BILL ANALYSIS                                                                                                                                                                                                    �





                                                                  AB 1866

                                                                  Page  1


          GOVERNOR'S VETO
          AB 1866 (Bocanegra)
          As Amended  August 21, 2014
          2/3 vote
           
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |62-12|(May 29, 2014)  |SENATE: |30-4 |(August 25,    |
          |           |     |                |        |     |2014)          |
           ----------------------------------------------------------------- 
           
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |63-15|(August 27,     |        |     |               |
          |           |     |2014)           |        |     |               |
           ----------------------------------------------------------------- 

          Original Committee Reference:    ED.  

           SUMMARY  :  Adds, subject to an appropriation for this purpose,  
          new data elements to the pupil attendance data that the  
          California Department of Education (CDE) is required to collect  
          and report through the California Longitudinal Pupil Achievement  
          Data System (CALPADS).  Specifically,  this bill  :  

          1)Requires CALPADS to include the following data for K-12 pupils  
            and incorporate it into a currently-required annual report:

             a)   Rates of chronic absenteeism and 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; and

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

          2)Repeals the requirement for the CDE to collect data on a  
            quarterly rate of pupil attendance.










                                                                  AB 1866

                                                                  Page  2



          3)Requires "rates of absence" to be calculated on the basis of  
            the following:

             a)   The number of schooldays enrolled;

             b)   The number of schooldays on which the pupil had an  
               unexcused absence of more than 30 minutes but less than a  
               full day;

             c)   The number of schooldays on which the pupil had a full  
               day of unexcused absence; 

             d)   The number of schooldays on which the pupil had a full  
               day of excused absence;

             e)   The number of schooldays on which the pupil was absent  
               for a full day due to being suspended, excluding the number  
               of days on which the pupil was assigned to a supervised  
               suspension classroom.  The number of schooldays on which a  
               pupil was absent due to being suspended shall not be  
               considered an excused or unexcused absence; and 

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

          4)Requires local education agencies (LEAs) to submit the  
            attendance data to the CDE at least once a year at the end of  
            the school year or on dates to be determined by the CDE.

          5)Expresses the intent of the Legislature that school districts  
            and schools will fully utilize early warning systems to  
            improve the provision of intervention, prevention,  
            communication, and education services to pupils and their  
            families rather than to punish pupils or families and not to  
            encourage additional referrals to law enforcement, complaints,  
            petitions, prosecutions, or other serious sanctions against  
            pupils, without first exhausting available resources.

          6)Deletes the provision that the collection and reporting of  
            pupil attendance data by CALPADS be implemented only if  










                                                                  AB 1866

                                                                  Page  3


            federal funds are appropriated specifically for this purpose.

          7)Provides that a LEA may receive reports that reflect the  
            numbers and rates of absenteeism and truancy and shall be able  
            to view the data in a format disaggregated by subgroups,  
            including race or ethnicity, gender, disability status,  
            English learner status, foster youth status, and free or  
            reduced-price meal status. 
           
          8)Provides that the implementation of these requirements shall  
            not subject the CDE to a loss of funding pursuant to Budget  
            Act language that prohibits the expansion of CALPADS. 

           The Senate amendments  :  

           1)Strike the requirement that the bill be contingent on the  
            appropriation of federal funds and instead make it subject to  
            available state, federal, or private funding provided for this  
            purpose.  

           2)Provide that the implementation of the bill's requirements  
            shall not subject the CDE to a loss of funding pursuant to  
            Budget Act language that prohibits the expansion of CALPADS.  

          EXISTING LAW  :

          1)Requires CALPADS to collect data on K-12 rates of absence and  
            chronic absentees, provided federal funding is appropriated  
            for this purpose.

          2)Defines "truant" as a pupil who is absent from school without  
            a valid excuse three full days in one school year or tardy or  
            absent for more than a 30-minute period on three occasions in  
            one school year, or any combination thereof.

          3)Defines "habitual truant" as a pupil who has been reported as  
            a truant three or more times per school year.

          4)Defines "chronic truant" as a pupil who is absent from school  
            without a valid excuse for 10% or more of the schooldays in  
            one school year.










                                                                  AB 1866

                                                                  Page  4



           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee: 

           1) Approximately $500,000 (Federal Funds) in the first year,  
             and $500,000 (General Fund) annually for the California  
             Department of Education (CDE) to expand the CALPADS system to  
             collect specified points of attendance data, to train local  
             educational agencies (LEAs), to maintain the new  
             functionality, provide ongoing technical assistance, and to  
             report attendance and truancy back to LEAs and in the Annual  
             Report on Dropouts, as required.  

          2)Potentially substantial one-time reimbursable mandate, likely  
            in excess of $1 million (Proposition 98 of 1988), on the  
            approximately 1,000 school districts to modify existing  
            student information systems to enable the extraction of the  
            data required for submission to CALPADS.

          3)Potentially substantial ongoing reimbursable mandate  
            (Proposition 98) for personnel costs to update all attendance  
            data required by the bill, including excused and unexcused  
            absences, extract the data, address validation errors, and  
            review and amend local data.

           COMMENTS  :  CALPADS was established to enable California to meet  
          federal requirements delineated in the No Child Left Behind Act  
          of 2001, and became operative in 2009.  CALPADS tracks  
          individual pupil enrollment history and achievement data,  
          including demographic information, program participation, grade  
          level, enrollment, course enrollment and completion, discipline,  
          and statewide assessment data.  It is used for state and local  
          program evaluation, to create state- and federally-required  
          reports, and to give local education agencies immediate access  
          to information on new pupils. 

          Arguments in support.  According to the author's office,  
          "Truancy and chronic absenteeism have reached epidemic  
          proportions in California," and the lack of a statewide  
          reporting system hampers efforts to analyze the problem and  
          create effective strategies to address it.  Truancy and chronic  










                                                                  AB 1866

                                                                  Page  5


          absenteeism are early indicators of poor educational outcomes,  
          including dropping out of school.  A statewide data collection  
          and reporting system would foster more consistent collection and  
          use of attendance data at the local level as well as allow for a  
          statewide perspective to help identify areas of need and best  
          practices.

          Related legislation.  This bill is one of a package of five  
          bills sponsored by Attorney General Kamala Harris that deal with  
          truancy.  The other bills are:

          1)AB 1672 (Holden) of 2014, which requires School Attendance  
            Review Boards (SARBs) to report annually on referral rates to  
            county offices of education and expands these reports to  
            include information on student enrollment, absence and truancy  
            rates, district attorney referrals and SARB intervention  
            outcomes.

          2)AB 1643 (Buchanan), Chapter 879, Statutes of 2014, which  
            requires that every county create a SARB.

          3)AB 2141 (Hall), Chapter 897, Statutes of 2014, which requires  
            that when a parent or student is referred to a district  
            attorney's office or any other agency engaged in prosecution  
            or charges are considered to enforce state school attendance  
            laws, the prosecuting agency must provide a report on the  
            outcome of the referral.

          4)SB 1107 (Monning) of 2014, which requires the Attorney General  
            to issue an annual report on elementary school truancy and  
            chronic absenteeism.

          AB 1643 and AB 2141 were signed by Governor Edmund G. Brown.  SB  
          1107 was held in the Senate Appropriations Committee.

           GOVERNOR'S VETO MESSAGE  :

               Attorney General Kamala Harris has worked diligently  
               at both the local and statewide level to reduce  
               truancy and absenteeism in California schools, a goal  
               I share.  Her package of sponsored legislation aims to  










                                                                  AB 1866

                                                                  Page  6


               reduce rates of truancy and absenteeism.

               AB 1866 would require school districts to collect and  
               report a significant amount of new student attendance  
               information through the California Longitudinal Pupil  
               Achievement Data System.  While well intentioned, the  
               collection of data for the interest of faraway  
               authorities would not get to the root of the issue -  
               keeping kids in school and on track. 

               AB 1672 would place new data collection and reporting  
               burdens on districts that have voluntarily established  
               local School Attendance Review Boards.  A broad group  
               of local education leaders believe AB 1672 "is simply  
               a new requirement that mandates large amounts of  
               specific data collection, disaggregation, formatting  
               and Internet posting."  I agree.  Districts already  
               have the ability to collect attendance and truancy  
               data, and must address school attendance and chronic  
               absenteeism under the Local Control Funding Formula. 

               The Local Control Funding Formula was created because  
               local education agencies are the ones best suited to  
               set goals and guidelines for their students.  In the  
               same vein, efforts to combat truancy are best  
               exercised at the school level among teachers,  
               principals and local school officials. 

               I encourage educators, parents and community members,  
               through the Local Control and Accountability Plan  
               process, to address school attendance issues. Keeping  
               children in school and learning is a priority, but  
               collecting more data is not the primary solution.


           Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087   
           
           
                                                                FN: 0005671












                                                                  AB 1866

                                                                  Page  7