BILL NUMBER: SB 1448	CHAPTERED  08/16/04

	CHAPTER  233
	FILED WITH SECRETARY OF STATE  AUGUST 16, 2004
	APPROVED BY GOVERNOR  AUGUST 16, 2004
	PASSED THE SENATE  JULY 29, 2004
	PASSED THE ASSEMBLY  JULY 28, 2004
	AMENDED IN ASSEMBLY  JULY 28, 2004
	AMENDED IN ASSEMBLY  JULY 23, 2004
	AMENDED IN ASSEMBLY  JUNE 30, 2004
	AMENDED IN SENATE  MAY 12, 2004
	AMENDED IN SENATE  MAY 5, 2004
	AMENDED IN SENATE  APRIL 15, 2004

INTRODUCED BY   Senator Alpert
   (Coauthor:  Senator Scott)

                        FEBRUARY 19, 2004

   An act to amend Sections 60601, 60602, 60607, 60611, 60641, and
60644 of, to amend and repeal Section 60642 of, and to amend, repeal,
and add Sections 60603, 60604, 60605, 60605.6, 60606, 60640, 60643,
and 60643.1 of, the Education Code, relating to pupil assessment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1448, Alpert.  Pupil assessment.
   (1) Existing law, the Leroy Greene California Assessment of
Academic Achievement Act, requires each school district, charter
school, and county office of education to administer to each of its
pupils in grades 2 to 11, inclusive, certain achievement tests.
Existing law repeals the act on January 1, 2005.
   This bill would extend the repeal date of the act to January 1,
2011, thereby imposing a state-mandated local program.  The bill
would, commencing July 1, 2007, exclude pupils in grade 2 from the
standards-based achievement test requirement and make conforming
changes.
   (2) Existing law requires a pupil to have an individual record of
accomplishment that includes the results of achievement tests,
end-of-course exams, and whatever vocational education certification
exams the pupil chose to take, and prohibits the record of
accomplishment from being released to any person other than the
parent or guardian of the pupil, or a teacher, counselor, or
administrator, directly involved with the pupil, without the express
written consent of the parent or guardian of the pupil if the pupil
is a minor, or the pupil, if the pupil has reached the age of
majority or is emancipated.  Existing law also prohibits individual
results of achievement tests from being released without the
permission of the parent or guardian of the pupil.
   This bill would, upon the request of a pupil, or his or her parent
or guardian, permit the release of the record of accomplishment and
the results of achievement tests to a postsecondary educational
institution for specified purposes.  The bill would permit the
release of individual results of the California Standards Tests to a
postsecondary educational institution for the purposes of credit,
placement, or admission.  The bill would require the State Department
of Education to ensure that a specified assessment that is
administered for the purpose of determining credit, placement, or
admission of a pupil in a postsecondary educational institution
informs a pupil in grade 11 that he or she may request that the
results of that assessment be released to a postsecondary educational
institution.
   (3) Existing law prohibits a city, county, city and county, or
district superintendent of schools or principal or teacher of any
elementary or secondary school from carrying on any program of
specific preparation of the pupils for the statewide pupil assessment
program or a particular test used in the statewide pupil assessment
program.
   This bill would, in addition, place that prohibition on a charter
school, but would exempt from that prohibition instructional
materials provided by the State Department of Education if those
instructional materials are embedded in an instructional program that
is intended to improve pupil learning.
   (4) Existing law, the Standardized Testing and Reporting (STAR)
Program requires each school district, charter school, and county
office of education to administer to each of its pupils in grades 2
to 11, inclusive, a standards-based achievement test.  Existing law
authorizes a pupil of limited English proficiency who is enrolled in
any of grades 2 to 11, inclusive, to take a second achievement test
in his or her primary language  at the option of the school district.

   This bill would require the department to develop and adopt
primary language  assessments that are aligned to the state academic
content standards to supplant the primary language test, as
specified.
   (5) Existing law requires that individual results of achievement
tests be reported to the parent or guardian of a pupil, including a
clear explanation of the purpose of the test, the pupil's score, and
the intended use of the test.  Existing law specifies that those
provisions do not require teachers to prepare individualized
explanations of each pupil's test score.
   This bill would, in addition, specify that those provisions do not
require other district personnel to prepare individualized
explanations of each pupil's test score.
   (6) Existing law requires the State Board of Education to
designate an achievement test, to be administered to pupils in grades
3 and 8.
   This bill would, instead, provide that that test is administered
in grades 3 and 7.
   (7) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 60601 of the Education Code is amended to read:

   60601.  This chapter shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2011, deletes or extends that
date.
  SEC. 2.  Section 60602 of the Education Code is amended to read:
   60602.  (a) It is the intent of the Legislature in enacting this
chapter to provide a system of individual assessment of pupils that
has the primary purpose of assisting teachers, administrators,
pupils, and their parents, to improve teaching and learning.  In
order to accomplish these goals, the Legislature finds and declares
that California should adopt a coordinated and consolidated testing
program to do all of the following:
   (1) First and foremost, provide information on the academic status
and progress of individual pupils to those pupils, their parents,
and their teachers.  This information should be designed to assist in
the improvement of teaching and learning in California public
classrooms.  The Legislature recognizes that, in addition to
statewide assessments that will occur as specified in this chapter,
school districts will conduct additional ongoing pupil diagnostic
assessment and provide information regarding pupil performance based
on those assessments on a regular basis to parents or guardians and
schools.  The Legislature further recognizes that local diagnostic
assessment is a primary mechanism through which academic strengths
and weaknesses are identified.
   (2) Develop and adopt a set of statewide academically rigorous
content standards and performance standards in all major subject
areas to serve as the basis for assessing the academic achievement of
individual pupils, as well as for schools, school districts, and for
the California education system as a whole.  The performance
standards shall be designed to lead to specific grade level
benchmarks of academic achievement for each subject area tested
within each grade level and shall be based on the knowledge and
skills that pupils will need in order to succeed in the
information-based, global economy of the 21st century.
   (3) Ensure that all assessment procedures, items, instruments, and
scoring systems are independently reviewed to ensure that they meet
high standards of statistical reliability and validity and that they
do not use procedures, items, instruments, or scoring practices that
are racially, culturally, or gender biased.
   (4) Provide information to pupils, parents or guardians, teachers,
schools, and school districts on a timely basis so that the
information can be used to further the development of the pupil and
to improve the educational program.
   (5) Develop assessments that are comparable to the National
Assessment of Educational Progress and other national and
international assessment efforts, so that California's local and
state test results are reported in a manner that corresponds to the
national test results.  Test results should be reported in terms
describing a pupil's academic performance in relation to the
statewide academically rigorous content and performance standards
adopted by the State Board of Education and in terms of employment
skills possessed by the pupil, in addition to being reported as
numerical or percentile scores.
   (6) Assess pupils for a broad range of academic skills and
knowledge including both basic academic skills and the ability of
pupils to apply those skills.
   (7) Include an appropriate balance of types of assessment
instruments, including, but not limited to, multiple choice
questions, short answer questions, and assessments of applied
academic skills.
   (8) Minimize the amount of instructional time devoted to
assessments administered pursuant to this chapter.
   (b) It is the intent of the Legislature, pursuant to this article,
to begin a planning and implementation process to enable the
Superintendent of Public Instruction to accomplish the goals set
forth in this section as soon as feasible.
   (c) It is the intent of the Legislature that parents, classroom
teachers, other educators, governing board members of school
districts, and the public be involved, in an active and ongoing
basis, in the design and implementation of the statewide pupil
assessment program and the development of assessment instruments.
   (d) It is the intent of the Legislature, insofar as is practically
feasible and following the completion of annual testing, that the
content, test structure, and test items in the assessments that are
part of the Standardized Testing and Reporting Program become open
and transparent to teachers, parents, and pupils, to assist all the
stakeholders in working together to demonstrate improvement in pupil
academic achievement.  A planned change in annual test content,
format, or design, should be made available to educators and the
public well before the beginning of the school year in which the
change will be implemented.
   (e) It is the intent of the Legislature that the results of the
California Standards Tests be available for use, after appropriate
validation, academic credit, or  placement and admissions processes,
or both, at postsecondary educational institutions.
  SEC. 3.  Section 60603 of the Education Code is amended to read:
   60603.  (a) As used in this chapter:
   (1) "Achievement test" means any standardized test that measures
the level of performance that a pupil has achieved in the core
curriculum areas.
   (2) "Assessment of applied academic skills" means a form of
assessment that requires pupils to demonstrate their knowledge of,
and ability to apply, academic knowledge and skills in order to solve
problems and communicate.  It may include, but is not limited to,
writing an essay response to a question, conducting an experiment, or
constructing a diagram or model.  An assessment of applied academic
skills may not include assessments of personal behavioral standards
or skills, including, but not limited to, honesty, sociability,
ethics, or self-esteem.
   (3) "Basic academic skills" means those skills in the subject
areas of reading, spelling, written expression, and mathematics that
provide the necessary foundation for mastery of more complex
intellectual abilities, including the synthesis and application of
knowledge.
   (4) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach and all pupils expected to learn in each of the
core curriculum areas, at each grade level tested.
   (5) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
   (6) "Diagnostic assessment" means interim assessments of the
current level of achievement of a pupil that serves both of the
following purposes:
   (A) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
   (B) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
   (7) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
   (8) "End of course exam" means a comprehensive and challenging
assessment of pupil achievement in a particular subject area or
discipline.
   (9) "Performance standards" are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established.  Performance
standards gauge the degree to which a pupil has met the content
standards and the degree to which a school or school district has met
the content standards.
   (10) "Publisher" means a commercial publisher or any other public
or private entity, other than the department, which is able to
provide tests or test items that meet the requirements of this
chapter.
   (11) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in grades 2 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment of basic academic
skills and applied academic skills, administered to pupils in grade
levels specified in subdivision (c) of Section 60605, required by
this chapter in all schools within each school district by means of
tests designated by the State Board of Education.
  (b) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 4.  Section 60603 is added to the Education Code, to read:
   60603.  (a) As used in this chapter:
   (1) "Achievement test" means any standardized test that measures
the level of performance that a pupil has achieved in the core
curriculum areas.
   (2) "Assessment of applied academic skills" means a form of
assessment that requires pupils to demonstrate their knowledge of,
and ability to apply, academic knowledge and skills in order to solve
problems and communicate.  It may include, but is not limited to,
writing an essay response to a question, conducting an experiment, or
constructing a diagram or model.  An assessment of applied academic
skills may not include assessments of personal behavioral standards
or skills, including, but not limited to, honesty, sociability,
ethics, or self-esteem.
   (3) "Basic academic skills" means those skills in the subject
areas of reading, spelling, written expression, and mathematics that
provide the necessary foundation for mastery of more complex
intellectual abilities, including the synthesis and application of
knowledge.
   (4) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach and all pupils expected to learn in each of the
core curriculum areas, at each grade level tested.
   (5) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
   (6) "Diagnostic assessment" means frequent, interim assessments of
the current level of achievement of a pupil that serves both of the
following purposes:
   (A) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
   (B) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
   (7) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
   (8) "End of course exam" means a comprehensive and challenging
assessment of pupil achievement in a particular subject area or
discipline.
   (9) "Performance standards" are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established.  Performance
standards gauge the degree to which a pupil has met the content
standards and the degree to which a school or school district has met
the content standards.
   (10) "Publisher" means a commercial publisher or any other public
or private entity, other than the department, which is able to
provide tests or test items that meet the requirements of this
chapter.
   (11) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in grades 3 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment of basic academic
skills and applied academic skills, administered to pupils in grade
levels specified in subdivision (c) of Section 60605, required by
this chapter in all schools within each school district by means of
tests designated by the State Board of Education.
   (b) This section shall become operative on July 1, 2007.
  SEC. 5.  Section 60604 of the Education Code is amended to read:
   60604.  (a) The Superintendent of Public Instruction shall design
and implement, consistent with the timetable and plan required
pursuant to subdivision (b), a statewide pupil assessment program
consistent with the testing requirements of this article in
accordance with the objectives set forth in Section 60602.  That
program shall include all of the following:
   (1) A plan for producing valid, reliable, and comparable
individual pupil scores in grades 2 to 11, inclusive, and a
comprehensive analysis of these scores based on the results of the
achievement test designated by the State Board of Education that
assesses a broad range of basic academic skills pursuant to the
Standardized Testing and Reporting (STAR) Program established by
Article 4 (commencing with Section 60640).
   (2) A method of working with publishers to ensure valid, reliable,
and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 2 to 11,
inclusive, that is based on the achievement test designated pursuant
to subdivision (b) of Section 60605.
   (3) Statewide academically rigorous content and performance
standards that reflect the knowledge and skills that pupils will need
in order to succeed in the information-based, global economy of the
21st century.  These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.
   (4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the state board.
   (5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.
   (6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members of
school districts, and the public in all phases of the design and
implementation of the statewide pupil assessment program.
   (7) The development of a contract or contracts with a publisher or
publishers, after the approval of statewide academically rigorous
content standards by the state board, for the development of
performance standards and assessments of applied academic skills
designed to test pupils' knowledge of academic skills and abilities
to apply that knowledge and those skills in order to solve problems
and communicate.
   (b) The superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan, and
timetable for implementing the program described in subdivision (a).
The annual update shall be submitted on or before March 1 of each
year to the chairperson of the fiscal subcommittee considering budget
appropriations in each house.  The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
   (c) The superintendent shall provide each school district with
guidelines for professional development that are designed to assist
classroom teachers to use the results of the assessments administered
pursuant to this chapter to modify instruction for the purpose of
improving pupil learning.  These guidelines shall be developed in
consultation with classroom teachers and approved by the state board
before dissemination.
   (d) The superintendent and the state board shall consider comments
and recommendations from school districts and the public in the
development, adoption, and approval of assessment instruments.
   (e) The results of the achievement test administered pursuant to
Article 4 (commencing with Section 60640) shall be returned to the
school district within the period of time specified by the state
board.
  (f) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 6.  Section 60604 is added to the Education Code, to read:
   60604.  (a) The Superintendent of Public Instruction shall design
and implement, consistent with the timetable and plan required
pursuant to subdivision (b), a statewide pupil assessment program
consistent with the testing requirements of this article in
accordance with the objectives set forth in Section 60602.  That
program shall include all of the following:
   (1) A plan for producing valid, reliable, and comparable
individual pupil scores in grades 3 to 11, inclusive, and a
comprehensive analysis of these scores based on the results of the
achievement test designated by the State Board of Education that
assesses a broad range of basic academic skills pursuant to the
Standardized Testing and Reporting (STAR) Program established by
Article 4 (commencing with Section 60640).
   (2) A method of working with publishers to ensure valid, reliable,
and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 3 to 11,
inclusive, that is based on the achievement test designated pursuant
to subdivision (b) of Section 60605.
   (3) Statewide academically rigorous content and performance
standards that reflect the knowledge and skills that pupils will need
in order to succeed in the information-based, global economy of the
21st century.  These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.
   (4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the state board.
   (5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.
   (6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members of
school districts, and the public in all phases of the design and
implementation of the statewide pupil assessment program.
   (7) The development of a contract or contracts with a publisher or
publishers, after the approval of statewide academically rigorous
content standards by the state board, for the development of
performance standards and assessments of applied academic skills
designed to test pupils' knowledge of academic skills and abilities
to apply that knowledge and those skills in order to solve problems
and communicate.
   (b) The superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan, and
timetable for implementing the program described in subdivision (a).
The annual update shall be submitted on or before March 1 of each
year to the chairperson of the fiscal subcommittee considering budget
appropriations in each house.  The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
   (c) The superintendent shall provide each school district with
guidelines for professional development that are designed to assist
classroom teachers to use the results of the assessments administered
pursuant to this chapter to modify instruction for the purpose of
improving pupil learning.  These guidelines shall be developed in
consultation with classroom teachers and approved by the state board
before dissemination.
   (d) The superintendent and the state board shall consider comments
and recommendations from school districts and the public in the
development, adoption, and approval of assessment instruments.
   (e) The results of the achievement test administered pursuant to
Article 4 (commencing with Section 60640) shall be returned to the
school district within the period of time specified by the state
board.
   (f) This section shall become operative July 1, 2007.
  SEC. 7.  Section 60605 of the Education Code is amended to read:
   60605.  (a) (1) (A) Not later than January 1, 1998, the State
Board of Education shall adopt statewide academically rigorous
content standards, pursuant to the recommendations of the Commission
for the Establishment of Academic Content and Performance Standards,
in the core curriculum areas of reading, writing, and mathematics to
serve as the basis for assessing the academic achievement of
individual pupils and of schools, school districts, and the
California education system.  Not later than November 1, 1998, the
state board shall adopt these standards in the core curriculum areas
of history/social science and science.
   (B) The state board shall adopt statewide performance standards in
the core curriculum areas of reading, writing, mathematics,
history/social science, and science based on the recommendations made
by the Superintendent of Public Instruction and a contractor or
contractors.
   (C) The state board shall require the contractor or contractors to
submit performance standards to the superintendent and the state
board not later than a specified date that allows sufficient
opportunity for the superintendent to make a recommendation to the
state board and for the state board to conduct regional hearings
prior to the adoption of the performance standards.
   (2) (A) The state board may modify any proposed content standards
or performance standards prior to adoption and may adopt content and
performance standards in individual core curriculum areas as those
standards are submitted to the board.  The state performance
standards shall be established against specific grade level
benchmarks of academic achievement for each subject area tested and
shall be based on the knowledge and skills that pupils will need in
order to succeed in the information-based, global economy of the 21st
century.  These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.  The standards adopted pursuant
to this section shall be for the purpose of guiding state decisions
regarding the development, adoption, and approval of assessment
instruments pursuant to this chapter and does not mandate any actions
or activities by school districts.
   (B) Because these standards are models, the adoption of these
standards is not subject to the Administrative Procedure Act.  This
subparagraph is declaratory of existing law.
   (3) Before adopting academic content and performance standards,
the state board shall hold regional hearings for the purpose of
giving parents and other members of the public the opportunity to
comment on the proposed standards.
   (b) (1) The state board shall require the department to notify
publishers of the opportunity to submit, for consideration by the
state board pursuant to Section 60642, tests of achievement that
include all of the basic academic skills identified in subdivision
(c) of Section 60603 in grades 2 to 8, inclusive, and the core
curriculum areas of English and language arts, mathematics, and
science in grades 9 to 11, inclusive.
   (2) The superintendent shall recommend to the state board which
achievement test to adopt pursuant to subdivision (b) of Section
60642.
   (c) (1) The state board shall ensure that the statewide assessment
system adopted pursuant to this chapter yields valid, reliable
individual pupil scores and, where applicable, aggregate school
scores, school district scores, and statewide scores of pupils and
assesses basic academic skills and content standards, including the
use of a direct writing assessment or other applied academic skills
if deemed valid and reliable and if resources are made available for
their use.
   (2) This subdivision does not prevent the state board from
developing or adopting an assessment instrument that also contains
assessments of basic academic skills.
   (d) To the extent feasible and as otherwise required, the state
board shall ensure that assessments developed, or contracted for
pursuant to Section 60642.5, by the state are aligned with the
statewide content and performance standards adopted pursuant to
subdivision (a).  The department, with the approval of the state
board, shall periodically contract for a review of the achievement
test for conformance with these standards.
   (e) After adopting statewide content and performance standards,
the state board shall review the existing curriculum frameworks for
conformity with the new statewide standards and shall modify the
curriculum frameworks where appropriate to bring them into alignment
with the standards.
   (f) The state board shall adopt regulations for the conduct and
administration of the testing and assessment program.
   (g) The state board shall adopt a regulation for minimum security
procedures that test and assessment publishers and school districts
must follow to ensure the security and integrity of test and
assessment questions and materials.
  (h) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 8.  Section 60605 is added to the Education Code, to read:
   60605.  (a) (1) (A) Not later than January 1, 1998, the State
Board of Education shall adopt statewide academically rigorous
content standards, pursuant to the recommendations of the Commission
for the Establishment of Academic Content and Performance Standards,
in the core curriculum areas of reading, writing, and mathematics to
serve as the basis for assessing the academic achievement of
individual pupils and of schools, school districts, and the
California education system.  Not later than November 1, 1998, the
state board shall adopt these standards in the core curriculum areas
of history/social science and science.
   (B) The state board shall adopt statewide performance standards in
the core curriculum areas of reading, writing, mathematics,
history/social science, and science based on the recommendations made
by the superintendent and a contractor or contractors.
   (C) The state board shall require the contractor or contractors to
submit performance standards to the superintendent and the state
board not later than a specified date that allows sufficient
opportunity for the superintendent to make a recommendation to the
state board and for the state board to conduct
                     regional hearings prior to the adoption of the
performance standards.
   (2) (A) The state board may modify any proposed content standards
or performance standards prior to adoption and may adopt content and
performance standards in individual core curriculum areas as those
standards are submitted to the state board.  The performance
standards shall be established against specific grade level
benchmarks of academic achievement for each subject area tested and
shall be based on the knowledge and skills that pupils will need in
order to succeed in the information-based, global economy of the 21st
century. These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem. The standards adopted pursuant
to this section shall be for the purpose of guiding state decisions
regarding the development, adoption, and approval of assessment
instruments pursuant to this chapter and shall not be construed to
mandate any actions or activities by school districts.
   (B) Because these standards are models, the adoption of these
standards is not subject to the Administrative Procedure Act.  This
subparagraph is declaratory of existing law.
   (3) Before adopting academic content and performance standards,
the state board shall hold regional hearings for the purpose of
giving parents and other members of the public the opportunity to
comment on the proposed standards.
   (b) (1) The state board shall require the department to notify
publishers of the opportunity to submit, for consideration by the
state board pursuant to Section 60642, tests of achievement that
include all of the basic academic skills identified in subdivision
(c) of Section 60603 in grades 3 to 8, inclusive, and the core
curriculum areas of English and language arts, mathematics, and
science in grades 9 to 11, inclusive.
   (2) The superintendent shall recommend to the state board which
achievement test to adopt pursuant to subdivision (b) of Section
60642.
   (c) (1) The state board shall ensure that the statewide assessment
system adopted pursuant to this chapter yields valid, reliable
individual pupil scores and, where applicable, aggregate school
scores, school district scores, and statewide scores of pupils and
assesses basic academic skills and content standards, including the
use of a direct writing assessment or other applied academic skills
if deemed valid and reliable and if resources are made available for
their use.
   (2) This subdivision does not prevent the state board from
developing or adopting an assessment instrument that also contains
assessments of basic academic skills.
   (d) To the extent feasible and as otherwise required, the state
board shall ensure that assessments developed, or contracted for
pursuant to Section 60642.5, by the state are aligned with the
statewide content and performance standards adopted pursuant to
subdivision (a).  The department, with the approval of the state
board, shall periodically contract for a review of the achievement
test for conformance with these standards.
   (e) After adopting statewide content and performance standards,
the state board shall review the existing curriculum frameworks for
conformity with the new statewide standards and shall modify the
curriculum frameworks where appropriate to bring them into alignment
with the standards.
   (f) The state board shall adopt regulations for the conduct and
administration of the testing and assessment program.
   (g) The state board shall adopt a regulation for minimum security
procedures that test and assessment publishers and school districts
must follow to ensure the security and integrity of test and
assessment questions and materials.
   (h) This section shall become operative July 1, 2007.
  SEC. 9.  Section 60605.6 of the Education Code is amended to read:

   60605.6.  Subject to the availability of funds in the annual
Budget Act for this purpose, the Superintendent of Public
Instruction, upon approval of the State Board of Education, shall
contract for the development and distribution of workbooks, as
follows:
   (a) One workbook to be distributed to all pupils in the 10th
grade.  This workbook shall contain information on the proficiency
levels that must be demonstrated by pupils on the high school exit
examination described in Chapter 9 (commencing with Section 60850).
The workbook also shall contain sample questions, with explanations
describing how these sample questions test pupil knowledge of the
language arts and mathematics content standards adopted by the state
board pursuant to Section 60605.
   (b) Separate workbooks for each of grades 2 to 11, inclusive.
Each pupil in grades 2 to 11, inclusive, who is required to take the
achievement tests described in Section 60642 or Section 60642.5 shall
receive a copy of the workbook designed for the same grade level in
which the pupil is enrolled.  These workbooks shall contain material
to assist pupils and their parents with standards-based learning,
including the grade appropriate academic content standards adopted by
the state board pursuant to Section 60605 and sample questions that
require knowledge of these standards to answer.  The workbooks also
shall describe how the sample questions test knowledge of the state
board adopted academic content standards.
  (c) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 10.  Section 60605.6 is added to the Education Code, to read:

   60605.6.  Subject to the availability of funds in the annual
Budget Act for this purpose, the Superintendent of Public
Instruction, upon approval of the State Board of Education, shall
contract for the development and distribution of workbooks, as
follows:
   (a) One workbook to be distributed to all pupils in the 10th
grade.  This workbook shall contain information on the proficiency
levels that must be demonstrated by pupils on the high school exit
examination described in Chapter 9 (commencing with Section 60850).
The workbook also shall contain sample questions, with explanations
describing how these sample questions test pupil knowledge of the
language arts and mathematics content standards adopted by the state
board pursuant to Section 60605.
   (b) Separate workbooks for each of grades 3 to 11, inclusive.
Each pupil in grades 3 to 11, inclusive, who is required to take the
achievement tests described in Section 60642 or Section 60642.5 shall
receive a copy of the workbook designed for the same grade level in
which the pupil is enrolled.  These workbooks shall contain material
to assist pupils and their parents with standards-based learning,
including the grade appropriate academic content standards adopted by
the state board pursuant to Section 60605 and sample questions that
require knowledge of these standards to answer.  The workbooks also
shall describe how the sample questions test knowledge of the state
board adopted academic content standards.
   (c) This section shall become operative July 1, 2007.
  SEC. 11.  Section 60606 of the Education Code is amended to read:
   60606.  (a) After designating a test of academic achievement for
use in grades 2 to 11, inclusive, pursuant to Section 60642, or
adopting an assessment of applied academic skills for use in grades
4, 5, 8, and 10 pursuant to Section 60605, the State Board of
Education shall submit each of those two instruments when designated
or adopted to the Statewide Pupil Assessment Review Panel, which is
hereby established, for review by the panel.
   (b) The panel shall consist of six members.  Three members shall
be appointed by the Governor, one member shall be appointed by the
Senate Committee on Rules, one member shall be appointed by the
Speaker of the Assembly, and one member shall be appointed by the
superintendent.  A majority of the panel shall consist of parents
whose children attend public schools in the state in kindergarten and
grades 1 to 12, inclusive.
   (c) Panel members shall serve two-year terms, without
compensation.  No panel member shall serve more than two consecutive
terms.
   (d) The panel shall review the two instruments specified in
subdivision (a) in order to ensure that the content of the
instruments complies with the requirements of Section 60614.
Notwithstanding any other provision of law, the panel may meet in
closed session with a publisher for the purpose of addressing
questions and clarifying issues that relate to ensuring that the
content of the publisher's test or assessment, as the case may be,
comply with the requirements of Section 60614.
   (e) The panel shall report its findings and recommendations to the
state board within 10 days of its receipt of each instrument.  If
the panel fails to report within the required 10 days, the test or
assessment shall be deemed acceptable to the panel.
  (f) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 12.  Section 60606 is added to the Education Code, to read:
   60606.  (a) After designating a test of academic achievement for
use in grades 3 to 11, inclusive, pursuant to Section 60642, or
adopting an assessment of applied academic skills for use in grades
4, 5, 8, and 10 pursuant to Section 60605, the State Board of
Education shall submit each of those two instruments when designated
or adopted to the Statewide Pupil Assessment Review Panel, which is
hereby established, for review by the panel.
   (b) The panel shall consist of six members.  Three members shall
be appointed by the Governor, one member shall be appointed by the
Senate Committee on Rules, one member shall be appointed by the
Speaker of the Assembly, and one member shall be appointed by the
Superintendent of Public Instruction.  A majority of the panel shall
consist of parents whose children attend public schools in the state
in kindergarten and grades 1 to 12, inclusive.
   (c) Panel members shall serve two-year terms, without
compensation.  No panel member shall serve more than two consecutive
terms.
   (d) The panel shall review the two instruments specified in
subdivision (a) in order to ensure that the content of the
instruments complies with the requirements of Section 60614.
Notwithstanding any other provision of law, the panel may meet in
closed session with a publisher for the purpose of addressing
questions and clarifying issues that relate to ensuring that the
content of the publisher's test or assessment, as the case may be,
comply with the requirements of Section  60614.
   (e) The panel shall report its findings and recommendations to the
state board within 10 days of its receipt of each instrument.  If
the panel fails to report within the required 10 days, the test or
assessment shall be deemed acceptable to the panel.
   (f) This section shall become operative July 1, 2007.
  SEC. 13.  Section 60607 of the Education Code is amended to read:
   60607.  (a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results of
the achievement test required and administered annually as part of
the Standardized Testing and Reporting (STAR) Program established
pursuant to Article 4 (commencing with Section 60640), results of
end-of-course exams he or she has taken, and the vocational education
certification exams he or she chose to take.
   (b) It is the intent of the Legislature that school districts and
schools use the results of the academic achievement tests
administered annually as part of the statewide pupil assessment
program to provide support to pupils and parents or guardians in
order to assist pupils in strengthening their development as
learners, and thereby to improve their academic achievement and
performance in subsequent assessments.
   (c) (1) Any pupil results or a record of accomplishment shall be
private, and may not be released to any person, other than the pupil'
s parent or guardian and a teacher, counselor, or administrator
directly involved with the pupil, without the express written consent
of either the parent or guardian of the pupil if the pupil is a
minor, or the pupil if the pupil has reached the age of majority or
is emancipated.
   (2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational institution
for the purposes of credit, placement, or admission.
   (B) Notwithstanding paragraph (1), the results of an individual
pupil on the California Standards Test may be released to a
postsecondary educational institution for the purposes of credit,
placement, or admission.
  SEC. 14.  Section 60611 of the Education Code is amended to read:
   60611.  (a) A city, county, city and county, district
superintendent of schools, or principal or teacher of any elementary
or secondary school, including a charter school shall carry on any
program of specific preparation of pupils for the statewide pupil
assessment program or a particular test used therein.
   (b) City, county, city and county, district superintendent of
schools, principal, teacher of an elementary and secondary school,
including a charter school, may use instructional materials provided
by the department or its agents in the academic preparation of pupils
for the statewide pupil assessment if those instructional materials
are embedded in an instructional program that is intended to improve
pupil learning.
  SEC. 15.  Section 60640 of the Education Code, as added by Chapter
773 of the Statutes of 2003, is amended to read:
   60640.  (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
   (b) Commencing in the 2004-05 fiscal year and each fiscal year
thereafter, and from the funds available for that purpose, each
school district, charter school, and county office of education shall
administer to each of its pupils in grades 3 and 7 the achievement
test designated by the State Board of Education pursuant to Section
60642 and shall administer to each of its pupils in grades 2 to 11,
inclusive, the standards-based achievement test provided for in
Section 60642.5.  The state board shall establish a testing period to
provide that all schools administer these tests to pupils at
approximately the same time during the instructional year, except as
necessary to ensure test security and to meet the final filing date.

   (c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils within the testing
period established by the state board in subdivision (b).
   (d) The governing board of the school district may administer
achievement tests in grades other than those required by subdivision
(b) as it deems appropriate.
   (e) Pursuant to paragraph (17) of subsection (a) of Section 1412
of Title 20 of the United States Code, individuals with exceptional
needs, as defined in Section 56026, shall be included in the testing
requirement of subdivision (b) with appropriate accommodations in
administration, where necessary, and those individuals with
exceptional needs who are unable to participate in the testing, even
with accommodations, shall be given an alternate assessment.
   (f) (1) At the option of the school district,  pupils with limited
English proficiency who are enrolled in any of grades 2 to 11,
inclusive, may take a second achievement test in their primary
language.  Primary language tests administered pursuant to this
subdivision and subdivision (g) shall be subject to the requirements
of subdivision (a) of Section 60641.  These primary language tests
shall produce individual pupil scores that are valid and reliable.
   (2) Notwithstanding any other law, the state board shall designate
for use, as part of this program, a single primary language test in
each language for which a test is available for grades 2 to 11,
inclusive, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified in
Sections 60642 and 60643, as applicable.
   (3) (A) The department shall use funds made available pursuant to
Title VI of the federal No Child Left Behind Act of 2001 and
appropriated by the annual Budget Act for the purpose of developing
and adopting primary language assessments that are aligned to the
state academic content standards. Subject to the availability of
funds, primary language assessments shall be developed and adopted
for reading/language arts and mathematics in the dominant primary
language of limited-English-proficient pupils.  The dominant primary
language shall be determined by the count in the annual language
census of the primary language of each limited-English-proficient
pupil enrolled in the California public schools.
   (B) Once a dominant primary language assessment is available for
use for a specific grade level, it shall be administered in place of
the assessment designated pursuant to paragraph (1) for that grade
level.
   (C) In choosing a contractor to develop a primary language
assessment the State Board of Education shall consider the criteria
for choosing a contractor or test publisher as specified by Sections
60642 and 60643, and as specified by Section 60642.5, as applicable.

   (D) Subject to the availability of funds, the assessments shall be
developed in grade order starting with the lowest grade subject to
the STAR Program.
   (E) If the state board contracts for the development of primary
language assessments or test items to augment an existing assessment,
the state shall retain ownership rights to the assessment and the
test items.  With the approval of the state board, the department may
license the test for use in other states subject to a compensation
agreement approved by the Department of Finance.
   (F) On or before January 1, 2006, the department shall submit to
the Legislature a report on the development and implementation of the
initial primary language assessments and recommendations on the
development and implementation of future assessments and funding
requirements.
   (g) A pupil of limited English proficiency who is enrolled in any
of grades 2 to 11, inclusive, shall be required to take a test in his
or her primary language if a test is available, and if fewer than 12
months have elapsed after his or her initial enrollment in any
public or nonpublic school in the state.
   (h) (1) The Superintendent of Public Instruction shall apportion
funds to school districts to enable school districts to meet the
requirements of subdivisions (b), (f), and (g).
   (2) The state board shall annually establish the amount of funding
to be apportioned to school districts for each test administered and
shall annually establish the amount that each publisher shall be
paid for each test administered under the agreements required
pursuant to Section 60643.  The amounts to be paid to the publishers
shall be determined by considering the cost estimates submitted by
each publisher each September and the amount included in the annual
Budget Act, and by making allowance for the estimated costs to school
districts for compliance with the requirements of subdivisions (b),
(f), and (g).
   (3) An adjustment to the amount of funding to be apportioned per
test may not be valid without the approval of the Director of
Finance.  A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment.  The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute.  The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
   (i) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation for the apportionments made pursuant to paragraph (1)
of subdivision (h), and the payments made to the publishers under the
contracts required pursuant to Section 60643 or subparagraph (C) of
paragraph (1) of subdivision (a) of Section 60605 between the
department and the contractor, are "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202, for the applicable fiscal year, and included within
the "total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202,
for that fiscal year.
   (j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the superintendent
all of the following:
   (1) The number of pupils enrolled in the school district in grades
2 to 11, inclusive.
   (2) The number of pupils to whom an achievement test was
administered in grades 2 to 11, inclusive, in the school district.
   (3) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
   (k) This section shall become inoperative on July 1, 2007, and as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 16.  Section 60640 is added to the Education Code, to read:
   60640.  (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
   (b) Commencing in the 2007-08 fiscal year and each fiscal year
thereafter, and from the funds available for that purpose, each
school district, charter school, and county office of education shall
administer to each of its pupils in grades 3 and 7 the achievement
test designated by the State Board of Education pursuant to Section
60642 and shall administer to each of its pupils in grades 3 to 11,
inclusive, the standards-based achievement test provided for in
Section 60642.5.  The state board shall establish a testing period to
provide that all schools administer these tests to pupils at
approximately the same time during the instructional year, except as
necessary to ensure test security and to meet the final filing date.

   (c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils within the testing
period established by the state board in subdivision (b).
   (d) The governing board of the school district may administer
achievement tests in grades other than those required by subdivision
(b) as it deems appropriate.
   (e) Pursuant to paragraph (17) of subsection (a) of Section 1412
of Title 20 of the United States Code, individuals with exceptional
needs, as defined in Section 56026, shall be included in the testing
requirement of subdivision (b) with appropriate accommodations in
administration, where necessary, and those individuals with
exceptional needs who are unable to participate in the testing, even
with accommodations, shall be given an alternate assessment.
   (f) At the option of the school district, a pupil with limited
English proficiency who is enrolled in any of grades 3 to 11,
inclusive, may take a second achievement test in his or her primary
language.  Primary language tests administered pursuant to this
subdivision and subdivision (g) shall be subject to the requirements
of subdivision (a) of Section 60641.  These primary language tests
shall produce individual pupil scores that are valid and reliable.
Notwithstanding any other law, the state board shall designate for
use, as part of this program, a single primary language test in each
language for which a test is available for grades 3 to 11, inclusive,
pursuant to the process used for designation of the assessment
chosen in the 1997-98 fiscal year, as specified by Sections 60642 and
60643, and as specified by Section 60642.5, as applicable.
   (g) A pupil identified as limited English proficient pursuant to
the administration of a test provided by Section 60810, who is
enrolled in any of grades 3 to 11, inclusive, and has not been
reclassified as proficient in English pursuant to reclassification
procedures required to be developed by Section 313, shall be required
to take a test in his or her primary language if a test is available
and if fewer than 12 months have elapsed after his or her initial
enrollment in any public school in the state.
   (h) (1) The Superintendent of Public Instruction shall apportion
funds to school districts to enable school districts to meet the
requirements of subdivision (b), the alternative assessment required
by subdivision (e), and subdivisions (f) and (g).
   (2) The state board shall annually establish the amount of funding
to be apportioned to school districts for each test administered and
shall annually establish the amount that each publisher shall be
paid for each test administered under the agreements required
pursuant to Section 60643.  The amounts to be paid to the publishers
shall be determined by considering the cost estimates submitted by
each publisher each September and the amount included in the annual
Budget Act, and by making allowance for the estimated costs to school
districts for compliance with the requirements of subdivision (b),
the alternative assessment required by subdivision (e), and
subdivisions (f) and (g).
   (3) An adjustment to the amount of funding to be apportioned per
test may not be valid without the approval of the Director of
Finance.  A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment.  The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute.  The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
               (i) For the purposes of making the computations
required by Section 8 of Article XVI of the California Constitution,
the appropriation for the apportionments made pursuant to paragraph
(1) of subdivision (h), and the payments made to the publishers under
the contracts required pursuant to Section 60643 or subparagraph (C)
of paragraph (1) of subdivision (a) of Section 60605 between the
department and the contractor, are "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202, for the applicable fiscal year, and included within
the "total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202,
for that fiscal year.
   (j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the superintendent
all of the following:
   (1) The number of pupils enrolled in the school district in grades
2 to 11, inclusive.
   (2) The number of pupils to whom an achievement test was
administered in grades 2 to 11, inclusive, in the school district.
   (3) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
   (k) The superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the California Standards Tests for academic credit, or placement, and
admissions processes, or both purposes.
   (l) The superintendent shall, with the approval of the state
board, annually release to the public at least 25 percent of test
items from the standards-based achievement test provided for in
Section 60642.5 from the test administered in the previous year.
   (m) This section shall become operative July 1, 2007.
  SEC. 17.  Section 60641 of the Education Code is amended to read:
   60641.  (a) The department shall ensure that school districts
comply with each of the following requirements:
   (1) The achievement test designated pursuant to Section 60642 and
the standards-based achievement test provided for in Section 60642.5
are scheduled to be administered to all pupils during the period
prescribed in subdivision (b) of Section 60640.
   (2) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the pupil'
s parent or guardian.  The written report shall include a clear
explanation of the purpose of the test, the pupil's score, and its
intended use by the school district.  This subdivision does not
require teachers or other school district personnel to prepare
individualized explanations of each pupil's test score.
   (3) (A) The individual results of each pupil test administered
pursuant to Section 60640 shall also be reported to the pupil's
school and teachers.  The school district shall include the pupil's
test results in his or her pupil records.  However, except as
provided in this section, individual pupil test results may only be
released with the permission of either the pupil's parent or guardian
if the pupil is a minor, or the pupil if the pupil has reached the
age of majority or is emancipated.
   (B) Notwithstanding subparagraph (A), a pupil or his or her parent
or guardian may authorize the release of individual pupil results to
a postsecondary educational institution for the purpose of credit,
placement, or admission.
   (4) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.
   (b) The publisher designated pursuant to Section 60642 and the
publisher of the standards-based achievement tests provided for in
Section 60642.5 shall make the individual pupil, grade, school,
school district, and state results available to the department
pursuant to paragraph (9) of subdivision (a) of Section 60643 by
August 8 of each year in which the achievement test is administered
for those schools for which the last day of test administration,
including makeup days, is on or before June 25.  The department shall
make the grade, school, school district, and state results available
on the Internet by August 15 of each year in which the achievement
test is administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25.
   (c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).
   (d) The department shall ensure that a California Standards Test
that is augmented for the purpose of determining credit, placement,
or admission of a pupil in a postsecondary educational institution
inform a pupil in grade 11 that he or she may request that the
results from that assessment be released to a postsecondary
educational institution.
  SEC. 18.  Section 60642 of the Education Code, as added by Chapter
773 of the Statutes of 2003, is amended to read:
   60642.  (a) The Superintendent of Public Instruction and the State
Board of Education may consider any evaluations of independent
experts who have not been employed by a test publisher in the
preceding 12 months regarding the suitability of the achievement
tests submitted by publishers as required by subdivision (b) of
Section 60605 for use as part of the STAR Program established by this
article.
   (b) Based upon a review of the achievement tests submitted and the
recommendation made by the superintendent pursuant to subdivision
(b) of Section 60605, the state board, in its sole discretion, based
on the considerations set forth in Section 60644, shall designate for
use as part of the STAR Program a single test in grades 3 and 7.
   (c) The state board shall ensure that the achievement test
designated pursuant to subdivision (b) contains the subject areas
specified in subdivision (c) of Section 60603 for grades 3 and 7.
   (d) The state board is hereby authorized to designate the
achievement test to be administered pursuant to this article for more
than one academic year subject to the availability of funds.
   (e) The state board shall minimize, to the extent it deems
feasible, the amount of testing time required by the assessment in
subdivision (b) for those content areas for which there also exists a
standards-based examination as provided for pursuant to Section
60642.5.
  (f) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 19.  Section 60643 of the Education Code is amended to read:
   60643.  (a) To be eligible for consideration under Section 60642
or 60642.5 by the State Board of Education, test publishers shall
agree in writing each year to meet the following requirements, as
applicable, if selected:
   (1) Enter into an agreement, pursuant to subdivision (e) or (f),
with the department by October 15.
   (2) With respect to selection under Section 60642.5, align the
standards-based achievement test provided for in Section 60642.5 to
the academically rigorous content and performance standards adopted
by the State Board of Education.
   (3) Comply with subdivisions (c) and (d) of Section 60645.
   (4) Provide valid and reliable individual pupil scores only in the
content areas specified in subdivision (c) of Section 60642 to
parents or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores only in the
content areas specified in subdivision (c) of Section 60642 to school
districts and county boards of education in all of the following
forms and formats:
   (A) Grade level.
   (B) School level.
   (C) District level.
   (D) Countywide.
   (E) Statewide.
   (F) Comparison of statewide scores relative to other states.
   (6) Provide disaggregated scores, based on
limited-English-proficient status and nonlimited-English-proficient
status.  For purposes of this section, pupils with
"nonlimited-English-proficient status" shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils.  These
scores shall be provided to school districts and county boards of
education in the same forms and formats listed in paragraph (5).
   (7) Provide disaggregated scores by pupil gender and ethnicity and
provide disaggregated scores based on whether pupils are
economically disadvantaged or not.  These disaggregated scores shall
be in the same forms and formats as listed in paragraph (5).  In any
one year, the disaggregation shall entail information already being
collected by school districts, county offices of education, or
charter schools.
   (8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law.  These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section may not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
   (9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the department and the state board in the medium requested by
each entity, respectively.
   (b) It is the intent of the Legislature that the publisher work
with the Superintendent of Public Instruction and the state board in
developing a methodology to disaggregate statewide scores as required
in paragraphs (6) and (7) of subdivision (a), and in determining
which variable indicated on the STAR testing document shall serve as
a proxy for "economically disadvantaged" status pursuant to paragraph
(7).
   (c) Access to any information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section.  School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income.  This chapter does not abridge or deny rights to
confidentiality contained in the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
provisions of state and federal law that protect the confidentiality
of information collected by educational institutions.
   (d) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642, the
publisher of the standards-based achievement test provided for in
Section 60642.5, or any contractor under subdivision (f) shall comply
with all of the conditions and requirements enumerated in
subdivision (a), as applicable, to the satisfaction of the state
board.
   (e) (1) A publisher may not provide a test described in Section
60642, 60642.5, or 60650 or in subdivision (f) of Section 60640 for
use in California public schools, unless the publisher enters into a
written contract with the department as set forth in this
subdivision.
   (2) The department shall develop, and the state board shall
approve, a contract to be entered into with any publisher pursuant to
paragraph (1).  The department may develop the contract through
negotiations with the publisher.
   (3) For purposes of the contracts authorized pursuant to this
subdivision, the department is exempt from the requirements of Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code and from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
   (4) The contracts shall include provisions for progress payments
to the publisher for work performed or costs incurred in the
performance of the contract.  Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided for
in each contract shall be withheld pending final completion of all
component tasks by that publisher.  The total amount withheld pending
final completion shall not exceed 10 percent of the total contract
price.
   (5) The contracts shall require liquidated damages to be paid by
the publisher in the amount of up to 10 percent of the total cost of
the contract for any component task that the publisher through its
own fault or that of its subcontractors fails to substantially
perform by the date specified in the agreement.
   (6) The contracts shall establish the process and criteria by
which the successful completion of each component task shall be
recommended by the department and approved by the state board.
   (7) The publishers shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
   (8) The contracts shall specify the following component tasks, as
applicable, that are separate and distinct:
   (A) Development of new tests or test items as required by
paragraph (2) of subdivision (a).
   (B) Test materials production or publication.
   (C) Delivery of test materials to school districts.
   (D) Test processing, scoring, and analyses.
   (E) Reporting of test results to the school districts, including,
but not limited to, all reports specified in this section.
   (F) Reporting of test results to the department, including, but
not limited to, the electronic files required pursuant to this
section.
   (G) All other analyses or reports required by the superintendent
to meet the requirements of state and federal law and set forth in
the agreement.
   (9) The contracts shall specify the specific reports and data
files, if any, that are to be provided to school districts by the
publisher and the number of copies of each report or file to be
provided.
   (10) The contracts shall specify the means by which any delivery
date for materials to each school district shall be verified by the
publisher and the school district.
   (11) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
contracts specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 to 11, inclusive.  Any separate agreement is not within
the scope of the contract specified in this subdivision.
   (f) The department, with approval of the state board, may enter
into a separate contract for the development or administration of any
test authorized pursuant to this part, including, but not limited
to, item development, coordination of tests, assemblage of tests or
test items, scoring, or reporting.  The liquidated damages provision
set forth in paragraph (5) of subdivision (e) shall apply to any
contract entered into pursuant to this subdivision.
  (g) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 20.  Section 60643 is added to the Education Code, to read:
   60643.  (a) To be eligible for consideration under Section 60642
or 60642.5 by the State Board of Education, test publishers shall
agree in writing each year to meet the following requirements, as
applicable, if selected:
   (1) Enter into an agreement, pursuant to subdivision (e) or (f),
with the department by October 15.
   (2) With respect to selection under Section 60642.5, align the
standards-based achievement test provided for in Section 60642.5 to
the academically rigorous content and performance standards adopted
by the state board.
   (3) Comply with subdivisions (c) and (d) of Section 60645.
   (4) Provide valid and reliable individual pupil scores only in the
content areas specified in subdivision (c) of Section 60642 to
parents or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores only in the
content areas specified in subdivision (c) of Section 60642 to school
districts and county boards of education in all of the following
forms and formats:
   (A) Grade level.
   (B) School level.
   (C) District level.
   (D) Countywide.
   (E) Statewide.
   (F) Comparison of statewide scores relative to other states.
   (6) Provide disaggregated scores, based on
limited-English-proficient status and nonlimited-English-proficient
status.  For purposes of this section, pupils with
"nonlimited-English-proficient status" shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils.  These
scores shall be provided to school districts and county boards of
education in the same forms and formats listed in paragraph (5).
   (7) Provide disaggregated scores by pupil gender and ethnicity and
provide disaggregated scores based on whether pupils are
economically disadvantaged or not.  These disaggregated scores shall
be in the same forms and formats as listed in paragraph (5).  In any
one year, the disaggregation shall entail information already being
collected by school districts, county offices of education, or
charter schools.
   (8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law.  These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section may not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
   (9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the state board and the department in the medium requested by
each entity, respectively.
   (b) It is the intent of the Legislature that the publisher work
with the superintendent and the state board in developing a
methodology to disaggregate statewide scores as required in
paragraphs (6) and (7) of subdivision (a), and in determining which
variable indicated on the STAR testing document shall serve as a
proxy for "economically disadvantaged" status pursuant to paragraph
(7).
   (c) Access to any information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section.  School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income.  This chapter does not abridge or deny rights to
confidentiality contained in the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
provisions of state and federal law that protect the confidentiality
of information collected by educational institutions.
   (d) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642, the
publisher of the standards-based achievement test provided for in
Section 60642.5, or any contractor under subdivision (f) shall comply
with all of the conditions and requirements enumerated in
subdivision (a), as applicable, to the satisfaction of the state
board.
   (e) (1) A publisher may not provide a test described in Section
60642, 60642.5, or 60650 or in subdivision (f) of Section 60640 for
use in California public schools unless the publisher enters into a
written contract with the department as set forth in this
subdivision.
   (2) The department shall develop, and the state board shall
approve, a contract to be entered into with any publisher pursuant to
paragraph (1).  The department may develop the contract through
negotiations with the publisher.
   (3) For purposes of the contracts authorized pursuant to this
subdivision, the department is exempt from the requirements of Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code and from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
   (4) The contracts shall include provisions for progress payments
to the publisher for work performed or costs incurred in the
performance of the contract.  Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided for
in each contract shall be withheld pending final completion of all
component tasks by that publisher.  The total amount withheld pending
final completion shall not exceed 10 percent of the total contract
price.
   (5) The contracts shall require liquidated damages to be paid by
the publisher in the amount of up to 10 percent of the total cost of
the contract for any component task that the publisher through its
own fault or that of its subcontractors fails to substantially
perform by the date specified in the agreement.
   (6) The contracts shall establish the process and criteria by
which the successful completion of each component task shall be
recommended by the department and approved by the state board.
   (7) The publishers shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
   (8) The contracts shall specify the following component tasks, as
applicable, that are separate and distinct:
   (A) Development of new tests or test items as required by
paragraph (2) of subdivision (a).
   (B) Test materials production or publication.
   (C) Delivery of test materials to school districts.
   (D) Test processing, scoring, and analyses.
   (E) Reporting of test results to the school districts, including,
but not limited to, all reports specified in this section.
   (F) Reporting of test results to the department, including, but
not limited to, the electronic files required pursuant to this
section.
   (G) All other analyses or reports required by the superintendent
to meet the requirements of state and federal law and set forth in
the agreement.
   (9) The contracts shall specify the specific reports and data
files, if any, that are to be provided to school districts by the
publisher and the number of copies of each report or file to be
provided.
   (10) The contracts shall specify the means by which any delivery
date for materials to each school district shall be verified by the
publisher and the school district.
   (11) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
contracts specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 3 to 11, inclusive.  Any separate agreement is not within
the scope of the contract specified in this subdivision.
   (f) The department, with approval of the state board, may enter
into a separate contract for the development or administration of any
test authorized pursuant to this part, including, but not limited
to, item development, coordination of tests, assemblage of tests or
test items, scoring, or reporting.  The liquidated damages provision
set forth in paragraph (5) of subdivision (e) shall apply to any
contract entered into pursuant to this subdivision.
   (g) This section shall become operative July 1, 2007.
  SEC. 21.  Section 60643.1 of the Education Code is amended to read:

   60643.1.  (a) (1) Commencing in the 1999-2000 school year, and
each school year thereafter, the test publisher designated by the
State Board of Education pursuant to Section 60642 shall make
available a reading list on the Internet by June 1 of that school
year.  The reading list shall include an index that correlates ranges
of pupil reading scores on the English language arts portion of the
achievement test designated pursuant to Section 60642 to titles of
materials that would be suitable for pupils in each of grades 2 to
11, inclusive, to read in order to improve their reading skills.
This reading list shall include titles of books that allow a pupil to
practice reading at his or her current reading level and that will
assist the pupil in achieving a higher level of proficiency.  To the
extent possible, the index shall also include information related to
the subject matter of each title.  At a minimum, the reading list
shall also categorize titles by subject matter and identify
age-appropriate distinctions in the list.
   (2) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, a report that provides a numerical distribution of
the reading scores of all pupils in California who took the
achievement test designated pursuant to Section 60642.
   (3) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, reading lists that can be distributed to pupils
based on a pupil's age and the ranges of scores on the English
language arts portion of the achievement test designated pursuant to
Section 60642.
   (4) The requirements of this subdivision shall only become
operative upon a determination by the Director of Finance that funds
are available to make an adjustment pursuant to subdivision (h) of
Section 60640.
   (b) The state board and the Superintendent of Public Instruction
shall jointly certify that the process used by the publisher to
determine the reading levels of the corresponding reading list
pursuant to paragraph (1) of subdivision (a) meets the following
criteria:
   (1) The process is educationally valid.
   (2) The process results in a reading list for each reading span
that provides titles at the pupil's current reading level and the
next higher level for challenging practice.

            (3) The process results in a selection from the universe
of titles from the list developed pursuant to subdivision (d) that
matches each reading level.
   (4) The process is unbiased in the selection of publishers' titles
from the legal compliance list.
   (c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a) shall, at a minimum, include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1, and the titles listed in all of the content area
reading and literature lists that are developed and published by the
department and that have been determined by the department to meet
the relevant reading level as certified pursuant to subdivision (b).

   (d) By imposing the requirements of this section on publishers, it
is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section or
of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.

  (e) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 22.  Section 60643.1 is added to the Education Code, to read:

   60643.1.  (a) (1) Commencing in the 1999-2000 school year, and
each school year thereafter, the test publisher designated by the
State Board of Education pursuant to Section 60642 shall make
available a reading list on the Internet by June 1 of that school
year.  The reading list shall include an index that correlates ranges
of pupil reading scores on the English language arts portion of the
achievement test designated pursuant to Section 60642 to titles of
materials that would be suitable for pupils in each of grades 3 to
11, inclusive, to read in order to improve their reading skills.
This reading list shall include titles of books that allow a pupil to
practice reading at his or her current reading level and that will
assist the pupil in achieving a higher level of proficiency.  To the
extent possible, the index shall also include information related to
the subject matter of each title.  At a minimum, the reading list
shall also categorize titles by subject matter and identify
age-appropriate distinctions in the list.
   (2) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, a report that provides a numerical distribution of
the reading scores of all pupils in California who took the
achievement test designated pursuant to Section 60642.
   (3) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, reading lists that can be distributed to pupils
based on a pupil's age and the ranges of scores on the English
language arts portion of the achievement test designated pursuant to
Section 60642.
   (4) The requirements of this subdivision shall only become
operative upon a determination by the Director of Finance that funds
are available to make an adjustment pursuant to subdivision (h) of
Section 60640.
   (b) The state board and the Superintendent of Public Instruction
shall jointly certify that the process used by the publisher to
determine the reading levels of the corresponding reading list
pursuant to paragraph (1) of subdivision (a) meets the following
criteria:
   (1) The process is educationally valid.
   (2) The process results in a reading list for each reading span
that provides titles at the pupil's current reading level and the
next higher level for challenging practice.
   (3) The process results in a selection from the universe of titles
from the list developed pursuant to subdivision (d) that matches
each reading level.
   (4) The process is unbiased in the selection of publishers' titles
from the legal compliance list.
   (c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a) shall, at a minimum, include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1, and the titles listed in all of the content area
reading and literature lists that are developed and published by the
department and that have been determined by the department to meet
the relevant reading level as certified pursuant to subdivision (b).

   (d) By imposing the requirements of this section on publishers, it
is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section or
of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.

   (e) This section shall become operative July 1, 2007.
  SEC. 23.  Section 60644 of the Education Code is amended to read:
   60644.  In designating an achievement test pursuant to Section
60642, the state board shall adopt only a nationally normed test that
meets nationally recognized criteria for validity and reliability
and shall consider each of the following criteria:
   (a) Ability of the publisher to produce valid, reliable individual
pupil scores.
   (b) Quality and age of empirical data supporting national norm
referenced data analysis of the proposed assessment.
   (c) Ability to report results pursuant to the provisions of
paragraphs (4) to (7), inclusive, of subdivision (a) of Section 60643
by August 8.
   (d) Ability to report results that permit comparability between
data from school districts' previous administration of standardized
achievement tests, if feasible.
   (e) Per-pupil cost estimates of administering the proposed
assessment.
   (f) The publisher's procedure for ensuring the security and
integrity of test questions and materials.
   (g) Experience in the successful conduct of testing programs
adopted and administered by other states.  For experience to be
considered, the number of grades and pupils tested shall be provided.

  SEC. 24.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.