BILL ANALYSIS �
AB 1166
Page 1
GOVERNOR'S VETO
AB 1166 (Solorio)
As Amended June 7, 2012
2/3 vote
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|ASSEMBLY: |66-5 |(January 26, |SENATE: |34-2 |(June 18, |
| | |2012) | | |2012) |
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|ASSEMBLY: |68-4 |(August 13, | | | |
| | |2012) | | | |
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Original Committee Reference: ED.
SUMMARY : Prohibits school districts from including any
information about a pupil's scores on standardized tests or
course grades on that pupil's school identification (ID) card or
any other object that the pupil is required by school officials
to carry on his or her person while present at school.
Specifically, this bill :
1)Defines "information" to include, but not necessarily be
limited to, a pupil's actual test scores or grades, the
percentile or range into which those test scores or grades
fall, or any symbol, color, logo, or other device or emblem
used to represent or convey any information about those test
scores or grades.
2)Expresses the intent of the Legislature that this bill not be
construed to prohibit schools from honoring or recognizing
pupil achievement or to prohibit a pupil from choosing to wear
or display an emblem or insignia that honors or recognizes his
or her academic achievements.
The Senate amendments add further intent language to clarify
that the changes made in this bill not be construed as
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prohibiting a pupil, at his or her option, from wearing or
displaying an emblem or insignia that honors or recognizes his
or her academic achievements.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, this bill stems from the
issues raised by two incentive programs attempting to increase
achievement on Standardized Testing and Reporting (STAR) Program
tests at Kennedy High School and Cypress High School in the
Anaheim Union High School District. Across the state, many
schools have incentive programs intended to push pupils towards
strong academic achievement. Few have received as much
publicity as the programs at Kennedy High School and Cypress
High School.
At the start of the 2010-2011 school year, the schools
implemented the new incentive program that required pupils to
carry different colored ID cards based on achievement on the
previous year's STAR tests. If a student scored "advanced" or
"proficient" in all subjects on the previous year's California
Standards Test (CST), they received a gold ID card. All other
students received white ID cards.
In 2011-2012, the schools modified their systems so that if a
student scored advanced on all of the previous year's CSTs, they
were given a black/platinum ID card; if a student scored
proficient or advanced in all of the previous year's CSTs or
improved their scores by at least one level on two or more CSTs,
they were given a gold ID card; and, if a student scored
anywhere below proficient or advanced in any subject or did not
improve by one level on two or more CSTs, they were given a
white ID card. Additionally, the modified program began giving
pupils planners whose colors matched the colors of their ID
cards.
In both years, based on the color of a pupil's ID card, pupils
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received various benefits and rewards. Pupils with
black/platinum or gold ID cards could enter a shorter lunch line
specifically reserved for black/platinum or gold cardholders,
receive free admission to certain afterschool activities and pay
a lower fee for football game entrance fees. Pupils with white
ID cards could obtain these benefits only if they improved their
score results in that year's CSTs, which would then move them up
to the gold or black/platinum levels for the following school
year.
In response to media and community pressure, the school district
discontinued the ID cards and planners at both schools and
provided all students with uniform ID cards and uniform
planners. A district task force was developed to craft a
district wide incentive program to be implemented in the
2012-2013 school year.
This bill prohibits the inclusion of any pupil's standardized
test score or course grade information on a school ID card or
any other object that a pupil is required to carry with them at
school. It defines the term "information" as a pupil's actual
test scores or grades, the percentile or range into which those
test scores or grades fall, or any symbol, color, logo or other
device or emblem, used to represent or convey any information
about those test scores or grades. It expands existing law to
ensure that incentive programs using test scores, such as the
programs that were in place at Kennedy High School and Cypress
High School, are not permitted. It clarifies that a pupil's
actual test scores, percentile or range into which those test
scores fall, or course grades cannot be displayed on ID cards or
any other item that a student is required to carry while at
school.
Existing law specifies that a school district is not authorized
to permit access to pupil records to any person without the
permission of either the pupil's parent or guardian if the pupil
is a minor or the pupil if the pupil reached the age of majority
or is emancipated. This leads to two fundamental questions in
response to these incentive programs:
1)Is the scoring range (e.g., "advanced," "proficient," etc.)
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into which a pupil falls on the STAR test considered a part of
pupil records? Supporters of the incentive programs argue
that identifying scoring ranges rather than exact pupil scores
does not violate existing law. Pupil records are defined by
Education Code (EC) Section 49061 as "any item of information
directly related to an identifiable pupil." A score range
achieved on the CST by an individual pupil is an item of
information that is directly related to a given pupil. Such
score ranges are the result of a pupil's performance on a
standardized test and are based solely on the responses
provided by that individual. While score ranges are not
explicitly included in the definition of pupil records in the
EC, it seems clear that they do fall within the general
definition provided. It can be argued that existing law
already prohibits the programs. This bill is intended to
eliminate any confusion by clarifying specific actions that
are prohibited in the EC.
2)Is putting information reflective of test scores on a pupil's
ID card and planner a violation of student privacy? According
to existing law, school districts are not allowed to share
pupil records with anyone but certain specified individuals
and groups working in the best educational interest of the
pupil without the written consent of a parent or guardian. By
putting test score information on a pupil's own ID card or
planner, is that information being shared with other
individuals? Given the nature of both items - their frequency
of use in public situations like the lunch line - and the fact
that both are color coded to match with student test results,
it would seem that this information is being released
publicly. This does not allow pupils or their families the
right to choose to share a pupil's personal information.
According to media reports, the exposure of test score ranges
at these schools led to bullying in at least several
documented instances.
In addition to the programs at Kennedy High School and Cypress
High School, the language of the proposed legislation may impact
academic incentive programs used at other schools throughout the
state. For example, the Panther Pride Program at Ida Price
Middle School of the Cambrian School District uses grade point
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average (GPA) information on pupil ID cards. At Ida Price
Middle School, pupil ID cards are color coded gold if a pupil
receives a 3.67 to a 4.0 GPA, silver if a pupil receives a 3.33
to a 3.66 GPA and bronze if a pupil receives a 2.5 to a 3.32
GPA. The program is intended "to celebrate academic
achievement." Other schools may also include information about
course grades on pupil ID cards for honors programs like the
Panther Pride Program.
The impact of this legislation on programs like the Panther
Pride Program raises an important question: Is it acceptable to
recognize high achievers, such as those recognized through
honors programs, by placing information about an exemplary GPA
on pupil ID cards? Under this bill, the practice of including
pupil GPA information on ID cards would be prohibited, but other
components of programs recognizing exemplary students would not
be affected.
Arguments in support: The author states "AB 1166 would clarify
that a school cannot include any information on a student
identification card or any object that a student is required to
carry at school that reflects their performance on standardized
tests or course grades."
Arguments in opposition: Opponents of this legislation would
argue that incentive programs are effective in raising Academic
Performance Index (API) scores and should not be discontinued.
The API scores for Kennedy High School and Cypress High School
increased from 821 to 847 and from 880 to 895, respectively,
between the 2009-2010 school year and the 2010-2011 school year.
GOVERNOR'S VETO MESSAGE :
"This bill would prohibit a school district from including
information about a pupil's standardized test scores or course
grades on any materials a pupil may be required to carry while
at school.
"This bill is unnecessary, as existing federal and state laws
already protect pupil privacy. Moreover, this bill was written
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in response to a problem that was resolved at the local level.
Local districts are governed by trustees elected by and
responsible to their respective communities. The principle of
subsidiarity suggests limits to state intervention in school
district matters. Sacramento should not easily or too quickly
pre-empt local decisions."
Analysis Prepared by : Mark Murphy and Sophia Kwong Kim / ED.
/ (916) 319-2087
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