BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2145
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          Date of Hearing:   April 11, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
              AB 2145 (Alejo and Dickinson) - As Amended:  April 9, 2012
           
          SUBJECT  :   Pupils:  expulsion and suspension

           SUMMARY  :   Requires data on pupil expulsions and suspensions to 
          be disaggregated by pupil subgroup and made available on the 
          California Longitudinal Pupil Achievement Data System (CALPADS). 
            Specifically,  this bill :  

          1)Requires CALPADS to include information on pupil suspensions 
            and expulsions disaggregated by:

             a)   Grade level
             b)   Ethnicity
             c)   Gender
             d)   Low socioeconomic status
             e)   English learners
             f)   Special education status

          2)Requires the California Department of Education (CDE), to the 
            extent possible, to make pupil suspension and expulsion data 
            available on its Internet Web site on an annual basis, 
            disaggregated by the six subgroups identified above with cross 
            tabulations by gender and special education status.

          3)Requires the CDE, to the extent possible, to use CALPADS or 
            other data system to disaggregate truancy referrals to school 
            attendance review boards and juvenile court by the six 
            subgroups identified above with cross tabulations by gender 
            and special education status.

          4)Requires school districts to maintain and report data 
            indicating whether an educational program or instructional 
            support was provided to a pupil whose suspension was extended, 
            along with a description of the type of program or support 
            provided.

          5)Requires the CDE to make the data on truancy referrals, 
            suspensions and expulsions, and the extension of suspensions 
            for the preceding year publicly available on its Internet Web 
            site by July 1 each year; and further requires the 








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            Superintendent of Public Instruction, if the data is not 
            available, to report to the Legislature regarding the reasons 
            for the delay and the date he or she anticipates the data will 
            become available.

          6)Provides that the disaggregated data shall not be made 
            publicly available in a manner that reveals personally 
            identifiable information about an individual pupil and shall 
            not result in pupil suspensions being counted more than once 
            against the aggregate numbers for a school, school district, 
            county, or the state.

           EXISTING LAW  establishes CALPADS, which contains student 
          demographic, program participation, grade level, enrollment, 
          course enrollment and completion, discipline, and statewide 
          assessment data.  CALPADS is designed to facilitate program 
          evaluation, assessment of student achievement over time, the 
          calculation of more accurate dropout and graduation rates, the 
          efficient creation of reports to meet state and federal 
          reporting requirements, and the ability to create ad hoc reports 
          and respond to questions.  Data for CALPADS is collected from 
          local education agencies (LEAs), which are required to retain 
          and report specified individual pupil and staff records.  LEAs 
          currently receive $0.25 per enrolled pupil to cover the costs of 
          compliance with the reporting requirements.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill  requires the CDE to disaggregate data on 
          suspensions and expulsions, truancy, and the extension of 
          suspensions by six subgroups:  grade level, ethnicity, gender, 
          low economic status, English learners, and special education 
          status; and requires the data to be cross tabulated by gender 
          and special education status.  Most of the data is already 
          collected by LEAs and reported to the CDE, and the CDE has the 
          capacity to disaggregate the data as required by the bill.  The 
          CDE reports that it will begin fulfilling the requirements of 
          the bill in June 2012.

          However, this bill imposes new requirements regarding data on 
          the extension of suspensions.  Existing law limits suspensions 
          to five days, but allows them to be extended under specified 
          circumstances.  While LEAs currently maintain and report data on 
          extensions and expulsions, they are not required to maintain and 
          report data on extended suspensions, including the number of 








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          days served under the extended suspension and whether an 
          educational program or instructional support was provided to the 
          suspended pupil.  The CDE reports that creating new fields in 
          CALPADS to collect this new data could take up to 18 months.

           Research on pupil suspension.   Research indicates that 
          suspension is used disproportionately with students who are 
          male, from low socioeconomic families, of a minority ethnic 
          background, and identified as having a disability or low 
          academic competence.  For example, data collected by the U. S. 
          Department of Education's Office for Civil Rights shows that 
          Black middle school males are suspended at three times the rate 
          of their white counterparts, while Black middle school females 
          are suspended more than four times the rate of white middle 
          school females.  Other studies show that Black students are more 
          frequently suspended because of subjective disciplinary actions 
          and are more likely to be disciplined more severely for minor 
          misconduct.

          At the same time, research shows that suspension is highly 
          correlated with reduced academic achievement and increased 
          likelihood of dropping out and future anti-social behavior.  
          Suspension results in the loss of instructional time for 
          students who need it most, and suspended students are given no 
          guidance in how to acquire more positive behaviors.  Students 
          who are frequently suspended are less likely to have parental 
          supervision at home, yet they are more in need of adult 
          supervision than are students who are not suspended.

           Arguments in support.   Supporters of this bill argue that more 
          specific data on pupil suspension and expulsion can help 
          identify disciplinary patterns and lead to the development of 
          better policies and more effective interventions.  An October 
          2011 report from the National Education Policy Center entitled 
          "Discipline Policies, Successful Schools, and Racial Justice" 
          recommends, among other things, that "public school educators 
          should routinely collect, reflect upon, and publicly report data 
          on school disciplinary removal.  Reports at the state, district, 
          and school level (where permissible) should include data 
          disaggregated by race/ethnicity, gender, and disability status 
          in terms of numbers of each group disciplined."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 








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          Advancement Project
          American Civil Liberties Union of California
          California Association for Bilingual Education
          California Latinas for Reproductive Justice
          California Rural Legal Assistance Foundation
          Californians for Justice
          Californians Together
          Center on Juvenile & Criminal Justice
          Children Now
          Disability Rights Education & Defense Fund
          Education Trust-West
          EdVoice
          Equal Rights Advocates
          Fight Crime:  Invest in Kids California
          Fresno Barrios Unidos
          Labor/Community Strategy Center
          Legal Services for Children
          Mexican American Legal Defense and Education Fund
          Office of Restorative Justice of the Archdiocese of Los Angeles
          PICO California
          Public Counsel Law Center
          Restorative Schools Vision Project
          Youth Law Center
          One individual

           Opposition 
           
          None received
          
          Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087