BILL ANALYSIS
SB 19
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Date of Hearing: September 4, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 19 (Simitian) - As Amended: September 3, 2009
Policy Committee: EducationVote:8-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill deletes statute prohibiting the use of data in the
California Longitudinal Teacher Integrated Data Education System
(CALTIDES), including the use of this data with the California
Longitudinal Pupil Achievement Data System (CALPADS), for the
purposes of pay, promotion, or personnel evaluation of teachers
or other employment decisions, as specified. Specifically, this
bill:
1) Prohibits CALTIDES from including the names, social
security numbers, home addresses, telephone numbers, or
email addresses of individual teachers and prohibits the
data from being used in violation of state or federal
privacy law, as specified.
2) Provides limited authorization to the State Department
of Education (SDE) to establish a process for center-based
child care and development programs to implement and
maintain unique pupil identifiers as required by federal
law or as needed to ensure compliance with federal law.
3) Requires the strategic plan developed by the working
group convened by the State Chief Information Officer (CIO)
to include specific procedures and policies to facilitate
the sharing and transfer of data from one segment to
another (i.e., higher education and K-12 entities, etc.)
and include linkages to workforce data. This measure also
authorizes the use of American Recovery and Reinvestment
Act (ARRA) funds to support the workgroup's duties.
4) Requires a local education agency (LEA) to retain data
elements deemed necessary by the Superintendent of Public
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Instruction (SPI) to comply with federal reporting
requirements delineated by ARRA.
5) Requires SDE to submit an expenditure plan to the
Department of Finance (DOF) detailing any administrative or
LEA costs generated by complying with ARRA reporting
requirements. This bill also requires DOF to provide a
copy of the expenditure plan to the Joint Legislative
Budget Committee, as specified.
FISCAL EFFECT
1)Potential GF/98 cost pressure, likely in the hundreds of
thousands, to LEAs to collect and maintain data in CALPADS, as
required by ARRA and deemed necessary by the SPI. The data
collection requirements are a condition of receiving ARRA
funds; however, given the severe reductions LEAs have incurred
over the last two years, the collection and maintenance of
additional data elements may create costs to LEAs.
2)Potential Race to the Top (RTT) program funds . Estimates
indicate California may receive as much as $500 million in
one-time federal funds for this program. The RTT program is a
competitive grant process thus there is no guarantee that
California will receive any funding. According to the federal
notice of proposed guidelines, 50% of any funding received
must be allocated to LEAs based on their relative shares of
funding under the federal Title I basic grant (i.e., funding
for poor and needy pupils). The remaining 50% may used for
state-level activities to implement school reform. According
to ARRA, the Governor submits the application for the RTT
program (see Comment #1 below).
COMMENTS
1)Background . SB 1614 (Simitian), Chapter 840, Statutes of
2006, established CALTIDES for the purpose of streamlining
processes, improving efficiency of data collection by the SDE,
the Commission on Teacher Credentialing (CTC), and the
Employment Development Department, and improving the quality
of data collected from LEAs. SB 1614 contained language
prohibiting the use of CALTIDES data, either in isolation or
with CALPADS (pupil achievement data) for the purposes of pay,
promotion, or personnel evaluation of teachers or other
employment decisions, as specified.
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In February 2009, the federal government passed ARRA, which
allocated approximately $100 billion nationwide for education
programs to stimulate the economy. Of this amount, California
is expected to receive approximately $8 billion. ARRA also
established the RTT program, a competitive grant program that
makes $4.5 billion (one-time funds) available nationwide to
states to implement "significant education reforms across four
reform areas: (a) standards and assessments; (b) improving
teacher effectiveness and equity in teacher distribution; (c)
improving collection and use of data; and (d) supporting
struggling schools."
According the federal government's notice of proposed
priorities (final guidance will not be available until later
in the fall), there are two eligibility requirements that
states must meet to apply for RTT funds: (a) an approved
application under Phases 1 and 2 of the State Fiscal
Stabilization Fund (SFSF) (ARRA funding to stabilize school
districts and mitigate cuts) and (b) no "legal, statutory, or
regulatory barriers to linking student achievement or student
growth data to teachers for the purpose of teacher and
principal evaluation."
The state has an approved application for SFSF Phase 1 and
Phase 2 application will be available later this year.
However, existing law, via SB 1614, prohibits data from being
used for the purposes of pay, promotion, or personnel
evaluation of teachers or other employment decisions, as
specified. Therefore, the U.S. Secretary of Education Arnie
Duncan has publicly indicated that California is not eligible
to apply for RTT program funds.
This bill deletes statute prohibiting the use of data in
CALTIDES, including the use of this data with the California
Longitudinal Pupil Achievement Data System (CALPADS), for the
purposes of teacher personnel decisions; therefore, according
to the federal government's notice of proposed priorities, the
state will be eligible to apply for RTT program funds.
2)Author's amendments . The author has submitted amendments to
delete Section 6 of the bill, which requires wage record
system information (necessary to implementing the purposes of
CALTIDSES), to be made available to the CTC. The author
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argues that this language is unnecessary at this time.
3)Governor Special Session on Education . In August 2009, the
governor called a special session of the Legislature to
"consider and act upon legislation to address the federal RTT
eligibility requirements and guidelines, and other changes
necessary to secure federal funding." This measure appears to
make California eligible for the RTT program.
4)The CALPADS , established by SB 1453 (Alpert), Chapter 1002,
Statutes of 2002, required the SDE to track student
achievement in order to comply with the federal No Child Left
Behind Act of 2001. A longitudinal database requires
individual student identifiers be given to each student
enrolled in the public K-12 system. In the 2004-05 fiscal
year, school districts were provided incentive funding to
create these identifiers and establish systems to maintain
them. SDE reports that CALPADS is expected to be fully
functioning in all districts in the fall of 2009.
This bill provides the SPI with authority to require LEAs to
collect and maintain data elements in CALPADS to meet ARRA
requirements. This measure also requires SDE to submit an
expenditure plan to DOF detailing all administrative and LEA
costs incurred for meeting ARRA requirements, as specified.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081