BILL ANALYSIS                                                                                                                                                                                                    �






                          SENATE COMMITTEE ON EDUCATION
                                 Carol Liu, Chair
                            2013-2014 Regular Session
                                         

          BILL NO:       AB 1866
          AUTHOR:        Bocanegra
          AMENDED:       May 27, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 18, 2014
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  California Longitudinal Pupil Achievement Data  
          System: truancy.
          
           SUMMARY
           
          This bill expands the information reported through the  
          California Longitudinal Pupil Achievement Data System to  
          include specific data relative to truancy.

           BACKGROUND
           
          Current law:

           Absenteeism
           
        1)Defines chronic absentee as a student who is absent on 10% or  
          more of the 
             schooldays in the year, whether or not the absences were  
          excused.    (Education Code � 60901(c))

        2)Excused absences. (EC � 48205)

           Truancy
           
        1)Defines a truant as a student who is absent for three full  
          days, or tardy or 
             absent for more than a 30-minute period on three  
          occasions, without a valid excuse in one school year.  (EC �  
          48260)

        2)Defines a habitual truant as a student who has been reported  
          as a truant 
             three or more times per school year (absent or tardy  
          without an excuse for at   least five days). (EC � 48262)








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        3)Defines a chronic truant as a student who is absent without a  
          valid excuse for 
             10% or more of the schooldays in the year, provided that  
          the appropriate    school district officer or employee has  
          complied with existing reporting and   intervention  
          requirements. (EC � 48263.6)





           Data collection and reporting
           
          1)   Requires the Annual Report on Dropouts in California to  
               include, when data is available, truancy rates and  
               chronic absentee rates.  
               (EC � 48070.6)  

          2)   Requires local control accountability plans (LCAPs) to  
               include information addressing specific state  
               priorities, including student engagement as measured by  
               school attendance rates, chronic absenteeism rates,  
               dropout rates and graduation rates.  (EC � 52060 and �  
               52066)

          3)   Requires school districts to gather and transmit to the  
               county superintendent of schools the number and types of  
               referrals to school attendance review boards and of  
               requests for petitions to the juvenile court.  (EC �  
               48273)

          4)   Requires, contingent upon federal funding, the  
               California Longitudinal Pupil Achievement Data System  
               (CalPADS) to support local educational agencies (LEAs)  
               in their efforts to identify and support students at  
               risk of dropping out and be capable of issuing to LEAs  
               periodic reports that include district, school, class  
               and individual student reports on rates of absence and  
               chronic absentees.  Reporting student attendance and  
               chronic absentee data for CalPADS is voluntary.  (EC �  
               60901)

           Local Control and Accountability Plans
           








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          Requires the governing board of every school district and  
          county office of education to adopt a local control and  
          accountability plan, by July 1, 2014, that must include  
          specified information, and establishes the following as state  
          priorities:

          1)   The degree to which teachers are appropriately assigned  
               and fully credentialed, every student has sufficient  
               access to standards- aligned instructional materials,  
               and school facilities are maintained in good repair.

          2)   Implementation of the academic content and performance  
               standards, including how English learners will be  
               served, as specified.

          3)   Parental involvement, as specified.

          4)   Student achievement, as specified. 

          5)   Student engagement, as measured by:

               a)        School attendance rates.
               b)        Chronic absenteeism rates.
               c)        Middle school dropout rates.
               d)        High school dropout rates.
               e)        High school graduation rates.


          6)   School climate, as specified.

          7)   The extent to which students have access to, and are  
               enrolled in, a broad course of study, as specified.

          8)   Student outcomes, as specified. (EC � 52060 and � 52066)

           ANALYSIS
           
           This bill  expands the information reported through the  
          California Longitudinal Pupil Achievement Data System to  
          include specific data relative to truancy.  Specifically,  
          this bill:

          1)   Expands information from chronic absentees and rates of  
               absence to also include:








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                    a)             Rates of chronic absenteeism (also  
                    clarifies that existing information on chronic  
                    absentees is the number of chronic absentees).

               b)        Rates of truancy and the number of truants.

               c)        Rates of habitual truancy and the number of  
               habitual truants.

               d)        Rates of chronic truancy and the number of  
               chronic truants.

          2)   Defines "rates of absence" as, to be calculated as of  
               the date that a school district or county office of  
               education submits reports, with respect to each  
               individualized student record:

                    a)             The number of schooldays enrolled.

                    b)             The number of schooldays on which  
                    the student had an unexcused absence of more than  
                    30 minutes but was absent for less than a full day.

                    c)             The number of schooldays on which  
                    the student had a full day of unexcused absence.

                    d)             The number of schooldays on which  
                    the student had a full day of excused absence.

                    e)             The number of schooldays on which  
                    the student was absent for a full day due to being  
                    suspended (excluding days the student was assigned  
                    to a supervised suspension classroom).  This bill  
                    prohibits the number of schooldays on which a  
                    student was absent due to suspension from being  
                    considered an excused or unexcused absence.  

                    f)             Data to determine whether the  
                    student has been designated a habitual truant.  

          3)   Expands the data to be contained in the Annual Report on  
               Dropouts in California to include all of the data  
               described in #1 above (currently only rates of chronic  








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               absenteeism are included), and into the annual report on  
               elementary school truancy and chronic absenteeism if  
               that report has been established.  

          4)   Authorizes school districts and county offices of  
               education to submit the data regarding rates of absence  
               at any time throughout the year that meets its needs  
               (rather than quarterly), but requires districts and  
               county offices to, at a minimum, submit and certify  
               rates of absence at the end of the school year or on  
               dates to be determined by the California Department of  
               Education (CDE).

          5)   Authorizes school districts and county offices of  
               education to receive reports that reflect the numbers  
               and rates described in this bill, and requires districts  
               and county offices to be able to view the submitted data  
               in a format disaggregated by subgroups, as specified.   
               This bill deletes the requirement that CDE provide, upon  
               request, an early warning report up to four times each  
               school year.

          6)   Modifies the requirement that the CDE "prepare" the  
               California Longitudinal Pupil Achievement Data System  
               (CalPADS) to instead require the CDE to "enhance"  
               CalPADS.

          7)   Deletes the requirement that CalPADS reports be capable  
               of issuing report by "class" (in addition to by school  
               and individual student reports).

          8)   States legislative intent that schools fully use early  
               warning systems to improve services for students and  
               their families rather than to punish them, and that this  
               bill not encourage additional referrals to law  
               enforcement or other serious sanctions without first  
               exhausting available resources.

           STAFF COMMENTS
           
           1)   Recent report on truancy  .  The California Attorney  
               General issued a report in the Fall of 2013 titled, In  
               School + On Track, which included several  
               recommendations, some of which:








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               a)        Require statewide reporting of student  
                    attendance records (specifically through the  
                    California Longitudinal Pupil Achievement Data  
                    System).

               b)        Require more comprehensive reporting of school  
                    attendance review board activities.

               c)        Include attendance rates in a school's  
                    Academic Performance Index.   
                     https://oag.ca.gov/truancy  

          2)   Data collection  .  Current law requires school districts  
               to submit data specific to both truancy and chronic  
               absenteeism rates to the California Department of  
               Education only when it is available, to be included in  
               the Annual Report on Dropouts in California.  These  
               rates have never been included in this report and that  
               information is not required to reflect data for students  
               in kindergarten through grade 5.  Districts are required  
               to report rates of chronic absenteeism as part of their  
               local control and accountability plans, and to report to  
               the county superintendent of schools the number and  
               types of referrals to SARBs and of requests for  
               petitions to the juvenile court; this information does  
               not reflect the total number of students who are truant.  
                 

           3)   Frequency of data submission  .  This bill modifies the  
               authority for districts to submit data to CalPADS, from  
               on a quarterly rate of attendance to allow submission of  
               data at any time throughout the year.  This change is to  
               accommodate the current practice whereby CDE only  
               verifies attendance once a year.  

           4)   Budget prohibits additional data elements.   Budget  
               language prohibits the California Department of  
               Education from adding additional data elements to  
               CalPADS.  Specifically, provision 18 of budget item  
               6110-001-0890 provides, in part, "As a further condition  
               of receiving these funds, the SDE shall not add  
               additional data elements to CALPADS, require local  
               educational agencies to use the data collected through  








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               the CALPADS for any purpose, or otherwise expand or  
               enhance the system beyond the data elements and  
               functionalities that are identified in the most current  
               approved Feasibility Study and Special Project Reports  
               and the CALPADS Data Guide v4.1."  This language is  
               included in the current Budget Act, as well as SB 851  
               (Committee on Budget and Fiscal Review) of the current  
               session.  If this bill were to become law, the CDE would  
               risk federal funding if it were to implement its  
               provisions.  Staff recommends an amendment to provide  
               that, upon implementation of this bill, the CDE is not  
               subject to the penalty contained in provision 18 of  
               budget item 6110-001-0890 (SB 851, Committee on Budget  
               and Fiscal Review).

           5)   Fiscal impact  .  According to the Assembly Appropriations  
               Committee, this bill could impose:

               a)        Ongoing administrative costs to the CDE for  
                    collection, certification and reporting of  
                    absenteeism and truancy data in CALPADS.  CDE  
                    estimates ongoing costs in the range of $200,000 to  
                    $400,000.  These costs also assume training and  
                    technical assistance CDE would provide to local  
                    education agencies in the collection and  
                    certification of data. 

               b)        Potential, likely minor, state-mandated costs  
                    for local education agencies to meet the data  
                    reporting requirements of the bill.  Enactment of  
                    this bill is contingent upon funding. 



           6)   Related legislation  .  AB 2341 (Quirk-Silva) requires the  
               Superintendent of Public Instruction to add a reporting  
               process within CalPADS, by July 1, 2015, requiring  
               school districts to report the enrollment of students of  
               military families.  AB 2341 is scheduled to be heard in  
               this Committee on June 18.

          SB 1107 (Monning) requires the California Department of  
               Education and the Attorney General to report annually on  
               specific information regarding truancy and chronic  








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               absenteeism in kindergarten through grade 5.  
          SB 1107 was held in the Senate Appropriations Committee.

          AB 1672 (Holden) expands the data that local SARBs are  
               currently required to submit to the county  
               superintendent of schools, to include specific data  
               regarding chronic absenteeism, and referrals to SARBs or  
               other interventions.  AB 1672 is scheduled to be heard  
               in this Committee on June 25.

          AB 1643 (Buchanan) requires, rather than authorizes, counties  
               to establish a SARB, and includes representation from  
               the county district attorney's office and county public  
               defender's office on the SARB.  
          AB 1643 is scheduled to be heard by this Committee on June  
               18.

          AB 2141 (Hall) requires a state or local authority conducting  
               truancy-related mediation or prosecuting a student or  
               parent to provide to school districts, school attendance  
               review boards, the county superintendent of schools and  
               probation department with the outcome of each referral. 
          AB 2141 is scheduled to be heard in this Committee on June  
               18.
          SB 1296 (Leno) prohibits a court from imprisoning, holding in  
               physical confinement or placing in custody a minor for  
               contempt if the contempt consists of the minor's failure  
               to comply with a court order regarding truancy.  SB 1296  
               is pending on the Assembly Floor.

           SUPPORT
           
          Alameda County Board of Supervisors
          Association of California School Administrators
          Attorney General of California
          Bay Area Council
          California Federation of Teachers
          California School-Based Health Alliance
          California State PTA
          California Teachers Association
          Children Now
          Chronic Absence and Attendance Partnership
          Education Trust-West
          Fight Crime: Invest in Kids








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          Los Angeles Area Chamber of Commerce
          Los Angeles County District Attorney's Office
          Los Angeles Unified School District
          Oakland Unified School District
          Parent Revolution
          Special Needs Network
          Superintendent of Public Instruction

           OPPOSITION

           None on file.