BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1368 
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 1368 (Pan) - As Amended:  May 3, 2011 

          Policy Committee:                              Education 
          Vote:7-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill codifies the California Healthy Kids Survey (CHKS), 
          which is intended to collect data on pupil perceptions of school 
          climate, school safety, and pupil health.  Specifically, this 
          bill: 

          1)Requires a school district, to the extent funding is 
            available, to administer the CHKS on a biennial basis to 
            pupils in grades five, seven, nine, and 11.

          2)Requires a school district, prior to administering the CHKS, 
            to comply with existing statute related to parent/guardian 
            notification and consent.  

          3)Requires information collected through the CHKS to be 
            confidential and anonymous.  

           FISCAL EFFECT  

          1)GF/98 cost pressure, likely between $3 million and $5 million, 
            to school districts to implement the CHKS survey in the 
            specified grades.  SDE indicates other state and federal grant 
            funds may be used for this purpose.  The committee notes, 
            however, these funds are likely being used for other purposes 
            and as such, using them to implement the CHKS would be a 
            redirection of funding.  In 2009-10, there were approximately 
            2 million students enrolled in grades five, seven, nine, and 
            11.     

          2)School districts were required to administer the CHKS once 
            every two years.  Between 2007 and 2009, SDE reports 848 








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            school districts with 6,953 schools under their jurisdiction 
            administered the survey.  It is estimated 1 million students 
            in grades 5, 7, and 9 participated in the survey.    

           COMMENTS  

           1)Background  .  The CHKS is a comprehensive self-report data 
            collection system that addresses school climate, health risks 
            and behaviors, and youth resiliency.  It is administered to 
            students at grades five, seven, nine and 11. It enables 
            schools and communities to collect and analyze data regarding 
            local youth health risks and behaviors, school connectedness, 
            protective factors, and school violence. 

            The CHKS is part of a comprehensive data-driven process on 
            improving school climate and student learning environment for 
            overall school improvements.  Specifically, it is a companion 
            tool to the  California School Climate Survey  for staff, and 
            the  California School Parent Survey  for parents. All three of 
            these survey instruments form the  California School Climate, 
            Health, and Learning Survey System  . 

           2)Purpose  .  Title IV: Safe and Drug-Free Schools and Communities 
            Program (Title IV), established pursuant to the federal No 
            Child Left Behind Act of 2001 (NCLB), provided funding to 
            school districts to develop, implement, and evaluate 
            comprehensive drug/alcohol, tobacco, and violence prevention 
            programs and activities for grades K-12.  The goal of the 
            funding was to foster a safe and drug-free learning 
            environment that supports academic achievement.   

            California received approximately $28 million annually between 
            2001 and 2010.  Of this funding, approximately $26 million was 
            allocated directly to LEAs to implement the federal grant.  

            As a condition of receiving federal Title IV funds, states 
            were required to develop a Uniform Management Information and 
            Reporting system to collect data on the following: truancy 
            rates; programs and services provided by LEAs with this 
            funding; and the incidence and prevalence of drug use and 
            violence by youth in schools and communities, as specified.  
            SDE developed the CHKS for this purpose.    

            According to SDE, the federal Title IV grant ended in June 
            2010 and therefore, there is no longer a mandatory reporting 








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            requirement that necessitates implementation of the CHKS.  
            This bill establishes the CHKS in statute and requires school 
            districts to administer the survey when funding is available, 
            as specified.    

           3)Existing law  requires parental consent be granted before 
            students are given questionnaires or surveys asking about 
            personal beliefs or practices that include health behavior and 
            risks. According to SDE, there are two kinds of parent 
            consent: passive and active.  Active consent requires a 
            parent/guardian be notified in writing and gives written 
            permission for the student to participate in the survey. 
            Active consent is required of the fifth grade CHKS survey and 
            is optional for seventh grade and up.  Passive consent 
            requires a parent/guardian be notified in writing about the 
            survey and is given the opportunity to review the survey. 
            Parents need to notify the school if they do not want their 
            child to participate in the survey. Passive consent is 
            optional for grades seven through 12.


            Regardless of which consent option is selected, the school 
            district governing board must formally adopt, in consultation 
            with parents, a consent policy for the administration of the 
            CHKS.  On its Internet website, SDE provides sample letters 
            (including for non-English speaking parents) school districts 
            can use to determine parental consent, as specified.  



           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081