BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 391
                                                                  Page  1

          Date of Hearing:   January 13, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                  AB 391 (Torlakson) - As Amended:  January 5, 2010
           
          SUBJECT  :   Pupil assessment: STAR Program

           SUMMARY  :  Requires a one-time independent evaluation of the  
          Standardized Testing and Reporting (STAR) Program, and extends  
          the program's sunset by one year. Specifically,  this bill  :  

          1)Amends the dates on which the STAR Program becomes inoperative  
            and is repealed, in order to extend state testing one  
            additional year through 2011-12.

          2)Requires the Superintendent of Public Instruction (SPI), on or  
            before April 1, 2011, to contract for an independent  
            evaluation of the STAR Program that is required to:

             a)   Be based upon information gathered in field testing and  
               annual administrations of the assessments, all existing  
               reports and other studies of STAR, state and federal  
               requirements, a review of research-based alternative  
               assessment models, and a review of existing and emerging  
               practices in large-scale assessment from across the nation;

             b)   Include, but not be limited to, the STAR Program's  
               alignment to statewide content standards and the tests'  
               content validity, the standards' grade level  
               continuity/vertical articulation and the longitudinal  
               validity of the tests across grade levels, the use of  
               content standards from other core curriculum areas for test  
               items, pupil performance, compliance with testing  
               standards, usefulness as diagnostic or evaluative tools,  
               and the feasibility of alternative diagnostic testing in  
               new grade levels or content areas;

             c)   Make recommendations for improvements and revisions in  
               examinations and processes in the program, including  
               recommendations for improving grade level continuity and  
               vertical alignment in the tests, improving the ability to  
               produce scores that are longitudinally comparable,  
               increasing the integration of content from other core  
               curriculum areas into test items, using or developing  








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               diagnostic information on assessments, and developing  
               recommendations regarding alternatives to the current  
               testing format to allow the greatest aggregate base for  
               assessing district-wide performance on content standards;  
               and,

             d)   Be provided by the SPI to the Legislature, Governor and  
               State Board of Education (SBE) on or before November 1,  
               2011.

          3)Requires the advisory committee advising the SPI on matters  
            involving the Academic Performance Index to advise the SPI, as  
            specified, on the evaluation of the STAR Program, and requires  
            the SPI to appoint four additional members, educators or  
            large-scale assessment experts, to the advisory committee for  
            the purposes advising the SPI on the evaluation.

          4)Specifies that federal funds made available under Title VI  
            pursuant to the No Child Left Behind Act of 2001 (NCLB), not  
            to exceed $150,000, be used for this evaluation.

           EXISTING LAW  :

          1)Requires each charter school, school district, and county  
            office of education to administer designated achievement tests  
            to each pupil in grades 2 through 11, inclusive, as part of  
            the STAR Program until July 1, 2011.

          2)Requires the SPI and the SBE to undertake activities in  
            support of STAR testing in grades 2 through 11, inclusive, as  
            part of the STAR Program until July 1, 2011.

          3)Repeals the statute authorizing the STAR Program, the state's  
            content and performance standards, and other related elements  
            as of January 1, 2012.

           FISCAL EFFECT  :   Federal fund costs, capped at $150,000, for the  
          STAR Program evaluation.

           COMMENTS  :   California's state assessment program is comprised  
          of three major testing components, the STAR Program, the English  
          language development test (the California English Language  
          Development Test, CELDT, is the adopted test), and a high school  
          exit examination (the California High School Exit Examination,  
          CAHSEE, is currently the designated test).  The program also  








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          includes a number of smaller, more specialized assessments.

          The STAR Program, initially authorized in 1997, requires testing  
          of students in English language arts, mathematics, science and  
          history/social science at specified grade levels.  In 2003, the  
          California Standards Tests (CST) replaced a nationally published  
          "off the shelf" test as the primary battery of STAR tests; the  
          CST include only questions written specifically for California's  
          content standards.  Today, the STAR Program includes the CSTs,  
          the California Alternate Performance Assessment (CAPA)  
          administered to students with significant cognitive  
          disabilities, the California Modified Assessment (CMA)  
          administered to students whose disabilities preclude them from  
          achieving grade-level proficiency on an assessment of the  
          California content standards with or without testing  
          accommodations, and a national norm-referenced test in Spanish  
          that is administered to Spanish speaking English learners who  
          have been in school in the U.S. less than 12 months or who are  
          receiving instruction in Spanish.  Neither the high school exit  
          exam nor the English language development test are components of  
          the STAR Program; each is separately authorized in statute.   
          Results for STAR tests are reported for the individual pupil,  
          but no accountability attaches to these individual results; the  
          state and federal accountability systems are primarily based on  
          the aggregated STAR test scores from all pupils in a school or  
          school district.  The following table summarizes the STAR  
          Program.

           --------------------------------------------------------------- 
          |           |         Assessment         | Grade Level Tested   |
          |-----------+----------------------------+----------------------|
          |STAR       |English Language Arts       |         2-11         |
          |Program    |(Reading)                   |                      |
          |-----------+----------------------------+----------------------|
          |           |English Language Arts       |         2-11         |
          |           |(Reading) CAPA              |                      |
          |-----------+----------------------------+----------------------|
          |           |English Language Arts       |         3-11         |
          |           |(Reading) CMA               |                      |
          |-----------+----------------------------+----------------------|
          |           |Mathematics                 |2-8 and EOC in grades |
          |           |                            |        9-11          |
          |-----------+----------------------------+----------------------|
          |           |Mathematics CAPA            |         2-11         |
          |-----------+----------------------------+----------------------|








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          |           |Mathematics CMA             |         3-11         |
          |-----------+----------------------------+----------------------|
          |           |Science                     |   5, 8, and EOC in   |
          |           |                            |     grades 9-11      |
          |-----------+----------------------------+----------------------|
          |           |History-Social Science      |         8-11         |
          |-----------+----------------------------+----------------------|
          |           |Primary Language Assessment |2 -11                 |
          |           |(Spanish)                   |                      |
           --------------------------------------------------------------- 
          EOC = End-of-course exam

          Many elements of the STAR Program are used by California to meet  
          the assessment and accountability requirements of NCLB. NCLB  
          requires each state to administer a standards-aligned  
          achievement test in reading and mathematics to all students in  
          grades 3-8 and grade 10; it also requires science testing in  
          grades 5, 8, and 10.

          This bill requires an independent evaluation of the STAR  
          Program, and its effectiveness in measuring student progress on  
          California's academic standards, as well as in meeting the  
          requirements and needs of the state and federal accountability  
          systems.  This evaluation would also examine the feasibility and  
          cost of a state-wide diagnostic testing model, to serve as both  
          a classroom-focused diagnostic tool and a state-wide data  
          tracking measure. This independent evaluation would inform the  
          STAR reauthorization discussion.

          Given the impending sunset and potential reauthorization of the  
          STAR Program, the Legislature's need for an evaluation of the  
          program is clear.  The STAR Program has tested millions of  
          students in multiple content areas annually for twelve years;  
          however, no independent evaluation has been required or  
          completed.  A technical report on the test is completed annually  
          by the testing contractor responsible for administration,  
          scoring, and reporting the test and results, but the  
          independence of contractors has been called into question by the  
          California Department of Education and the SBE over the lifetime  
          of the program.  A report by the SPI and SBE regarding the  
          status of implementation of the STAR Program was required and  
          provided in 2001; an annual report of test scores from the SPI  
          to the Legislature and SBE is also required.  Neither the annual  
          technical reports nor any of the SPI/SBE reports were completed  
          by an independent entity, and none of those reports examine all  








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          of the issues that the Legislature should examine prior to the  
          reauthorization of the STAR Program.

          By contrast California's high school exit examination,  
          authorized in 1999 and first administered in 2001, has had an  
          ongoing independent evaluator that has issued both annual and  
          biennial evaluative reports since 2001.  These evaluations are  
          contracted for separately from the contract issued to the vendor  
          or vendors responsible for the administration, development or  
          any other facet of the test, and have been conducted by a firm  
          and staff with backgrounds in measurement, and specializing in  
          research and program evaluation.

          During this period of economic and budgetary crisis, imposing  
          the requirement of a new one-time evaluation and the cost that  
          it creates will be difficult for the Legislature to consider.   
          However, since the cost of implementing a one-time evaluation of  
          the STAR Program is minimal and constrained to be not more than  
          $150,000 in federal funds that are required to be expended on  
          assessment-related activities, this cost will likely be offset  
          by future savings generated by the evaluation's findings; those  
          findings will position the Legislature to more efficiently use  
          the state's resources to design and support the reauthorized  
          state testing program.

           Committee amendments :  Committee staff recommends, and the  
          author has accepted, amendments to:

          1)Delete the proposal to extend the sunset of the STAR Program  
            by an additional year.  This extension would allow the state  
            time to redesign the state testing program to incorporate  
            common assessments developed by interstate collaborative  
            efforts and to meet the definition of high-quality  
            assessments, both of which are requirements of the federal  
            Race to the Top program, and would also allow the state to  
            adapt to any additional federal requirements created as part  
            of the reauthorization of the federal Elementary and Secondary  
            Education Act (ESEA).  However, a two year extension of this  
            sunset was enacted as part of SBX5 1 (Steinberg), Chapter 2,  
            Statutes of the 2009-10 Fifth Extraordinary Session, which was  
            signed by the Governor on January 7, 2010; the provisions of  
            SBX5 1 will become law on the 91st day following adjournment  
            of the 2009-10 Fifth Extraordinary Session.

          2)Add "formative assessment," "high-quality assessment," and  








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            "interim assessment" to the assessment terms defined in  
            statute.

          3)Make clarifying amendments as to the parameters of the  
            independent evaluation and the issues upon which the evaluator  
            is required to make findings.

           Related and previous legislation  :  SBX5 1 (Steinberg), Chapter  
          2, Statutes of 2009-10 Fifth Extraordinary Session, makes  
          comprehensive changes to the Education Code consistent with the  
          requirements of the federal Race to the Top program, including  
          moving the dates on which the STAR Program becomes inoperative  
          and is repealed in order to extend state testing by two  
          additional years through 2012-13.  AB 476 (Torlakson), vetoed in  
          2009, would have required a one-time independent evaluation of  
          the Standardized Testing and Reporting (STAR) Program.  SB 1448  
          (Alpert), Chapter 233, Statutes of 2004, reauthorizes the STAR  
          Program.  SB 376 (Alpert), Chapter 828, Statutes of 1997,  
          establishes the STAR Program and authorizes testing in grades 2  
          through 11.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Science Teachers Association

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087