BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2178
                                                                  Page  1

          Date of Hearing:   April 7, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
               AB 2178 (Torlakson) - As Introduced:  February 18, 2010
           
          SUBJECT  :   After School Education and Safety Program 

           SUMMARY :  Establishes procedures for sharing and reporting data  
          on pupils participating in the After School Education and Safety  
          (ASES) program.  Specifically,  this bill  :  

          1)Requires the California Department of Education's (CDE)  
            development of standardized procedures and tools to collect  
            annual outcome-based data for evaluation of pupils  
            participating in after school programs funded by the ASES  
            program to be consistent with the following:

             a)   The California Longitudinal Pupil Achievement Data  
               System (CALPADS) reporting procedures; and,

             b)   Program development.

          2)Requires the CDE to consult with the CALPADS advisory board in  
            the development of the standardized procedures and tools.

          3)Authorizes local educational agency (LEA) grantees funded by  
            the ASES program to, to the extent consistent with federal and  
            state privacy laws, submit the following pupil data to each  
            operator of an after school program:

             a)   School day attendance data;

             b)   Standardized Testing and Reporting (STAR) Program test  
               scores, and scores on individual California Standards  
               tests;

             c)   High school exit examination scores;

             d)   English language development test placement or  
               reclassification scores; and,

             e)   California Healthy Kids Survey result data.

           EXISTING LAW :








                                                                  AB 2178
                                                                  Page  2


          1)Establishes the ASES program through the 2002 voter approved  
            initiative, Proposition 49, which funds the establishment of  
            local after school education and enrichment programs, which  
            are created through partnerships between schools and local  
            community resources to provide literacy, academic enrichment  
            and safe constructive alternatives for students in  
            kindergarten through ninth grade.  (EC 8482-8484.6)

          2)Requires the ASES program to have an educational and literacy  
            element in which tutoring or homework assistance is provided  
            in specified content areas and an educational enrichment  
            element that may include, but is not limited to, fine arts,  
            career technical education, recreation, physical fitness, and  
            prevention activities. (EC 8482.3)   

          3)Requires ASES program providers to submit annual outcome-based  
            data for evaluation, including research-based indicators and  
            measurable pupil outcomes for academic performance,  
            attendance, and positive behavioral changes.  Provides that  
            the CDE may consider these outcomes when determining  
            eligibility for grant renewal.  Requires the CDE to develop  
            standardized procedures and tools to collect the indicators  
            and to consult with the evaluation committee of the Advisory  
            Committee on Before and After School Programs (Advisory  
            Committee).  (EC 8484)

          4)Authorizes the CALPADS and requires the CDE to contract for  
            the development of a system that will provide for the  
            retention and analysis of longitudinal kindergarten through  
            grade 12 pupil achievement data on STAR assessments, high  
            school exit examination, and English language development  
            assessments. (EC 60900)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   ASES program.   The ASES program, passed by voters as  
          Proposition 49 in 2002, provides almost $550 million for before  
          and after school programs for 400,000 students in kindergarten  
          through grade 9.  In 2009-10, 371 grants were awarded  
          predominantly to districts and county offices of education, with  
          some grants going to local governments and nonprofit  
          organizations working in partnership with LEAs.  After school  
          programs must commence right after school and at least until 6  
          p.m. for 15 hours per week.  There are two program requirements  








                                                                  AB 2178
                                                                  Page  3

          as follows:

          1)An educational and literacy component in which tutoring and  
            homework assistance is provided to help students meet state  
            standards in one or more of the following core academic  
            subjects:  reading/language arts, math, history and social  
            studies, or science.  

          2)An educational enrichment component that reinforce and  
            complement the school's academic program and may include, but  
            is not limited to, positive youth development strategies,  
            recreation and prevention strategies.  Such activities may  
            include but is not limited to visual and performing arts,  
            music, career technical education, recreation, physical  
            fitness and prevention activities, and other youth development  
            activities based on student needs and interests.

          ASES program providers are required to submit annual outcome  
          data for pupil and program evaluation.  Existing law authorizes  
          the CDE to consider the outcomes in determining whether to renew  
          a grant.  Existing law specifies that to demonstrate program  
          effectiveness, grantees must submit schoolday and program  
          attendance.  To demonstrate program effectiveness based upon  
          individual program focus, one or more of the following measures  
          must be submitted annually:

          1)Positive behavioral changes, as reported by schoolday teachers  
            or after school staff;
          2)STAR test scores;
          3)Homework completion rates as reported by schoolday teachers or  
            after school staff;
          4)Skill development as reported by schoolday teachers or after  
            school staff; and,
          5)Any additional measures developed by the CDE, in consultation  
            with the Advisory Committee.

          Existing law requires the CDE to develop standardized procedures  
          and tools for collecting the data, in consultation with the  
          Advisory Committee.  According to the CDE, researchers at the  
          University of California (UC), Davis and Irvine campuses have  
          developed tools for measuring behavioral changes and skill  
          development, and are currently in the process of field testing  
          the tools.  

          This bill requires the standardized procedures and tools to be  








                                                                 AB 2178
                                                                  Page  4

          consistent with the CALPADS reporting procedures, and consistent  
          with program development.  The bill also requires the CDE to  
          consult with the CALPADS advisory board in developing the  
          procedures and tools.  CALPADS is intended to collect student  
          level data on demographics, program participation, and course  
          completion, and eventually replace a number of the CDE's current  
          aggregate collections, including the California Basic  
          Educational Data System (CBEDS) collections, the Language  
          Census, Student National Origin Report, and portions of the  
          Consolidated Application.  The CALPADS advisory board is  
          comprised of representatives from the state board of education,  
          the Secretary for Education, the Department of Finance, the  
          State Privacy Ombudsman, the Legislative Analyst's Office (LAO),  
          representatives of parent groups, school districts, and local  
          educational agencies, and education researchers and is charged  
          with establishing privacy and access protocols, provide general  
          guidance and make recommendations.  According to the author, CDE  
          may decide to collect information from after school providers;  
          this bill will ensure that after school providers have data  
          collection practices that are compatible with CALPADS if CDE  
          chooses to collect the information in the future.  A key  
          component of CALPADS is the use of statewide student  
          identifiers, which LEAs are already required to use in its ASES  
          annual report to the CDE.  The CDE indicates that this bill may  
          ensure that the tools being developed by the UC Davis and Irvine  
          researchers are consistent with CALPADS procedures.

          This bill also authorizes, to the extent consistent with federal  
          and state privacy laws, LEAs that receive ASES program funds to  
          submit specified pupil data to each operator of an after school  
          program, including schoolday attendance data, STAR test scores,  
          scores on individual California Standards tests, high school  
          exit examination scores, California English language development  
          test (CELDT) placement or reclassification scores, and  
          California Healthy Kids Survey result data.  According to the  
          author, some after school providers have difficulty obtaining  
          student academic performance data.  Access to pupil-specific  
          information would better align schoolday instruction with  
          afterschool programs and enable providers to better identify  
          needs of students. Data sharing would, for example, enable after  
          school providers to better serve English Learner (EL) students.   
          The author further states, "If an after school provider is  
          serving an EL student and the provider had access to the student  
          CELDT score, the provider could give the student targeted  
          academic assistance."  








                                                                  AB 2178
                                                                  Page  5


          The California Association for Health, Physical Education,  
          Recreation and Dance states in its letter of support, "Program  
          data is critically important for after school providers to  
          validate the outcomes they achieve with participants in their  
          programs.  Providers also need this data for program improvement  
          purposes.  It is currently extremely difficult and often costly  
          for after school providers to acquire the necessary data to  
          fulfill funding requirements and guide decisions regarding  
          improving program quality."

          According to information provided by the author's office, a  
          survey conducted by the Alliance for a Better Community shows  
          that larger after school program providers that have existing  
          collaborative relationships with LEAs are more likely to receive  
          information from LEAs.  LEAs may be reluctant to share  
          information due to student and family privacy concerns and/or  
          lack of resources and capacity to provide the data.  According  
          to the LAO, federal regulations authorize disclosure of  
          education records without the consent of the student or  
          guardians to contractors, consultants, volunteers and other  
          outside parties to whom an educational agency has outsourced  
          institutional services or functions.

           Committee amendments.   Staff recommends the following  
          amendments:

          1)Clarify that pupil data to be provided by a LEA authorized in  
            Section 2 of the bill is shared only with operators that have  
            contracts with the LEA.  

          2)Correct a drafting error by striking the requirement that the  
            standardized procedures and tools must be developed consistent  
            with "program development" on page 3, line 35.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          After School All-Stars Los Angeles
          California Association for Health, Physical Education,  
          Recreation and Dance
          Children Now
          Lake County Office of Education
          LA's BEST








                                                                  AB 2178
                                                                  Page  6

          League of California Afterschool Providers
          Partnership for Children and Youth

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087