BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1159
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          Date of Hearing:   April 10, 2013

                                  Mike Gatto, Chair

              AB 1159 (Blumenfield) - As Introduced:  February 22, 2013 

          Policy Committee:                              Education  

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No


          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  



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           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  

           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  


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            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  

            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)  


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