BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 2178
AUTHOR: Torlakson
AMENDED: May 28, 2010
FISCAL COMM: Yes HEARING DATE: June 30, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : After School Data
KEY POLICY ISSUES
Should schools be authorized to share certain pupil data with
an after school program with which that school contracts?
Should the California Department of Education be required to
keep data in a format that is compatible with CalPADS in the
event that after school data will be included in CalPADS in
the future?
SUMMARY
This bill authorizes the sharing of pupil data between
schools and After School Education and Safety programs with
which that school contracts, and requires the California
Department of Education to collect and maintain after school
program data that readily links to the California
Longitudinal Pupil Achievement Data System (CalPADS).
BACKGROUND
Current law:
1) Requires the After School Education and Safety (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 fine arts, career technical
education, recreation, physical fitness, and prevention
activities. (Education Code 8482.3)
2) Requires ASES program providers to submit annual
outcome-based data for evaluation, including
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research-based indicators and measurable pupil outcomes
for academic performance, attendance, and positive
behavioral changes. The California Department of
Education (CDE) may consider these outcomes when
determining eligibility for grant renewal. The CDE is
required 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. (EC 8484)
The federal Family Educational Rights and Privacy Act (FERPA)
protects the privacy of pupil records. The FERPA
specifically allows schools to disclose pupil records,
without parental consent, to contractors, consultants,
volunteers, and other outside parties to whom an educational
agency or institution has outsourced institutional services
or functions. (Code of Federal Regulations, Title 34,
99.31)
ANALYSIS
This bill authorizes the sharing of pupil data between
schools and After School Education and Safety programs with
which that school contracts, and requires the California
Department of Education to collect and maintain after school
program data that readily links to the California
Longitudinal Pupil Achievement Data System. Specifically,
this bill:
1) Authorizes ASES grantees that are local education
agencies (schools that contract with CDE to administer
after school programs) to submit the following pupil
data, to the extent consistent with federal and state
privacy laws, to an operator of an after school program
with which the school has a contract.
a) Schoolday attendance data.
b) Standardized Testing and Reporting test
scores, and scores on individual California
Standards Tests.
c) High school exit exam scores.
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d) English language development test placement or
reclassification scores.
e) California Healthy Kids Survey result data.
2) Requires:
a) The California Department of Education (CDE)
to collect and maintain existing after school
program data in a way that allows for the analysis
of all After School Education and Safety (ASES)
programs and the aggregation of state reports.
b) This data to readily link to the California
Longitudinal Pupil Achievement Data System
(CalPADS).
c) The CDE to consult with the evaluation
committee of the Advisory Committee on Before and
After School Programs and the CalPADS advisory
board.
STAFF COMMENTS
1) Need for the bill . According to the author, "Some after
school providers have difficulty obtaining student
academic performance data. California After School
Network polled after school providers in February 2010
regarding their data sharing experience with school
districts. The survey concluded that an overwhelmingly
high number of districts do not share data with after
school providers. One of the primary concerns cited in
the report was student privacy. AB 2178 addresses the
student privacy concerns by conforming to FERPA."
2) What will CDE have to do differently with data ?
California has assigned a unique student identifier to
each pupil and therefore, collecting and maintaining
after school data in a format that readily links to
CalPADS should not be burdensome for CDE.
3) Fiscal impact . According to the Assembly Appropriations
Committee, this bill would impose minor, absorbable
General Fund administrative costs to the CDE.
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SUPPORT
Aspiranet
California Alliance of Boys and Girls Clubs
California Association for Health, Physical Education,
Recreation and Dance
Fight Crime: Invest in Kids
League of California Afterschool Providers
OPPOSITION
None received.