Bill Text: CA AB22 | 2021-2022 | Regular Session | Amended

California Assembly Bill 22 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Preschool data: data collection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 901, Statutes of 2022. [AB22 Detail]

Download: California-2021-AB22-Amended.html

Amended IN Senate June 13, 2022

Amended IN Senate August 16, 2021

Amended IN Senate July 01, 2021

Amended IN Assembly May 24, 2021

Amended IN Assembly April 12, 2021

Amended IN Assembly March 29, 2021

Amended IN Assembly February 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 22

Introduced by Assembly Members McCarty, Aguiar-Curry, Berman, Burke, Carrillo, Chiu, Friedman, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting, Valladares, Waldron, and Wicks Member McCarty
(Principal coauthor: Assembly Member Nazarian)(Principal coauthors: Senators Dodd, Gonzalez, Limón, and Rubio)(Coauthors: Assembly Members Bennett, Bloom, Bryan, Cervantes, Cunningham, Gabriel, Lee, Levine, Mayes, Nguyen, Petrie-Norris, Quirk, Rodriguez, and Stone)(Coauthor: Senator Min)

December 07, 2020

An act to amend Section ~~48000 of, and to add Sections 42238.026 and 48004 to,~~ 60900 the Education Code, relating to ~~transitional kindergarten.~~ education data.

LEGISLATIVE COUNSEL'S DIGEST

AB 22, as amended, McCarty. ~~Transitional kindergarten: enrollment: funding: planning workgroups.~~ California Longitudinal Pupil Achievement Data System: data collection.

Existing law establishes the California Longitudinal Pupil Achievement Data System, which is maintained by the State Department of Education and consists of pupil data from elementary and secondary schools, as specified, relating to demographic, program participation, enrollment, and statewide assessments, among other things. Existing law requires the system to be used to accomplish specified goals, including to provide an efficient, flexible, and secure means of maintaining statewide pupil level data, as provided.
This bill would require, as part of that goal, among other things, pupil data to be collected from all grade levels, inclusive of transitional kindergarten programs, which would be required to be collected separately from kindergarten pupil data. The bill would also require, as an additional goal of the system, the collection of the same data for teachers in a local educational agency-based California state preschool program that is collected from educators in the K–12 classroom setting, as provided.
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a grade span adjusted base grant, a 10.4% adjustment to the kindergarten and grades 1 to 3, inclusive, base grant for school districts that maintain, or make progress toward, as specified, an average class enrollment of not more than 24 pupils for each schoolsite. Existing law requires average daily attendance generated by certain pupils enrolled in a transitional kindergarten program to be included in the average daily attendance generated by pupils in kindergarten. Existing law defines transitional kindergarten as the first year of a 2-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate.
This bill would, commencing with the 2022–23 fiscal year, require the Superintendent of Public Instruction to compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant, adjusted as described above, that is equal to 14.2% for each transitional kindergarten pupil who is enrolled in the school district or charter school that meets certain conditions, as specified.
Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law, covering the period from the 2014–15 school year to the 2021–22 school year, inclusive, requires, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, a child who will have their 5th birthday between September 2 and December 2 to be admitted to a transitional kindergarten program maintained by a school district or charter school. Existing law revises the timespans for those mandatory admittance requirements to be phased in from the 2022–23 school year to the 2025–26 school year, as provided, at which time a school district or charter school, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, would be required to admit to a transitional kindergarten program maintained by the school district or charter school a child who will have their 4th birthday by September 1.
This bill would require an appropriation from the General Fund in the annual Budget Act for each fiscal year in which transitional kindergarten pupil enrollment is required to increase, as provided. The bill would require the Department of Finance to submit annual calculations of the estimated cost of the appropriation associated with expanded transitional kindergarten enrollment to the Joint Legislative Budget Committee, as specified. The bill would require each county superintendent of schools to convene a local transitional kindergarten planning workgroup to support the successful implementation of transitional kindergarten, as specified. By imposing new duties on county offices of education, this bill would impose a state-mandated local program. The bill would require the State Department of Education, in consultation with the State Department of Social Services and First 5 California, to conduct a statewide evaluation on the impact of transitional kindergarten in California, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: ~~YES~~NO

The people of the State of California do enact as follows:

SECTION 1.
(a) The Legislature finds and declares the following:
(1) Quality early learning and care for children from birth to five years of age, inclusive, is a sound and strategic investment to narrow achievement gaps that are present well before children enter kindergarten.
(2) In alignment with the state’s goal of providing access to quality early learning opportunities for every four-year-old child in California, the Budget Act of 2021 expanded universal access to transitional kindergarten for all four-year-olds in California by the 2025–26 school year.
(3) The expansion of universal transitional kindergarten is predicted to create over 12,000 new lead teaching positions and over 16,000 assistant teaching positions.
(b) It is the intent of the Legislature to increase and create new opportunities for the early learning workforce through universal transitional kindergarten and a strengthened and integrated mixed delivery early learning and care system that provides multiple pathways for California’s early learning professionals, who are supported by compensation that recognizes their expertise, ongoing professional development to support their career advancement, and teaching models that leverage their invaluable knowledge and skills for the benefit of young learners.
(c) It is further the intent of the Legislature to collect data necessary to understand the impact of transitional kindergarten on California’s early education system, including the educational settings in which students are served and shifts in the early care and education and K–12 educator workforce.

SEC. 2.

Section 60900 of the Education Code is amended to read:

60900.

(a) The department shall contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data on the tests administered pursuant to Chapter 5 (commencing with Section ~~60600),~~ 60600) and Chapter 7 (commencing with Section ~~60810), and Chapter 9 (commencing with Section 60850).~~ 60810). The longitudinal data shall be known as the California Longitudinal Pupil Achievement Data System.

(b) The proposals developed pursuant to subdivision (a) shall evaluate and determine whether it would be most effective, from both a fiscal and a technological perspective, for the state to own the system. The proposals shall additionally evaluate and determine the most effective means of housing the system.

(c) The California Longitudinal Pupil Achievement Data System shall be developed and implemented in accordance with all state rules and regulations governing information technology projects.

(d) The system or systems developed pursuant to this section shall be used to accomplish all of the following goals:

(1) To provide school districts and the department access to data necessary to comply with federal reporting requirements delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).

(2) To provide a better means of evaluating educational progress and investments over time.

(3) To provide local educational agencies with the data needed to improve pupil achievement, including college and career readiness.

(4) To provide an efficient, flexible, and secure means of maintaining longitudinal statewide pupil level data between and among the state’s educational segments and operational tools, as defined in Section 10861, including, but not limited to, all of the following:

(A) Pupil level data from all grade levels, inclusive of the program described in Section 48000, that shall be collected separately from kindergarten pupil data, in elementary and secondary schools, including, but not limited to, juvenile court schools, alternative schools, continuation schools, special education schools, and adult educational programs offering a high school diploma or equivalency.

(B) Pupil level data collected in both detention and nondetention settings.

(D) Pupil level data from California state preschool programs operated by a local educational agency.

(5) To facilitate the ability of the state to publicly report data, as specified in Section 6401(e)(2)(D) of the federal America COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5).

(6) To ensure that any data access provided to researchers, as required pursuant to the federal Race to the Top regulations and guidelines is provided, only to the extent that the data access is in compliance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g).

(7) To collect the same data for teachers in a local educational agency-based California state preschool program that is collected from educators in the K–12 classroom setting, to the extent that data is collected.

(e) In order to comply with federal law as delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the local educational agency shall retain individual pupil records for each test taker, including all of the following:

(1) All demographic data collected from the California Assessment of Student Performance and Progress (CAASPP) and English language development tests.

(2) Pupil achievement data from assessments administered pursuant to the CAASPP and English language development testing programs. To the extent feasible, data should include subscore data within each content area.

(3) A unique pupil identification number, to be identical to the pupil identifier developed pursuant to the California School Information Services, that shall be retained by each local educational agency and used to ensure the accuracy of information on the header sheets of the CAASPP tests and the English language development test.

(4) All data necessary to compile reports required by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), including, but not limited to, dropout and graduation rates.

(5) Other data elements deemed necessary by the Superintendent, with the approval of the state board, to comply with the federal reporting requirements delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), after review and comment by the advisory board convened pursuant to subdivision (h). Before the implementation of this paragraph with respect to adding data elements to the California Longitudinal Pupil Achievement Data System for the purpose of complying with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the department and the appropriate postsecondary educational agencies shall submit an expenditure plan to the Department of Finance detailing any administrative costs to the department and costs to any local educational agency, if applicable. The Department of Finance shall provide to the Joint Legislative Budget Committee a copy of the expenditure plan within 10 days of receipt of the expenditure plan from the department.

(6) To enable the department, the University of California, the California State University, and the Chancellor of the California Community Colleges to meet the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), these entities shall be authorized to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems, to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.

(f) The California Longitudinal Pupil Achievement Data System shall have all of the following characteristics:

(1) The ability to sort by demographic element collected from the CAASPP tests and English language development test.

(2) The capability to be expanded to include pupil achievement data from multiple years.

(3) The capability to monitor pupil achievement on the CAASPP tests and English language development test from year to year and school to school.

(4) The capacity to provide data to the state and local educational agencies upon their request.

(5) The capability to provide data to support operational tools, as defined in Section 10861.

(g) Data elements and codes included in the system shall comply with Sections 49061 to 49079, inclusive, and Sections 49602 and 56347, with Sections 430 to 438, inclusive, of Title 5 of the California Code of Regulations, with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), Section 1232h of Title 20 of the United States Code, and related federal regulations.

(h) The department shall convene an advisory board consisting of representatives or designees from the state board, the Department of Finance, the State Privacy Ombudsman, the Legislative Analyst’s Office, representatives of parent groups, school districts, and local educational agencies, and education researchers to establish privacy and access protocols, provide general guidance, and make recommendations relative to data elements. The department is encouraged to seek representation broadly reflective of the general public of California.

(i) This section shall be implemented using federal funds received pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), which are appropriated for purposes of this section in Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002 (Chapter 379 of the Statutes of 2002). The release of these funds is contingent on approval of an expenditure plan by the Department of Finance.

(j) For purposes of this chapter, a local educational agency shall include a county office of education, a school district, and a charter school.