BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       SB 1357
          AUTHOR:        Steinberg
          AMENDED:       April 5, 2010
          FISCAL COMM:   Yes            HEARING DATE:  April 14, 2010
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :   Data: chronic absences.

           KEY POLICY ISSUES  

          Should the Legislature create a new category of "chronic  
          absence" for pupils who are absent for 10 percent of the  
          school year?

          Should CALPADS be expanded to include information on pupil  
          absence rates?  

          Should CALPADS also include information on chronic truants,  
          as defined in a separate bill?

          Should absence rates differentiate between excused and  
          unexcused absences?

          Should the Annual Report on Dropouts in California be  
          expanded to include chronic absence rates?

          Does this bill create an unfunded mandate by indirectly  
          requiring schools to collect and submit pupil attendance data  
          to the Department of Education?

          What are the chances California will receive federal funding  
          to expand CALPADS?

           SUMMARY   

          This bill defines "chronic absence" when a pupil is absent  
          for 10 percent of the school year, requires the California  
          Department of Education to include pupil attendance data in  
          the California Longitudinal Pupil Achievement Data System  
          (CALPADS), and expands the Annual Report on Dropouts in  
          California to include chronic absence rates.




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           BACKGROUND  

          CALPADS includes data about pupils, school staff and courses.  
           Pupil-level data includes:

              Enrollments and exits from specific schools.
              Demographics (e.g. ethnicity, primary language).
              Program eligibility and participation (e.g. special  
               education, free-reduced price lunch, Title I).
              Program information and services.
              Grade level.
              English language acquisition status.
              Course enrollment and completion.
              Discipline (suspension, expulsion, truancy).
              Health (immunizations).
              Statewide assessment (test scores).

          Current law requires, beginning August 1, 2011, the  
          Superintendent of Public Instruction to produce the Annual  
          Report on Dropouts in California using CALPADS data.  This  
          report must include specific information, such as dropout and  
          promotion rates, and when available, other information such  
          as truancy rates.  (Education Code  48070.6)

           Current law  :

          1)   Defines a truant as a pupil who is absent from school  
               without valid excuse three full days in one school year  
               or tardy or absent for more than any 30-minute period  
               during the schoolday without a valid excuse on three  
               occasions in one school year, or any combination  
               thereof.  (EC  48260)

          2)   Requires any pupil who has once been reported as a  
               truant and who is again absent or tardy to again be  
               reported as a truant.  (EC  48261)

          3)   Defines a habitual truant as a pupil who has been  
               reported as a truant three or more times per school year  
               (at least five days), if an appropriate district officer  
               or employee has made a conscientious effort to hold at  
               least one conference with a parent and the pupil.  (EC   
               48262)

           ANALYSIS  

           This bill  creates a new classification of "chronic absence,"  



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          expands the CALPADS to include pupil attendance data, and  
          expands the Annual Report on Dropouts in California to  
          include chronic absence rates.  Specifically, this bill:

          1)   Defines "chronic absence" as when a pupil is absent on  
               10 percent of the schooldays in the school year when the  
               total number of days a pupil is absent is divided by the  
               total number of days the pupil is enrolled.

          2)   Requires the California Department of Education (CDE),  
               contingent upon receipt of federal funds, to prepare  
               CALPADS to include data on pupil attendance.

          3)   Requires preparation to include all of the following:

               a)        The addition of fields to facilitate the  
                    transfer of data.
               b)        System development activities including any  
                    business rules and definitions that would be needed  
                    to improve the quality and consistency of the data.
               c)        Processes for the transfer of data from local  
                    educational agencies that include all of the  
                    following:

                    i)             District, school, class and  
                         individual pupil reports on rates of absence.
                    ii)            Chronic absence reports at the  
                         district, school, class and individual pupil  
                         level.

          4)   Authorizes schools to submit pupil attendance data and  
               other indicators as identified by the CDE once CALPADS  
               is prepared to accept this data.  

          5)   Authorizes schools that submit attendance data to  
               CALPADS to request the early warning report up to four  
               times each school year, and requires CDE to provide this  
               report as described (see #6 below).  

          6)   States legislative intent to support the development of  
               early warning systems to enable the identification and  
               support of pupils who are at risk of academic failure or  
               dropping out of school.  This bill requires the early  
               warning systems to encompass the following  
               characteristics:

               a)        The utilization of highly predictive  



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                    indicators, including attendance, course grades or  
                    completion, performance on assessments, suspensions  
                    and expulsions.
               b)        A thorough validation process to ensure the  
                    predictive reliability of the systems.
               c)        Periodic reports that inform principals,  
                    teachers, and parents in a manner that enables  
                    timely identification and support of pupils who are  
                    at risk of academic failure or dropping out.

          7)   Adds chronic absence rates to the Annual Report on  
               Dropouts in California.

           STAFF COMMENTS  

           1)   Need for the bill  :  According to the author, "chronic  
               absence from school, even in the primary grades, is one  
               of the most accurate predictors of dropping out of  
               school.  This bill enables the collection of new data on  
               student absenteeism and combines that data with other  
               predictive indicators already collected by our education  
               data system.  These combined indicators will become the  
               foundation of an early warning system so that critical  
               education, health and community support can be  
               strategically targeted before students abandon school."

           2)   Excused vs. unexcused absences  .  This bill does not  
               distinguish between unexcused and excused absences; it  
               defines "chronic absence" as when a pupil is absent for  
               10 percent of the school year.  The author notes that  
               pupils are at risk when they are absent for so many  
               days, whether or not the absence is excused.   
               Conversely, SB 1148 (Alquist, 2010) defines "chronic  
               truant" as a pupil who has unexcused absences for at  
               least 10 percent of the school year (see Prior and  
               related legislation below).  If both bills were to  
               become law, schools would be identifying chronically  
               truant and chronically absent pupils.  

          Should CALPADS also include data relative to chronic truants?

           3)   Expansion of CALPADS  .  CALPADS currently includes data  
               on pupil discipline, including suspension, expulsion and  
               truancy.  This bill would add another data field to  
               CALPADS to include pupil attendance, thereby providing a  
               much greater level of detail about a pupil's attendance  
               patterns (excused and unexcused).  



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          Staff notes that the CDE has a contract with a vendor for the  
               development and maintenance of CALPADS.  The CDE would  
               be required to include an addendum to the existing  
               contract in order to add another data field.

           4)   Status of CalPADS  .  A January 2010 report of an  
               assessment of CALPADS by an outside contractor found  
               "significant issues with the system and project  
               representing a threat to the success of CALPADS from  
               both an engineering and project standpoint."  The vendor  
               is currently working to resolve these issues.  The most  
               recent update on the status of CALPADS (March 26, 2010)  
               indicates that issues remain; therefore, CALPADS is not  
               able to generate new reports at this time.

           5)   Source of federal funding  .  The author's office has  
               identified the federal Statewide Longitudinal Data  
               Systems Grant Program as a source of funding for this  
               bill.  California has applied for $19.9 million from  
               this grant program.  Grant awards are expected to be  
               announced soon.

           6)   Unfunded mandate  ?  This bill requires the CDE to include  
               data in CALPADS that presumably will be collected by  
               schools and forwarded to the CDE.  This bill authorizes  
               but does not require schools to submit pupil attendance  
               data to the CDE once the system is ready to accept this  
               data.  Additionally, the requirement that the CDE  
               prepare CALPADS for pupil attendance data is contingent  
               on the receipt of federal funds.  Legislative Counsel  
               did not flag this bill as imposing a mandate.

           7)   Prior and related legislation  . 
           
                           SB 1148 (Alquist, 2010) deems as a chronic  
                    truant any pupil who is absent from school without  
                    a valid excuse for at least 10 percent of the  
                    school year, and requires the permanent record of a  
                    pupil to reflect if he or she has been deemed a  
                    chronic truant.  SB 1148 is scheduled to be heard  
                    in this Committee on April 14, 2010.

                           SB 1317 (Leno, 2010) creates a new  
                    misdemeanor for parents of a pupil deemed  
                    chronically truant, and establishes a deferred  
                    entry of judgment program specifically designed to  



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                    address issues of chronic truancy.  SB 1317 is  
                    scheduled to be heard in the Senate Public Safety  
                    Committee on April 20, 2010.
                           SB 344 (Steinberg, 2007) would have  
                    provided, when resources allow, for school  
                    districts to report to CDE on the number of pupils  
                    in grades 6 through 9 who meet certain criteria  
                    that identify the pupils as being at risk of  
                    dropping out of school, including being absent  
                    without an excuse for 10 days in one semester.  SB  
                    344 was later amended to deal with a different  
                    issue.

           1)   Policy arguments  :  

                        Proponents argue that dropping out of school  
                    is the final step in a process of disengagement,  
                    which is often reflected in poor attendance.   
                    However, California is one of just seven states  
                    that does not collect individualized attendance  
                    data, making it far more difficult to identify  
                    potential dropouts or schools that are in danger of  
                    high dropout rates.

                        Opponents contend that this bill is not clear  
                    whether schools must submit student absence data  
                    irrespective of federal funding and to what level  
                    of reporting will be required or how the staff will  
                    be required to submit this volume of data will be  
                    supported by ongoing state funds as this labor  
                    intensive staff work will require a stable source  
                    of funding.

           SUPPORT
           
          Bay Area Council
          California Association of School Counselors, Inc.
          California School Nurses Organization
          California Federation of Teachers
          California School Health Centers Association
          Children Now
          Education Trust - West
          Fight Crime: Invest in Kids
          Junior Leagues of California, State Public Affairs Committee
          League of Women Voters of California
          Public Advocates




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           OPPOSITION
           
          Association of California School Administrators