BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 391
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          ASSEMBLY THIRD READING
          AB 391 (Torlakson)
          As Amended  January 25, 2010
          Majority vote 

           EDUCATION           7-3         APPROPRIATIONS      12-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Brownley, Ammiano,        |Ayes:|De Leon, Ammiano,         |
          |     |Arambula, Buchanan, Eng,  |     |Bradford, Charles         |
          |     |Solorio, Torlakson        |     |Calderon, Coto, Davis,    |
          |     |                          |     |Fuentes, Hall, John A.    |
          |     |                          |     |Perez, Skinner, Solorio,  |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Nestande, Garrick, Miller |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires a one-time independent evaluation of the  
          Standardized Testing and Reporting (STAR) Program.   
          Specifically,  this bill  :  

          1)Requires the Superintendent of Public Instruction (SPI), on or  
            before April 1, 2011, to contract for an independent  
            evaluation of the STAR Program, and requires the evaluation  
            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 a diagnostic, formative, interim  
               assessment or program evaluation tool; and the feasibility  
               of alternative diagnostic testing in new grade levels or  








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               content areas;

             c)   Make recommendations for improvements and revisions in  
               examinations and processes in the program, including  
               recommendations for improving the technical characteristics  
               of the tests for groups and individuals, including pupils  
               with disabilities and English learners; 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;  
               improving the alignment to any new content standards and  
               transitioning to the new assessment system; using or  
               developing diagnostic information on assessments;  
               decreasing turn-around time for test results and testing  
               time; providing formative and interim assessments to better  
               inform instruction; assessing a pupil's understanding and  
               skill in the area of technology; ensuring that no bias is  
               created by the tests; and developing recommendations  
               regarding alternatives to the current testing format to  
               allow for multiple item types and 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.

          2)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.

          3)Specifies that the California Department of Education (CDE)  
            use federal funds for this evaluation, and requires that the  
            provisions relating to the STAR evaluation become operative  
            only if an appropriation is provided for this purpose by the  
            Legislature.

          4)Adds "formative assessment," "high-quality assessment," and  
            "interim assessment" to the assessment terms defined in  
            statute.








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           EXISTING LAW  requires, as part of the STAR Program, each charter  
          school, school district and county office of education to  
          administer designated achievement tests to each pupil in grades  
          2 through 11, inclusive, and the SPI and the SBE to undertake  
          activities in support of the program.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, General Fund/Proposition 98 or federal fund cost  
          pressure, likely between $250,000 and $500,000, to the CDE to  
          contract for an independent evaluation of the STAR program; the  
          Committee also notes that this bill requires the CDE to use  
          federal funds for this purpose, and that 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  :  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  
          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.   








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          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.  Many elements of the STAR Program are used by  
          California to meet federal assessment and accountability  
          requirements. 

          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 in the next legislative session, the Legislature's  
          need for an evaluation of the program is clear; the findings and  
          recommendations made by this evaluation will position the  
          Legislature to more efficiently use the state's resources to  
          design and support the reauthorized state testing program.  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 CDE 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  
          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  








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          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.


           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087 


                                                               FN:  0003597