BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2265
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          Date of Hearing:   April 7, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                 AB 2265 (Salas) - As Introduced:  February 18, 2010
           
          SUBJECT  :   Pupil achievement: California Longitudinal Pupil  
          Achievement Data System

           SUMMARY  :   Establishes grant program to support local data  
          management activities required of local educational agencies  
          (LEAs) and direct-funded charter schools (DFCS) as part of the  
          California Longitudinal Pupil Achievement Data System (CALPADS).  
           Specifically,  this bill  : 

          1)Makes legislative findings and declarations as to the  
            importance of the state's education data systems, and of the  
            use, quality, and accuracy of the data in those systems.

          2)States legislative intent to support local educational agency  
            data management activities in order to enhance the quality of  
            that data and its use.

          3)Authorizes, subject to an appropriation of funds for this  
            purpose, local data management support program annual grants  
            to LEAs and DFCS:

             a)   In the amount of $5,000 for recipients with a California  
               Basic Education Data System certified enrollment of 1,000  
               or fewer pupils.

             b)   In the amount of $5 per pupil enrolled for recipients  
               with a California Basic Education Data System (CBEDS)  
               certified enrollment greater than 1,000 pupils.

             c)   In an amount prorated by the California Department of  
               Education (CDE) if insufficient funds are available to make  
               full grant awards.

          4)Requires the CDE to allocate this funding annually to LEAs and  
            DFCS that:

             a)   Resolve anomalies related to the statewide student  
               identifier (SSID) used in CALPADS so as to maintain a  
               validity rate specified by the Superintendent of Public  








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               Instruction (SPI).

             b)   Include the statewide pupil identifier on the transcript  
               of each pupil.

             c)   Maintain a generic electronic mail address for local  
               data management personnel in order to facilitate  
               communication between the CDE and the appropriate personnel  
               of the LEA.

          5)Requires recipients of the grant funds to use those funds to  
            support staff, hardware and software acquisitions, training,  
            and other activities related to meeting CALPADS data  
            management requirements.               

           EXISTING LAW  :

          1)Requires the CDE to develop CALPADS in order to provide the  
            state and LEAs with the data necessary for compliance with the  
            federal No Child Left Behind (NCLB) Act, a means for  
            evaluating educational programs and progress, information  
            needed to improve student achievement, and a common means for  
            maintaining longitudinal pupil-level data.

          2)Establishes the California School Information Services (CSIS)  
            program for the purpose of developing and implementing an  
            electronic statewide school information system, including the  
            assignment of non-personally identifiable SSIDs to all public  
            K-12 students in California, so as to facilitate the exchange  
            of student data between LEAs and with the CDE.  

          3)Requires LEAs to retain individual pupil records including  
            demographic and pupil achievement data collected for state  
            assessment programs, use the SSID to ensure the accuracy of  
            information on state tests, retain all data necessary to  
            compile reports required by NCLB (including dropout and  
            graduation rates), and provide other data elements deemed  
            necessary by the SPI.

           FISCAL EFFECT  :   According to an Assembly Appropriations  
          Committee of a substantially similar bill in 2007, annual  
          General Fund Proposition 98 costs of $32.5 million to augment  
          the $0.25 per pupil that was and is provided to LEAs and DFCS to  
          support CALPADS data activities, to the proposed $5 per pupil.   
          That estimate was based on assumptions provided by the SPI, the  








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          sponsor of this bill, that approximately 5.9 million students in  
          2007 were enrolled in LEAs with more than 1,000 students, that  
          785 LEAs and DFCS with 1,000 students or less, and that all LEAs  
          and DFCS met the eligibility requirements.  

           COMMENTS  :   According to the CDE, CALPADS will be the foundation  
          of California's education data system. CALPADS will collect  
          student level data on demographics, program participation, and  
          course completion. Teacher level data will include course  
          assignments. It will eventually replace a number of the CDE's  
          current aggregate collections, including CBEDS, the Language  
          Census, Student National Origin Report, and portions of the  
          Consolidated Application. CALPADS will also reduce the amount of  
          data collected on the answer documents of statewide assessments.  
           When fully implemented, CALPADS will provide the state and LEAs  
          with the data necessary for compliance with the federal  
          Elementary and Secondary Education Act (currently NCLB), with a  
          means for evaluating educational programs and progress, with  
          information needed to improve student achievement, and with a  
          common means for maintaining longitudinal pupil-level data.

          In September 2006 the CDE released a request for proposals and  
          initiated a competitive procurement for a contractor to develop  
          software for CALPADS.  That contract was awarded to IBM, and  
          development work began in November 2007.  The first software  
          release for the system occurred in August 2009 and included only  
          administrative functions of the system; a second release in  
          October 2009 included those parts of the system involved in the  
          collection of data from local educational agencies.  

          The 2006-07 Budget provided $828,000 to support LEAs not  
          participating in the CSIS State Reporting program to acquire new  
          SSIDs and maintain their existing SSIDs.  This funding was  
          allocated to LEAs on a $.25 per enrolled student basis.  In  
          addition, the 2006-07 Budget provided a total of $29.5 million  
          in one time local assistance funding to support approximately  
          1,000 LEAs and independently reporting charter schools that have  
          not participated in the CSIS program to establish the hardware,  
          software, and management processes necessary to ensure that  
          those districts were technology-ready for CALPADS  
          implementation.  The annual Budget Act has continued the  
          $828,000 in local assistance funding for CALPADS implementation  
          in each budget since 2006-07; these funds were proposed again in  
          the Governor's Budget for 2010-11.  









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          The author states that this measure would establish an ongoing  
          grant program to provide LEAs and DFCS with the funding  
          necessary to ensure that student-level data collected via  
          CALPADS is maintained and submitted accurately.  The author also  
          states that, "The availability of quality data is intrinsic to  
          the statewide policy decisions being made to improve  
          California's public education system.  Without proper support  
          and resources for LEAs to produce, maintain and report that  
          quality data, the accuracy of student achievement data and the  
          integrity of CALPADS is undermined." 

          Opponents would question the justification behind the $5 per  
          pupil cost estimate upon which the grant is based, as well as  
          the advisability of implementing a new operational grant in the  
          state's current budget circumstances.

          Additional background on problems with CALPADS system software:   
          The initial 2009 releases of CALPADS system software generated  
          concerns over the stability of the system.  These concerns led  
          the CDE to temporarily halt further development on additional  
          CALPADS software functions, to suspend an additional procurement  
          for the development of the California Longitudinal Teacher  
          Integrated Data System (CALTIDES), and to a decision in December  
          2009 to ask the project's independent verification and  
          validation contractor, Sabot Technologies, to conduct an  
          assessment of the CALPADS system architecture and technical  
          processes.  That assessment exposed system stability problems  
          that Sabot Technologies reported to CDE as including: "Outages-  
          where the system is unavailable to all or a significant segment  
          of the user base; Crashes - where users who are logged into the  
          system are kicked out or the system 'locks up' stopping the  
          users' workflow; Slow performance - where the system is slow to  
          respond or 'times out' for one or more users performing a  
          variety of functions with the system; Defects - where the system  
          does not provide the functionality or return the results as  
          expected."  Sabot Technologies also made recommendations for the  
          improvement of the system, and concluded that the system's  
          stability could be recovered.

          During January 2010, IBM and CDE reacted to the independent  
          verification and validation contractor's assessment, and CDE  
          communicated their intention to hold IBM accountable for  
          remedying the system's stability and getting the project back on  
          track.  CDE also asked IBM to develop a plan to stabilize the  
          system; IBM responded by developing such a plan to stabilize the  








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          system by March 29, 2010.  According to a follow-up report by  
          Sabot Technologies, the stabilization effort has shown positive  
          results.  That report reconfirms Sabot Technologies' position  
          that the system is recoverable, but also suggests that overall  
          progress has been slower than expected, that the reaction from  
          IBM was slower and less rigorous than required, that there is an  
          ongoing requirement to track to IBM's action plan, that there is  
          significant risk that the effort will not meet the criteria set  
          for the March 29 stabilization deadline, and that there is  
          significant risk in the area of operational control of the  
          technical environment that must be addressed.  This Committee is  
          planning an oversight hearing in the near future to hear  
          testimony on these issues and to receive an update on efforts to  
          improve the stability of the CALPADS system software.

          Committee amendments: If the Committee chooses to pass this  
          bill, then Committee staff recommends the following amendments:

          1)In order to be consistent with other requirements in the bill,  
            clarify that DFCS are included in the requirement that a LEA  
            maintain a generic electronic mail address to facilitate  
            communication with the CDE on CALPADS-related issues.

          2)Define enrollment for the purposes of calculating grant  
            amounts to be enrollment certified in the CBEDS  , or any  
            successor   data system designated by the Superintendent  , in  
            order to account for the future transition from CBEDS to  
            CALPADS.

          3)Uncodify the findings and declarations in Sec. 1 of the bill,  
            uncodify the legislative intent language in Sec. 2, and  
            renumber and consolidate the codified sections of the bill.

          Previous legislation: Provisions of early versions of AB 1656  
          (Feuer), introduced in 2007, were substantially similar to the  
          provisions of this bill.  AB 1656 was passed by this Committee  
          and House, but was subsequently amended to delete these  
          provisions, include content outside of this Committee's  
          jurisdiction and change the author; that bill was vetoed in  
          2008.  SB 1298 (Simitian), Chapter 561, Statutes of 2008,  
          establishes processes by which local education agencies and  
          public institutions of higher education issue, maintain, and  
          report information using the unique SSIDs required under current  
          law.  SB 1614 (Simitian), Chapter 840, Statutes of 2006,  
          requires the development of CALTIDES to serve as a central state  








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          repository of information on the teacher workforce, and  
          specifies that the existing California Education Information  
          System include CALTIDES, CALPADS, and CBEDS.  SB 1453 (Alpert),  
          Chapter 1002, Statutes of 2002, authorizes the longitudinal data  
          system in its current form, and specifies that the system be  
          known as CALPADS.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Alliance of Californians for Community Empowerment
          Association of California School Administrators
          California Chamber of Commerce
          California Federation of Teachers
          California Teachers Association
          Children Now
          Fight Crime Invest in Kids California
          Superintendent of Public Instruction Jack O'Connell (Sponsor)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087