BILL ANALYSIS Ó AB 1159 Page 1 Date of Hearing: April 10, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 1159 (Blumenfield) - As Introduced: February 22, 2013 Policy Committee: Education Vote:6-0 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill requires the State Department of Education (SDE) to provide a school district individual pupil assessment results for pupils attending a charter school for which the district is the chartering authority. Specifically, this bill: 1)Requires SDE to provide individual pupil data to school districts for the following assessments: (a) the California Standardized Tests in the Standardized Testing and Reporting (STAR) Program, (b) the California English Language Development Test, and (c) the High School Exit Examination. 2)Requires SDE, to the extent the data is available, to provide the data to the school district, along with the unique pupil identification number of each pupil in accordance with federal privacy law. 3)Prohibits a school district from receiving individual pupil STAR assessment results from specified types of charter schools, including those associated with the California Conservation Corp, Federal Job Corp, Youth Build, and juvenile court schools, as specified. FISCAL EFFECT GF/98 costs, of approximately $50,000, to SDE to upgrade the California Longitudinal Pupil Achievement Data System to share charter pupil assessment data with chartering authorities, as specified. COMMENTS AB 1159 Page 2 1)Purpose . Existing law deems any pupil's STAR results to be private. Scores may not be released to any person (other than the pupil's parent/guardian and a teacher, counselor, or administrator directly involved with the pupil) without the express written consent of either the parent/guardian of the pupil if the pupil is a minor or the pupil if he or she is of age or is emancipated. Statute also authorizes a parent/guardian to release a pupil's STAR results to a postsecondary educational institution for the purposes of credit, placement, or admission, as specified. In 2010, the Los Angeles Unified School District (LAUSD) requested student level assessment data for pupils attending charter schools that it authorized. In October 2012, Superintendent Jack O'Connell cited current law, which does not allow a pupil's STAR results to be released, as specified above. Specifically, Mr. O'Connell stated: "Because of the legal restrictions imposed on the release of student-level assessment data, SDE is unable to fulfill your current request. If you received these data in the past they were delivered in error." According to LAUSD, sponsor of this bill, "Access to individual student demographic and achievement data is important to assess how our students are faring. For charter schools that are authorized by a school district, current law only allows the district access to aggregate school-level data. Given that school districts are responsible for renewing school charter agreements, access to pupil data for a district's charters is necessary to properly evaluate the performance of students at the charter school. Without this information, it is difficult for districts to know if the charter school is meeting the needs of certain groups of students." 2)Background . A charter school is a public school that provides instruction in any of grades K-12. It is usually created or organized by a group of teachers, parents and community leaders or a community-based organization. A charter school may be authorized by an existing local public school board, county board of education, or the State Board of Education. Specific goals and operating procedures for the charter school AB 1159 Page 3 are detailed in an agreement (charter) between the sponsoring board and charter organizers. A charter school is generally exempt from most laws governing school districts, except where specifically noted in the law. As such, charter schools are not required to provide pupils with a nutritionally adequate free or reduced-price meal. In 2011-12, there were 1,018 charter schools enrolling 438,474 students. Statute authorizes a charter school to be granted one or more renewals for a five-year period. Current law further requires a charter school to meet one of the following specified criteria (for the purposes of renewal): (a) attained its Academic Performance Index (API) growth target in the prior year or in two of the last three years; (b) ranked in deciles 4 to 10 on the API in the prior year or in two of the last three years; (c) ranked in deciles 4 to 10 on the API for a demographically comparable school in the prior year or in two of the last three years; and (d) the chartering authority determines the academic performance of the charter school is at least equal to the performance of the public schools the charter pupils would have otherwise attended, as specified. The API consists primarily of assessment results from the STAR program. 3)Previous legislation . AB 1919 (Brownley), identical to this measure, was vetoed by Gov. Brown in September 2011 with the following message: "This bill would require the State Department of Education to send individual pupil level data to school districts that request the information. The data would cover each and every student attending a charter school the district authorizes. Authorizing districts may already collect this data, so another law is unnecessary. The locals can handle it." Analysis Prepared by : Kimberly Rodriguez / APPR. / (916) 319-2081 AB 1159 Page 4