BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 391
                                                                  Page  1

          Date of Hearing:   January 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair


                 AB 391 (Torlakson) - As Amended:  January 15, 2010 

          Policy Committee:                              Education  
          Vote:7-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Superintendent of Public Instruction  
          (SPI), on or before April 1, 2011, to contract with an  
          independent evaluator for the evaluation of the Standardized  
          Testing and Reporting (STAR) program.  Specifically, this bill:   


          1)Requires the evaluation to be a meta-analysis of existing  
            information and data from the STAR program, including, but not  
            limited to, a report on the results of prior analysis  
            regarding alignment between the STAR assessments and content  
            standards, as specified.

          2)Requires the evaluation report to include specific  
            recommendations including the following: improving the  
            quality, validity, reliability of the examinations for both  
            groups and individuals; improving the usefulness of the test  
            to the state, local education agencies, schools, teachers,  
            pupils, and parents; and revising the STAR program to provide  
            pupil level diagnostic information, as specified.  

          3)Requires the SPI to provide the evaluation to the Legislature,  
            the governor, and the State Board of Education (SBE) on or  
            before November 1, 2011.  

          4)Requires the Public Schools Accountability Act (PSAA) advisory  
            committee to advise the SPI on the independent evaluation, as  
            specified.  This measure also requires the SPI to appoint four  
            additional members who have expertise in large-scale  
            assessment and who will serve only for the purposes of the  








                                                                  AB 391
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            evaluation.  

           FISCAL EFFECT  

          1)GF/98 or federal fund cost pressure, likely between $250,000  
            and $500,000, to the SDE to contract for an independent  
            evaluation of the STAR program, as specified.  This bill  
            requires the State Department of Education (SDE) to use  
            federal Title VI funds under the No Child Left Behind Act of  
            2001 (NCLB) for this purpose and prohibits the cost from  
            exceeding $150,000.  It is likely, however, that the cost of  
            an independent contractor and the required content set forth  
            in this measure will increase the cost of the evaluation.  

          2)The 2009 Budget Act allocates a total of $24 million Title VI  
            NCLB funds for state assessment programs, including $4 million  
            for the STAR program.  

          3)The 2009 Budget Act allocates a total of $45.6 million for the  
            assessment system, including $40.2 million GF/98 and $5.4  
            million in federal assessment funding.

           COMMENTS  

           1)Purpose .  The STAR program, established by Chapter 828,  
            Statutes of 1997 (SB 376, Alpert), reauthorized by SB 80  
            (Committee on Budget), Chapter 174, Statute of 2007, consists  
            of three elements: (a) the California Standards Tests (CST);  
            (c) the Spanish Assessment of Basic Education primary language  
            test, and (d) the California Alternative Performance  
            Assessment for special education pupils. Under the STAR  
            program, the state requires schools to test all students in  
            grades 2 to 11 in English language arts (ELA) and mathematics  
            using a CST. However, only specified grades are assessed in  
            history/social and science.

             Many individuals contend the STAR program should be  
            independently evaluated for reliability, validity, and its  
            ability to measure both individual and group academic  
            achievement.  Even though the program has been reauthorized  
            twice, it has never been formally evaluated.  Whereas, the  
            California High School Exit Exam is independently evaluated on  
            a regular basis.  This bill requires the SPI to contract for  
            an independent evaluation of the STAR program.  









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           2)Related legislation  .  

             a)   SB 1 X5 (Steinberg), Chapter 2, Statutes of 2010,  
               extends the sunset of the STAR program by two years until  
               July 1, 2013.  

             b)   AB 8 X5 (Brownley), pending in the Senate Education  
               Committee, required the SPI to make specified  
               recommendations regarding the STAR program, including  
               recommendations specified in this measure.  

           3)Previous legislation  .  AB 476 (Torlakson), similar to this  
            measure, was vetoed by the governor in October 2009, with the  
            following message: 

            "The objectives of this bill are duplicative of work already  
            being done by a variety of sources. Not only have there been  
            reviews of California's standards and assessment system by the  
            United States Department of Education's peer review process,  
            the SDE has a process which has included an independent  
            alignment study and review of test items by various content  
            and test development experts. Finally, this bill circumvents  
            the SBE in the selection of the independent evaluator and  
            approving the evaluation and its recommendations." 


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081