BILL ANALYSIS                                                                                                                                                                                                    



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           AB 2178
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2178 (Torlakson)
          As Amended  August 19, 2010
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(June 2, 2010)  |SENATE: |35-1 |(August 23,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    ED.

          SUMMARY  :  Establishes procedures for sharing and reporting data  
          on pupils participating in the After School Education and Safety  
          (ASES) and the 21st Century Community Learning Centers (CCLC)  
          programs.  Specifically,  this bill  :  

          1)Authorizes local educational agency (LEA) grantees funded by  
            the ASES and the 21st CCLC programs 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 results in aggregate  
               form.

           The Senate amendments  require recipients of  21st CCLC program  
          funds to also provide pupil data to operators and delete the  
          provisions in the bill that require the California Department of  
          Education (CDE) to collect and maintain annual outcome-based  
          data in a manner that enable the analysis of all programs and  
          the aggregation of state reports, and that readily link to the  
          California Longitudinal Pupil Achievement Data System. 








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           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, minor General Fund costs, likely less than $50,000.  

           COMMENTS  :  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 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.  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.









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          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.

          5)Any additional measures developed by the CDE, in consultation  
            with the Advisory Committee.

          The state receives approximately $130 million annually in  
          federal funds for the 21st CCLC program, which provides funding  
          for before and after school activities to pupils in kindergarten  
          through grade 12.  The state has chosen to implement this  
          program almost identical to the state's ASES program.

          This bill authorizes, to the extent consistent with federal and  
          state privacy laws, LEAs that receive ASES and 21st CCLC 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 in aggregate  
          form.  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."  

          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."









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          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 Legislative Analyst's Office, 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.


           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087  



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