BILL ANALYSIS                                                                                                                                                                                                    



          
           AB 391
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 391 (Torlakson)
          As Amended  June 30, 2010
          Majority vote
           
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          |ASSEMBLY:  |44-27|(January 27,    |SENATE: |23-12|(August 23,    |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    ED.  

           SUMMARY  :  Requires the Superintendent of Public Instruction  
          (SPI) to contract for a one-time independent evaluation of the  
          Standardized Testing and Reporting (STAR) Program to be  
          completed on or before November 1, 2011, specifies that the  
          California Department of Education (CDE) use federal funds for  
          this evaluation, and requires that these provisions become  
          operative only if an appropriation is provided for this purpose  
          by the Legislature.  Also 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.

           The Senate amendments  are technical in nature and make no  
          substantive change to the bill.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, based on recent evaluations, the cost of this bill is  
          likely to be at least $250,000 and likely closer to $500,000.   
          The Committee also notes that the bill also requires the use of  
          federal funds, but all of the relevant funds appear to be  
          subscribed, which means this evaluation would require the use of  
          General Fund.

           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  








          
           AB 391
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          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.   
          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 and on results from the high school exit  
          examination.  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.  The CDE is required to us  
          federal funds for the purpose of contracting for this  
          evaluation, and the provisions of the bill become operative only  








          
           AB 391
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          if an appropriation is provided for this purpose in the Budget  
          Act or other statute.

          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  
          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 


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