BILL NUMBER: AB 1159	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 60607 of the Education Code is amended to read:

   60607.  (a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results of
the achievement test required and administered annually as part of
the Standardized Testing and Reporting (STAR) Program established
pursuant to Article 4 (commencing with Section 60640), results of
end-of-course exams he or she has taken, and the vocational education
certification exams he or she chose to take.
   (b) It is the intent of the Legislature that school districts and
schools use the results of the academic achievement tests
administered annually as part of the statewide pupil assessment
program to provide support to pupils and parents or guardians in
order to assist pupils in strengthening their development as
learners, and thereby to improve their academic achievement and
performance in subsequent assessments.
   (c) (1) Any pupil results or a record of accomplishment shall be
private, and may not be released to any person, other than the pupil'
s parent or guardian and a teacher, counselor, or administrator
directly involved with the pupil, without the express written consent
of either the parent or guardian of the pupil if the pupil is a
minor, or the pupil if the pupil has reached the age of majority or
is emancipated.
   (2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational institution
for  the  purposes of credit, placement, or
admission.
   (B) Notwithstanding paragraph (1), the results of an individual
pupil on the California Standards Test may be released to a
postsecondary educational institution for  the 
purposes of credit, placement, or admission. 
   (C) Notwithstanding paragraph (1), the department shall provide to
a school district individual pupil demographic data, program data,
and achievement data, including, but not limited to, the results of
the standards-based achievement tests that are part of the STAR
Program, relating to pupils who attend a charter school for which the
school district is the chartering authority, but shall not include
data from a charter school that is described in subdivision (g) of
Section 47605.1. To the extent this data is available, the department
shall provide the data to the school district, along with the unique
pupil identification number of each of those pupils, in accordance
with the federal Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Sec. 1232g). 
  SEC. 2.  Section 60641 of the Education Code is amended to read:
   60641.  (a) The department shall ensure that school districts
comply with each of the following requirements:
   (1) The standards-based achievement test provided for in Section
60642.5 is scheduled to be administered to all pupils during the
period prescribed in subdivision (b) of Section 60640.
   (2) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the
parent or guardian of the pupil. The written report shall include a
clear explanation of the purpose of the test, the score of the pupil,
and the intended use by the school district of the test score. This
subdivision does not require teachers or other school district
personnel to prepare individualized explanations of the test score of
each pupil.
   (3) (A) The individual results of each pupil test administered
pursuant to Section 60640 also shall be reported to the school and
teachers of a pupil. The school district shall include the test
results of a pupil in his or her pupil records. However, except as
provided in this section, individual pupil test results only may be
released with the permission of either the pupil's parent or guardian
if the pupil is a minor, or the pupil if the pupil has reached the
age of majority or is emancipated.
   (B) Notwithstanding subparagraph (A), a pupil or his or her parent
or guardian may authorize the release of individual pupil results to
a postsecondary educational institution for  the purpose
  purposes  of credit, placement, determination of
readiness for college-level coursework, or admission. 
   (C) Notwithstanding subparagraph (A), the department shall provide
to a school district individual pupil results for pupils attending a
charter school for which the school district is the chartering
authority, but shall not include data from a charter school that is
described in subdivision (g) of Section 47605.1. To the extent this
data is available, the department shall provide the data to the
school district, along with the unique pupil identification number of
each of those pupils, in accordance with the federal Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g).

   (4) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of  any
  an  individually ascertainable pupil, shall be
reported to the governing board of the school district at a regularly
scheduled meeting, and the countywide, school-level, and grade-level
results for classes and programs under the jurisdiction of the
county office of education shall be similarly reported to the county
board of education at a regularly scheduled meeting.
   (b) The publisher of the standards-based achievement tests
provided for in Section 60642.5 shall make the individual pupil,
grade, school, school district, and state results available to the
department pursuant to paragraph (9) of subdivision (a) of Section
60643 by August 8 of each year in which the achievement test is
administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25. The
department shall make the grade, school, school district, and state
results available on the Internet by August 15 of each year in which
the achievement test is administered for those schools for which the
last day of test administration, including makeup days, is on or
before June 25.
   (c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).
   (d) The department shall ensure that a California Standards Test
that is augmented for  the purpose  purposes
 of determining credit, placement, or readiness for
college-level coursework of a pupil in a postsecondary educational
institution inform a pupil in grade 11 that he or she may request
that the results from that assessment be released to a postsecondary
educational institution.
  SEC. 3.  Section 60810.5 is added to the Education Code, to read:
   60810.5.  The department shall provide to a school district the
individual results of the English language development tests
administered pursuant to Section 60810 for pupils who attend a
charter school for which the school district is the chartering
authority. To the extent this data is available, the department shall
provide the data to the school district, along with the unique pupil
identification number of each of those pupils, in accordance with
the federal Family Educational Rights and Privacy Act of 1974 (20
U.S.C. Sec. 1232g).
  SEC. 4.  Section 60851.5 is added to the Education Code, to read:
   60851.5.  The department shall provide to a school district the
individual results of the high school exit examination for pupils who
attend a charter school for which the school district is the
chartering authority. To the extent this data is available, the
department shall provide the data to the school district, along with
the unique pupil identification number of each of those pupils, in
accordance with the federal Family Educational Rights and Privacy Act
of 1974 (20 U.S.C. Sec. 1232g).