to the school
10district, along with the unique pupil identification number of each
11of those pupils, in accordance with the federal Family Educational
12Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g).

end insert
13

SEC. 2.  

Section 60641 of the Education Code is amended to
14read:

15

60641.  

(a) The department shall ensure that school districts
16comply with each of the following requirements:

17(1) The standards-based achievement test provided for in Section
1860642.5 is scheduled to be administered to all pupils during the
19period prescribed in subdivision (b) of Section 60640.

20(2) The individual results of each pupil test administered
21pursuant to Section 60640 shall be reported, in writing, to the
22parent or guardian of the pupil. The written report shall include a
23clear explanation of the purpose of the test, the score of the pupil,
24and the intended use by the school district of the test score. This
25subdivision does not require teachers or other school district
26personnel to prepare individualized explanations of the test score
27of each pupil.

28(3) (A) The individual results of each pupil test administered
29pursuant to Section 60640 also shall be reported to the school and
30teachers of a pupil. The school district shall include the test results
31of a pupil in his or her pupil records. However, except as provided
32in this section, individual pupil test results only may be released
33with the permission of either the pupil’s parent or guardian if the
34pupil is a minor, or the pupil if the pupil has reached the age of
35majority or is emancipated.

36(B) Notwithstanding subparagraph (A), a pupil or his or her
37parent or guardian may authorize the release of individual pupil
38results to a postsecondary educational institution forbegin delete the purposeend delete
39begin insert purposesend insert of credit, placement, determination of readiness for
40college-level coursework, or admission.

begin insert

P4    1(C) Notwithstanding subparagraph (A), the department shall
2provide to a school district individual pupil results for pupils
3attending a charter school for which the school district is the
4chartering authority, but shall not include data from a charter
5school that is described in subdivision (g) of Section 47605.1. To
6the extent this data is available, the department shall provide the
7data to the school district, along with the unique pupil
8identification number of each of those pupils, in accordance with
9the federal Family Educational Rights and Privacy Act of 1974
10(20 U.S.C. Sec. 1232g).

end insert

11(4) The districtwide, school-level, and grade-level results of the
12STAR Program in each of the grades designated pursuant to Section
1360640, but not the score or relative position ofbegin delete anyend deletebegin insert anend insert individually
14ascertainable pupil, shall be reported to the governing board of the
15school district at a regularly scheduled meeting, and the
16countywide, school-level, and grade-level results for classes and
17programs under the jurisdiction of the county office of education
18shall be similarly reported to the county board of education at a
19regularly scheduled meeting.

20(b) The publisher of the standards-based achievement tests
21provided for in Section 60642.5 shall make the individual pupil,
22grade, school, school district, and state results available to the
23department pursuant to paragraph (9) of subdivision (a) of Section
2460643 by August 8 of each year in which the achievement test is
25administered for those schools for which the last day of test
26administration, including makeup days, is on or before June 25.
27The department shall make the grade, school, school district, and
28state results available on the Internet by August 15 of each year
29in which the achievement test is administered for those schools
30for which the last day of test administration, including makeup
31days, is on or before June 25.

32(c) The department shall take all reasonable steps to ensure that
33the results of the test for all pupils who take the test by June 25
34are made available on the Internet by August 15, as set forth in
35subdivision (b).

36(d) The department shall ensure that a California Standards Test
37that is augmented forbegin delete the purposeend deletebegin insert purposesend insert of determining credit,
38placement, or readiness for college-level coursework of a pupil in
39a postsecondary educational institution inform a pupil in grade 11
P5    1that he or she may request that the results from that assessment be
2released to a postsecondary educational institution.

3

SEC. 3.  

Section 60810.5 is added to the Education Code, to
4read:

5

60810.5.  

The department shall provide to a school district the
6individual results of the English language development tests
7administered pursuant to Section 60810 for pupils who attend a
8charter school for which the school district is the chartering
9authority. To the extent this data is available, the department shall
10provide the data to the school district, along with the unique pupil
11identification number of each of those pupils, in accordance with
12the federal Family Educational Rights and Privacy Act of 1974
13(20 U.S.C. Sec. 1232g).

14

SEC. 4.  

Section 60851.5 is added to the Education Code, to
15read:

16

60851.5.  

The department shall provide to a school district the
17individual results of the high school exit examination for pupils
18who attend a charter school for which the school district is the
19chartering authority. To the extent this data is available, the
20department shall provide the data to the school district, along with
21the unique pupil identification number of each of those pupils, in
22accordance with the federal Family Educational Rights and Privacy
23Act of 1974 (20 U.S.C. Sec. 1232g).



O

    99