BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1919|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1919
          Author:   Brownley (D), et al.
          Amended:  8/21/12 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-1, 6/20/12
          AYES:  Lowenthal, Alquist, Hancock, Huff, Liu, Price, 
            Simitian, Vargas
          NOES:  Blakeslee
          NO VOTE RECORDED:  Runner, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/16/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

           ASSEMBLY FLOOR  :  46-23, 5/25/12 - See last page for vote


           SUBJECT  :    Charter schools:  achievement data

           SOURCE  :     Los Angeles Unified School District


           DIGEST  :    This bill requires the Department of Education 
          (CDE) to send individual pupil achievement data (STAR, 
          CAHSEE, CELDT) to school districts for pupils attending a 
          charter school they authorize. 

           Senate Floor Amendments  of 8/21/12 deletes language that 
          required individual pupil achievement data through CALPADS 
          and a secondary Academic Performance Index (API) for pupils 
          who attend a charter school for which the school district 
                                                           CONTINUED





                                                               AB 1919
                                                                Page 
          2

          is the chartering authority, as specified.

           ANALYSIS  :    Existing law specifies that a school district 
          may provide statistical data to a public agency or entity, 
          private nonprofit college, university, or educational 
          research and development organization, as long as no pupil 
          may be identified from the data.  

          Existing law requires every pupil to have an individual 
          record of accomplishment by the end of grade 12 that 
          includes the results of achievement tests administered as 
          part of the Standardized Testing and Reporting (STAR) 
          Program, the results of end-of-course exams, and any 
          vocational education certification exams a pupil may have 
          taken.  Existing law specifies that a pupil's record of 
          accomplishment is private and may not be released to any 
          person other than the pupil's parent or guardian, or a 
          teacher, counselor, or administrator directly involved with 
          the pupil, without the express written consent of either 
          the parent or guardian if the pupil is a minor, or the 
          pupil if the pupil has reached the age of majority or is 
          emancipated.  

          Existing law specifies that individual test results from 
          the STAR program may only be released with the permission 
          of either the pupil's parent or guardian, or the pupil if 
          the pupil has reached the age of majority or is 
          emancipated.  

          Existing federal law, FERPA generally prohibits the 
          improper disclosure of personally identifiable information 
          derived from education records.  FERPA applies to all 
          educational agencies and institutions that receive funding 
          under any program administered by the U.S. Department of 
          Education.  Under FERPA, schools are required to provide 
          certain privacy protections for the educational records 
          they maintain.  

          Existing law requires a charter school to meet at least one 
          of the following performance standards in order to be 
          renewed:  (1) attainment of the school's API growth target 
          in two of the last three years or in the aggregate last 
          three years; (2) an API decile ranking of four or better in 
          the prior year or in two of the last three years; (3) a 

                                                           CONTINUED





                                                               AB 1919
                                                                Page 
          3

          Similar Schools API ranking of four or better in two of the 
          last three years; (4) academic performance that is at least 
          equal to the academic performance of the public schools 
          that the charter school pupils would otherwise been 
          required to attend; or (5) qualification for participation 
          in the Alternative School Accountability Model (ASAM).  

          This bill requires the Department of Education to send 
          STAR, CAHSEE, CELDT to school districts for pupils 
          attending a charter school they authorize.
           

          Comments  
           
           Although charter schools are exempt from most laws 
          governing school districts and schools, they are required 
          to participate in the STAR program and report the results 
          of tests in that program to the CDE.  Some charter schools 
          report the information through the school district that 
          authorized the school, while others report the information 
          directly to CDE.  When a charter school reports the data 
          directly to CDE, the information is not available to the 
          school district.  A school district that wishes to obtain 
          student-level achievement data for students who attend a 
          direct-reporting charter school must make individual 
          requests from each school, costing time and resources that 
          the school district cannot afford.  According to the 
          author's office, the purpose of this bill is to provide 
          school districts with more information about the 
          performance of all students within their jurisdiction, 
          including those who attend charter schools.  

           Record privacy  .  Although current law allows a school 
          district access to aggregate school-level data, existing 
          law deems a pupil's individual assessment data, including 
          STAR results to be private and precludes the release of 
          those data to anyone other than specified individuals.  In 
          2010, the Los Angeles Unified School District (LAUSD) 
          requested student-level assessment data for pupils 
          attending charter schools that it authorized.  In October 
          2012, the Superintendent of Public Instruction denied the 
          request stating "Because of the legal restrictions imposed 
          on the release of student-level assessment data, CDE is 
          unable to fulfill your current request."   

                                                           CONTINUED





                                                               AB 1919
                                                                Page 
          4


           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/21/12)

          Los Angeles Unified School District (source)
          California Charter Schools Association
          California School Boards Association
          California State PTA
          Los Angeles County Office of Education
          School for Integrated Academics & Technologies

           ARGUMENTS IN SUPPORT  :    According to the LAUSD, sponsor of 
          this bill, "Access to individual student demographic and 
          achievement data is important to assess how our students 
          are faring."  The LAUSD states that "Given that school 
          districts are responsible for renewing school charter 
          agreements, access to pupil data for a district's charters 
          is necessary to properly evaluate the performance of 
          students at the charter school.  Without this information, 
          it is difficult for districts to know if the charter is 
          meeting the needs of certain groups of students."  The 
          sponsor maintains that this bill will enable districts to 
          maintain better oversight of the charter schools they 
          authorize.  


           ASSEMBLY FLOOR  :  46-23, 5/25/12
          AYES:  Alejo, Allen, Ammiano, Beall, Block, Blumenfield, 
            Bonilla, Bradford, Brownley, Buchanan, Butler, Charles 
            Calderon, Campos, Carter, Cedillo, Chesbro, Dickinson, 
            Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Gatto, 
            Gordon, Hayashi, Roger Hern�ndez, Hill, Huber, Huffman, 
            Lara, Bonnie Lowenthal, Mendoza, Mitchell, Monning, Pan, 
            V. Manuel P�rez, Portantino, Skinner, Solorio, Swanson, 
            Torres, Wieckowski, Williams, Yamada, John A. P�rez
          NOES:  Achadjian, Conway, Cook, Donnelly, Beth Gaines, 
            Garrick, Gorell, Hagman, Halderman, Harkey, Jeffries, 
            Jones, Logue, Mansoor, Miller, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Smyth, Valadao, Wagner
          NO VOTE RECORDED:  Atkins, Bill Berryhill, Davis, Fletcher, 
            Grove, Hall, Hueso, Knight, Ma, Perea, Silva


                                                           CONTINUED





                                                               AB 1919
                                                                Page 
          5


          PQ:dn   8/21/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          






































                                                           CONTINUED