Senate Bill No. 436

Introduced by Committee on Education (Senators Liu (Chair), Block, Hancock, Huff, Leyva, Mendoza, Pan, and Vidak)

February 25, 2015

An act to amend Sections 16236, 17070.75, 17088.2, 17463, 17582, 17592.5, 44320, 52335.12, and 60900 of, and to repeal Sections 17591, 48200.7, and 48200.8 of, the Education Code, relating to education.

LEGISLATIVE COUNSEL’S DIGEST

SB 436, as introduced, Committee on Education. Education: omnibus bill.

(1) Existing law authorizes the State Allocation Board to allocate any amount of the funds designated for purposes of school housing aid for school districts impacted by seasonal agricultural employment that is in excess of the amounts needed for administration to any of specified funds, including the State School Deferred Maintenance Fund, as provided. Existing law separately authorizes the board to transfer any funds within the State School Building Aid Fund that are in excess of the amounts needed by the board for the maintenance of portable buildings or for the purchase of new portable buildings, for that fiscal year, to any of specified funds, including the State School Deferred Maintenance Fund, as provided.

This bill would delete those allocation authorizations to the State School Deferred Maintenance Fund.

(2) Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene Act of 1998), requires the State Allocation Board to allocate to applicant school districts and county offices of education prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. Existing law requires the board to require school districts and county offices of education that receive funding under the Greene Act of 1998 to establish a restricted account within the school district’s or county office of education’s general fund and to deposit, in each fiscal year for 20 years, a minimum amount equal to or greater than 3% of the school district’s or county office of education’s total general fund expenditures, including other financing uses, for that fiscal year into the account for maintenance of school facilities. Existing law authorizes annual deposits into the account in excess of 21⁄2% of the school district’s general fund budget to count towards the amount that a school district is required to contribute in order to receive an apportionment from the State School Deferred Maintenance Fund.

This bill would delete that authorization.

(3) Existing law authorizes the governing board of a school district to establish a restricted fund known as the “district deferred maintenance fund” for certain school facilities purposes, including, among others, any other items of maintenance approved by the State Allocation Board.

This bill would remove that purpose from the list of specifically authorized purposes, but would no longer limit the use of the fund to the list of specifically authorized purposes.

(4) Existing law requires that professional preparation, including student teaching, be made available in the upper division course offerings at all California public institutions of higher learning, except the California Maritime Academy and the Hastings College of the Law and prohibits more than 9 semester units, or the equivalent, of professional education courses from being designated as prerequisites for purposes of admission to student teaching, except as specified. Existing law provides that the Commission on Teacher Credentialing shall encourage postsecondary institutions that offer programs of professional preparation to collaborate with school districts, county offices of education, and professional organizations in the design and delivery of local programs to function as part of the California beginning teacher support and assessment program. If local educational agencies and institutions of higher education voluntarily agree to implement the program, existing law requires, in each program of preparation, support, and assessment, the postsecondary institution to make it possible for each candidate to complete all requirements for a valid teaching credential in the equivalent of one year of full-time study.

This bill would instead require the postsecondary institution to make it possible for each candidate to compete all requirements for a valid teaching credential in the equivalent of 2 years of full-time study.

(5) Existing law requires the State Department of Education, and authorizes the Compton Unified School District, to identify low-performing schools in the school district, as provided, for purposes of providing extended school year instruction. Former law, repealed by its own provisions on January 1, 2003, authorized the Compton Unified School District to receive funding for extended year classes at those low-performing schools in the school district, as provided. Existing law requires the department, in conjunction with the Legislative Analyst, to contract for 2 independent evaluations, as provided, to determine the effectiveness of the extended school year curriculum, instructional program, and materials in improving pupil academic outcomes at those low-performing schools in the Compton Unified School District. Existing law requires the results of the evaluations to be reported on or before January 1, 2002, and January 1, 2003, respectively, to specified persons.

This bill would delete those obsolete provisions.

(6) This bill would also update references, delete other obsolete provisions, make conforming changes, and make other nonsubstantive changes.

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 16236 of the Education Code is amended
to read:

16236.  

Notwithstanding any other begin delete provision of end delete law, the board
may allocate any amount of the funds designated for purposes of
this article that is in excess of the amounts needed for the
administration of this article to any of the following:

(a) The Emergency School Classroom Fund for allocation by
the board for any purpose authorized pursuant to that fund.

(b) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.

(c) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.

(d) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.

(e) If the voters approve the Kindergarten-University Public
Education Facilities Bond Act of 2006 at the November 7, 2006,
statewide general election, the 2006 State School Facilities Fund
for allocation by the board for any purpose authorized to that fund.

begin delete

(f) The State School Deferred Maintenance Fund for allocation
by the board for any purpose authorized pursuant to that fund. The
board may utilize up to 100 percent of the funds transferred by the
board to the State School Deferred Maintenance Fund pursuant to
this section for funding extreme hardship critical projects.

end delete

SEC. 2.  

Section 17070.75 of the Education Code is amended
to read:

17070.75.  

(a) The board shall require the school district to
make all necessary repairs, renewals, and replacements to ensure
that a project is at all times maintained in good repair, working
order, and condition. All costs incurred for this purpose shall be
borne by the school district.

(b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following begin delete prior to end delete begin insert before end insert the approval of a project:

(1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according
the highest priority to funding for the purposes set forth in
subdivision (a).

(2) (A) Agree to deposit into the account established pursuant
to paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater
than 3 percent of the total general fund expenditures of the
applicant school district, including other financing uses, for that
fiscal year. begin delete Annual deposits to the account established pursuant to
paragraph (1) in excess of 2 end delete begin delete 1⁄2 end delete begin delete percent of the school district general
fund budget may count towards the amount of funds required to
be contributed by a school district in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used
for purposes that qualify for funding under that section. end delete

begin delete

(B) Notwithstanding subparagraph (A), for the 2004-05 fiscal
year only, an applicant school district shall deposit into the account
established pursuant to paragraph (1), no less than 2 percent of the
total general fund expenditures of the school district, including
other financing uses, for the fiscal year. The annual deposit to the
account in excess of 11⁄2 percent of the school district general fund
budget for the 2004-05 fiscal year may count towards the amount
that a school district is required to contribute in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used
for purposes that qualify for funding under that section.

end delete begin delete

(C)

end delete

begin insert (B) end insert  A school district contribution to the account may be provided
in lieu of meeting the ongoing maintenance requirements pursuant
to Section 17014 to the extent the funds are used for purposes
established in that section. A school district that serves as the
administrative unit for a special education local plan area may
elect to exclude from its total general fund expenditures, for
purposes of this paragraph, the distribution of revenues that are
passed through to participating members of the special education
local plan area.

begin delete

(D)

end delete

begin insert (C) end insert  This paragraph applies only to the following school districts:

(i) High school districts with an average daily attendance greater
than 300 pupils.

(ii) Elementary school districts with an average daily attendance
greater than 900 pupils.

(iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.

(3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or
to be deposited, pursuant to paragraph (2). The plan may provide
that the school district need not expend all of its annual allocation
for ongoing and major maintenance in the year in which it is
deposited if the cost of major maintenance requires that the
allocation be carried over into another fiscal year. However, any
state funds carried over into a subsequent year may not be counted
toward the annual minimum contribution by the school district. begin delete A
plan developed in compliance with this section shall be deemed
to meet the requirements of Section 17585. end delete

(c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.

(d) For purposes of calculating a county office of education
requirement pursuant to this section, the 3 percent maintenance
requirement shall be based upon the county office of education
general fund less any restricted accounts.

(e) As a condition of participation in the school facilities
begin delete program or the receipt of funds pursuant to Section 17582, for a
fiscal year after the 2004-05 fiscal year, end delete begin insert program, end insert a school district
shall establish a facilities inspection system to ensure that each of
its schools is maintained in good repair.

(f) For purposes of this section, “good repair” has the same
meaning as specified in subdivision (d) of Section 17002.

SEC. 3.  

Section 17088.2 of the Education Code is amended to
read:

17088.2.  

Notwithstanding any begin delete provision of law to the contrary,
including, but not limited to, Section 17587, end delete begin insert other law, end insert the board
may transfer any funds within the State School Building Aid Fund
that are in excess of the amounts needed by the board for the
maintenance of portable buildings or for the purchase of new
portable buildings, for that fiscal year, to any of the following, as
appropriate:

(a) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.

(b) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.

(c) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.

begin delete

(d) The State School Deferred Maintenance Fund for allocation
by the board for any purpose authorized pursuant to that fund. The
board may utilize up to 100 percent of the funds transferred by the
board to the State School Deferred Maintenance Fund pursuant to
this section for funding extreme hardship critical projects.

end delete

SEC. 4.  

Section 17463 of the Education Code is amended to
read:

17463.  

Notwithstanding Section 17462, a school district having
an average daily attendance of less than 10,001 in any fiscal year
may deposit any and all interest earned on the funds derived from
the sale in that fiscal year of surplus property into the general fund
of the begin insert school end insert district for any general fund purpose, subject to the
following conditions:

(a)  begin delete Prior to end delete begin insert Before end insert that deposit, the begin insert school end insert district shall submit
to the State Allocation Board a capital outlay plan for the begin insert school end insert
district for a period of five years following that sale, together with
a declaration of the finding by the governing board of the school
district that the school facilities needs of the begin insert school end insert district can be
met over that five-year period without funding or other assistance
from any state school facilities funding program. No later than the
date upon which that initial five-year period concludes, the begin insert school end insert
district shall submit to the State Allocation Board a capital outlay
plan for the begin insert school end insert district for the subsequent five-year period.

(b)  begin delete Prior to end delete begin insert Before end insert the decision to place that interest money into
the begin insert school end insert district’s general fund, the governing board of the school
district shall consider the extent to which it is necessary or
appropriate to expend that money to meet the begin insert school end insert district’s
needs relative to capital outlay, facilities, modernization, and
deferred maintenance. In addition, as to any interest money
deposited into the begin insert school end insert district’s general fund pursuant to this
section, the governing board begin insert of the school district end insert shall consider
the extent to which it is necessary or appropriate to expend the
money to meet the begin insert school end insert district’s needs relative to ongoing
maintenance begin delete prior to end delete begin insert before end insert expending that money for any other
purpose.

(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be eligible
during the 10-year period described in subdivision (a) for funding
or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part
10, begin delete Sections 17582 to 17592, inclusive, end delete or any other state school
facilities funding program.

(d) If a school district seeks state funding pursuant to Chapter
begin delete 22 end delete begin insert 12 end insert (commencing with Section begin delete 17000), end delete begin insert 17000) of Part 10, end insert
Chapter 14 (commencing with Section 17085) of Part 10, begin delete Sections
17582 to 17592, inclusive, end delete or any other state school facilities
funding program, on or after the expiration of the 10-year period
specified in subdivision (c), any state funding received by the
begin insert school end insert district from the program shall be reduced by any remaining
funds derived from the sale of that surplus property by the begin insert school end insert
district and any unencumbered interest earned on those funds.

SEC. 5.  

Section 17582 of the Education Code is amended to
read:

17582.  

(a) The governing board of a school district may
establish a restricted fund to be known as the “district deferred
maintenance fund” for begin delete the end delete purposes begin delete of end delete begin insert including, but not limited
to, end insert major repair or replacement of plumbing, heating, air
conditioning, electrical, roofing, and floor begin delete systems, end delete begin insert systems; end insert the
exterior and interior painting of school begin delete buildings, end delete begin insert buildings; end insert the
inspection, sampling, and analysis of building materials to
determine the presence of asbestos-containing begin delete materials, end delete begin insert materials; end insert
the encapsulation or removal of asbestos-containing begin delete materials, end delete
begin insert materials; end insert the inspection, identification, sampling, and analysis
of building materials to determine the presence of lead-containing
begin delete materials, end delete begin insert materials; and end insert the control, management, and removal
of lead-containing begin delete materials, and any other items of maintenance
approved by the State Allocation Board. end delete begin insert materials. end insert Funds deposited
in the district deferred maintenance fund may be received from
any source and shall be accounted for separately from all other
funds and accounts and retained in the district deferred maintenance
fund for purposes of this section. The term “school building” as
used in this article includes a facility that a county office of
education is authorized to use pursuant to Article 3 (commencing
with Section 17280) of Chapter 3.

(b) Funds deposited in the district deferred maintenance fund
shall only be expended for maintenance purposes as provided
pursuant to subdivision (a).

(c) The governing board of each school district shall have
complete control over the funds and earnings of funds once
deposited in the district deferred maintenance fund.

SEC. 6.  

Section 17591 of the Education Code is repealed.

begin delete

17591.  

Each district desiring an apportionment pursuant to
Section 17584 shall file with the State Allocation Board and receive
approval of a five-year plan of the maintenance needs of the district
over that five-year period. This plan may be amended from time
to time. Any expenditure of funds from the district deferred
maintenance fund shall conform to the plan approved by the State
Allocation Board.

end delete

SEC. 7.  

Section 17592.5 of the Education Code is amended to
read:

17592.5.  

The Joint Powers Southern California Regional
Occupational Center and the Metropolitan Education District, a
joint powers authority, shall be deemed to be school districts for
purposes of Sections begin delete 17582 to 17592, inclusive, and for the
purposes of Section 17584. end delete begin insert 17582, 17589, and 17590. end insert

SEC. 8.  

Section 44320 of the Education Code is amended to
read:

44320.  

(a) Professional preparation, including student teaching,
shall be made available in the upper division course offerings at
all California public institutions of higher learning, except the
California Maritime Academy and the Hastings College of the
Law. No more than nine semester units, or the equivalent, of
professional education courses may be designated as prerequisites
for purposes of admission to student teaching, except that, to satisfy
the English language requirement as set forth in paragraph (3) of
subdivision (b) of Section 44259, candidates may be required to
take 12 semester units, or the equivalent, as professional education
prerequisites to student teaching.

(b) The commission shall encourage postsecondary begin insert educational end insert
institutions that offer programs of professional preparation to
collaborate with school districts, county offices of education, and
professional organizations in the design and delivery of local
programs to function as part of the California beginning teacher
support and assessment program pursuant to Section 44279.2. If
local educational agencies and institutions of higher education
voluntarily agree to implement the program, the following
provisions shall apply to each collaborative effort:

(1) Postsecondary begin insert educational end insert institutions and local begin delete education end delete
begin insert educational end insert agencies shall coordinate and articulate the program
of professional preparation and the beginning teacher support and
assessment program, so the two programs provide continuity in
the preparation, support, and assessment of beginning teachers.

(2) At the discretion of a postsecondary begin insert educational end insert institution
that participates in a collaborative effort, the program of
professional preparation may be submitted to the commission for
approval as a program of preparation, support, and assessment that
is at least two years long.

(3) In each program of preparation, support, and assessment,
the postsecondary begin insert educational end insert institution shall make it possible
for each candidate to complete all requirements for a valid teaching
credential in the equivalent of begin delete one year end delete begin insert two years end insert of full-time
study.

(4) A postsecondary begin insert educational end insert institution that participates in
a collaborative effort may, at its discretion, determine that
successful completion of the support and assessment components
of an articulated program of professional preparation, support, and
assessment fulfills some or all of the requirements of subdivision
(c) of Section 44259, and may accordingly recommend applicants
for the professional teaching credential. The standards and criteria
for making these determinations and recommendations shall be
included in the institution’s proposal for a program.

(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary begin delete education end delete begin insert educational end insert institution
in the design and delivery of an articulated program of professional
preparation, support, and assessment that meets the standards and
criteria pursuant to subdivision (c) of Section 44279.2, and that
receives funds pursuant to the annual Budget Act, may contract
with the postsecondary begin insert educational end insert institution to pay the
institution’s costs of designing and delivering the support and
assessment components of the program.

(c) Local educational agencies that are approved by the
commission to provide programs of personalized preparation to
candidates for designated subjects teaching credentials are
encouraged to participate in the design and delivery of local
programs under the California beginning teacher support and
assessment program pursuant to Article 4.5 (commencing with
Section 44279.2), in a manner consistent with subdivision (b).

(d)  begin delete Prior to end delete begin insert Before end insert admission to either student teaching under
any professional preparation program approved by the commission,
or participation in a field experience program as described in
Section 44324, a candidate for a credential shall obtain a certificate
of clearance from the commission begin delete which end delete begin insert that end insert shall be issued when
the commission has verified the candidate’s personal identification
and health status. The fee for the certificate of clearance shall not
exceed one-half of the regular fee for a credential and shall be
deducted from the fee for the initial credential applied for by the
certificate holder.

SEC. 9.  

Section 48200.7 of the Education Code is repealed.

begin delete

48200.7.  

(a) The State Department of Education shall identify
the three lowest performing elementary schools in the Compton
Unified School District for purposes of extending the school year
for pupils enrolled in kindergarten or grades 1 and 2 and for those
pupils in any of grades 3 to 5, inclusive, who are performing in
mathematics or English language arts two or more grade levels
below the grade in which those pupils are enrolled as determined
under subdivision (d).

(b) Beginning with the 1998-99 school year, the Compton
Unified School District may identify schools of the district, in
addition to those identified pursuant to subdivision (a), that are
among the lowest performing schools in the district, and may
provide extended school year instruction pursuant to Section
41601.1 to any pupil enrolled in kindergarten or any of grades 1
to 12, inclusive, in a school identified pursuant to this subdivision
who is performing in mathematics or English language arts at a
grade level that is two or more grade levels below the grade in
which that pupil is enrolled as determined pursuant to subdivision
(d).

(c) Notwithstanding subdivision (b) of this section and Section
41601.1, the amount of funding claimed by the district for extended
year instruction shall not in any year exceed twice the amount
claimed pursuant to this section in the 1997-98 fiscal year as
adjusted each year by the inflation adjustment determined pursuant
to Section 42238.1.

(d) The determination that a pupil is performing two or more
grade levels below the grade in which that pupil is enrolled shall
be based on any combination of the following:

(1) The California Achievement Test-Form E.

(2) The Spanish assessment of basic education.

(3) Proficiency tests required for graduation.

(4) District criterion reference tests based on state curriculum
guides.

(5) The STAR test.

(e) The Compton Unified School District shall test all pupils in
kindergarten and grades 1 to 12, inclusive, in its lowest performing
schools identified pursuant to subdivisions (a) and (b) prior to
those pupils beginning an extended school year program under
this section. At the end of the school year the school district shall
again test the pupils in kindergarten and grades 1 to 12, inclusive,
to determine the grade level at which those pupils are performing.

(f) The department shall approve each of the following areas in
each elementary school identified as high-priority pursuant to
subdivision (a):

(1) Curricula.

(2) Testing instruments.

(3) Schoolday length.

(4) Teacher selection, teacher mentoring, and staff development
processes.

(g) The department shall review teacher compensation, including
salary and benefits, in each elementary school identified as
high-priority pursuant to subdivision (a).

(h) The department shall collect data as to each of the following
items for each school in subdivisions (a) and (b):

(1) Instructional materials used by, and made available to, the
school.

(2) Teacher capacity.

(3) Any other baseline data deemed necessary by the department.

(i) Instruction provided to pupils subject to this section during
schooldays in excess of schooldays offered to other pupils shall
be devoted to instruction in basic skills in mathematics and English
language arts.

(j) In conjunction with the Legislative Analyst, the department
shall contract for an independent evaluation to determine the
effectiveness of the extended school year curriculum, instructional
program, and materials provided pursuant to this section and funded
pursuant to Section 41601.1 in improving pupil academic
outcomes. Testing and data collection conducted pursuant to this
section shall be administered under the oversight of the independent
evaluator, who shall be provided with copies of all test results.
Results of the evaluation shall be reported on or before January 1,
2002, to the Superintendent of Public Instruction, the Legislative
Analyst, the Director of Finance, and the appropriate policy and
fiscal committees of the Legislature. The Compton Unified School
District shall be responsible for all costs incurred pursuant to this
subdivision.

(k) A percentage of funding appropriated for purposes of this
section, in an amount to be determined by the Superintendent of
Public Instruction, shall be used for purposes of testing and data
collecting pursuant to this section.

end delete

SEC. 10.  

Section 48200.8 of the Education Code is repealed.

begin delete

48200.8.  

Subsequent to the evaluation required pursuant to
subdivision (j) of Section 48200.7, the State Department of
Education, in consultation with the Legislative Analyst, shall
contract, as necessary, for a second independent evaluation, or as
determined by the department with concurrence by the Legislative
Analyst may extend the original contract authorized in subdivision
(j) of Section 48200.7, to conclusively determine the effectiveness
of the extended school year curriculum, instructional program, and
materials in improving pupil academic outcomes provided pursuant
to that section. The subsequent evaluation and data collection
necessary to incorporate results of the program through the
2001-02 school year and subsequent summer period shall be
funded through funds authorized pursuant to Section 41601.1, as
determined by the Superintendent of Public Instruction, to ensure
the Compton Unified School district shall be responsible for all
costs incurred pursuant to this section. Testing and data collection
conducted pursuant to this section shall be administered under the
oversight of the independent evaluator, who shall be provided with
copies of all test results. Results of the evaluation shall be reported
on or before January 1, 2003, to the Superintendent of Public
Instruction, the Legislative Analyst, the Director of Finance, and
the appropriate policy and fiscal committees of the Legislature.

end delete

SEC. 11.  

Section 52335.12 of the Education Code is amended
to read:

52335.12.  

(a) As a condition of receiving additional funding
based on average daily attendance, the regional occupational center
or program shall report annually to the department the academic
and workforce preparation progress of the secondary pupils
enrolled in the center or program. Indicators to measure that
progress shall include, but are not limited to, the begin delete Standardized
Testing and Reporting (STAR) Program, end delete begin insert California Assessment
of Student Performance and Progress, end insert pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33; the
high school exit examination, pursuant to Chapter 9 (commencing
with 60850) of Part 33; and other indicators of academic and
workforce preparation success, such as reduced dropout rates,
workforce preparation, increased matriculation into postsecondary
educational institutions, and other measures as determined by the
department.

(b) This section shall become effective only when the
longitudinal data on pupils enrolled in regional occupational centers
and programs can be disaggregated from the California longitudinal
pupil achievement data system (CALPADs) database, established
pursuant to Chapter 10 (commencing with Section 60900) of Part
33.

(c) On or before October 1, 2007, the department shall submit
to the Department of Finance a detailed proposal for the
implementation of the outcome reports required in subdivision (a).
The proposal shall identify the specific data elements to be
collected and the costs associated with the data collection and
preparation of the report. The department shall consult with the
Department of Finance and the office of the Legislative Analyst
during the development of this proposal.

SEC. 12.  

Section 60900 of the Education Code is amended to
read:

60900.  

(a) The department shall contract for the development
of proposals begin delete which end delete begin insert that end insert will provide for the retention and analysis
of longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter
7 (commencing with Section 60810), and Chapter 9 (commencing
with Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.

(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from
both a fiscal and a technological perspective, for the state to own
the system. The proposals shall additionally evaluate and determine
the most effective means of housing the system.

(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state
rules and regulations governing information technology projects.

(d) The system or systems developed pursuant to this section
shall be used to accomplish all of the following goals:

(1) To provide school districts and the department access to
data necessary to comply with federal reporting requirements
delineated in the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).

(2) To provide a better means of evaluating educational progress
and investments over time.

(3) To provide local educational agencies information that can
be used to improve pupil achievement.

(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.

(5) To facilitate the ability of the state to publicly report data,
as specified in Section 6401(e)(2)(D) of the federal America
COMPETES Act (20 U.S.C. Sec. 9871) and as required by the
federal American Recovery and Reinvestment Act of 2009 (Public
Law 111-5).

(6) To ensure that any data access provided to researchers, as
required pursuant to the federal Race to the Top regulations and
guidelines is provided, only to the extent that the data access is in
compliance with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g).

(e) In order to comply with federal law as delineated in the
begin insert federal end insert No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
et seq.), the local educational agency shall retain individual pupil
records for each test taker, including all of the following:

(1) All demographic data collected from the begin delete STAR Program
test, end delete begin insert California Assessment of Student Performance and Progress
(CAASPP), end insert high school exit examination, and English language
development tests.

(2) Pupil achievement data from assessments administered
pursuant to the begin delete STAR Program, end delete begin insert CAASPP, end insert high school exit
examination, and English language development testing programs.
To the extent feasible, data should include subscore data within
each content area.

(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information
on the header sheets of the begin delete STAR Program end delete begin insert CAASPP end insert tests, high
school exit examination, and the English language development
test.

(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.

(5) Other data elements deemed necessary by the
Superintendent, with begin insert the end insert approval of the state board, to comply
with the federal reporting requirements delineated in the begin insert federal end insert
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
and the begin insert federal end insert American Recovery and Reinvestment Act of 2009
(Public Law 111-5), after review and comment by the advisory
board convened pursuant to subdivision (h). Before the
implementation of this paragraph with respect to adding data
elements to the California Longitudinal Pupil Achievement Data
System for the purpose of complying with the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), the
department and the appropriate postsecondary begin delete education end delete
begin insert educational end insert agencies shall submit an expenditure plan to the
Department of Finance detailing any administrative costs to the
department and costs to any local educational agency, if applicable.
The Department of Finance shall provide to the Joint Legislative
Budget Committee a copy of the expenditure plan within 10 days
of receipt of the expenditure plan from the department.

(6) To enable the department, the University of California, the
California State University, and the Chancellor of the California
Community begin delete Colleges, end delete begin insert Colleges end insert to meet the requirements prescribed
by the federal American Recovery and Reinvestment Act of 2009
(Public Law 111-5), these entities shall be authorized to obtain
quarterly wage data, commencing July 1, 2010, on students who
have attended their respective systems, to assess the impact of
education on the employment and earnings of those students, to
conduct the annual analysis of district-level and individual district
or postsecondary education system performance in achieving
priority educational outcomes, and to submit the required reports
to the Legislature and the Governor. The information shall be
provided to the extent permitted by federal statutes and regulations.

(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:

(1) The ability to sort by demographic element collected from
the begin delete STAR Program end delete begin insert CAASPP end insert tests, high school exit examination,
and English language development test.

(2) The capability to be expanded to include pupil achievement
data from multiple years.

(3) The capability to monitor pupil achievement on the begin delete STAR
Program end delete begin insert CAASPP end insert tests, high school exit examination, and English
language development test from year to year and school to school.

(4) The capacity to provide data to the state and local educational
agencies upon their request.

(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
1.8 of Part 4 of Division 3 of the Civil Code), and with the federal
Family begin delete Education end delete begin insert Educational end insert Rights and Privacy Act begin insert of 1974 end insert
(20 U.S.C. Sec. 1232g), Section begin delete 1242h end delete begin insert 1232h end insert of Title 20 of the
United States Code, and related federal regulations.

(h) The department shall convene an advisory board consisting
of representatives or designees from the state board, the Department
of Finance, the State Privacy Ombudsman, the Legislative
Analyst’s Office, representatives of parent groups, school districts,
and local educational agencies, and education researchers to
establish privacy and access protocols, provide general guidance,
and make recommendations relative to data elements. The
department is encouraged to seek representation broadly reflective
of the general public of California.

(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the
appropriate policy and fiscal committees of the Legislature. The
report shall include an evaluation of the extent to which the
California Longitudinal Pupil Achievement Data System is meeting
the goals described in subdivision (d) and recommendations to
improve the data system in ensuring the privacy of individual pupil
information and providing the data needed by the state and school
districts.

(j) This section shall be implemented using federal funds
received pursuant to the begin insert federal end insert No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.), which are appropriated for purposes
of this section in Item 6110-113-0890 of Section 2.00 of the Budget
Act of 2002 (Chapter 379 of the Statutes of 2002). The release of
these funds is contingent on approval of an expenditure plan by
the Department of Finance.

(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, and a charter
school.