BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1130
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          ASSEMBLY THIRD READING
          AB 1130 (Solorio)
          As Amended  April 22, 2009
          Majority vote 

           EDUCATION           11-0                                        
           
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          |Ayes:|Brownley, Nestande,       |     |                          |
          |     |Ammiano, Arambula,        |     |                          |
          |     |Buchanan, Carter, Eng,    |     |                          |
          |     |Garrick, Miller, Solorio, |     |                          |
          |     |Torlakson                 |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  States legislative intent regarding the examination of  
          methods for making and reporting comparisons of school and  
          district academic achievement over time based on a cohort growth  
          measure.  Specifically,  this bill  :  

          1)Makes findings and declarations regarding California's  
            accountability system and the benefits of incorporating a  
            cohort growth measure into that system.

          2)States legislative intent that the advisory committee advising  
            the Superintendent of Public Instruction (SPI) on matters  
            related to the academic performance index (API), to make  
            recommendations to the SPI and the State Board of Education  
            (SBE) concerning establishment of a methodology for measuring  
            academic achievement by cohort to more accurately measure  
            academic growth for schools and districts by providing the  
            ability to determine both achievement and growth toward  
            proficiency.

          3)States the intent of the Legislature that the advisory  
            committee take into consideration the pilot study conducted  
            pursuant to provision 10 of Item 6110-113-0890 of Section 2.00  
            of the Budget Act of 2007, federal statute and regulation  
            associated with the Elementary and Secondary Education Act  
            (the current reauthorization of which is known as NCLB)  
            accountability waivers granted by the United States Secretary  
            of Education, and measures in use in other states that reflect  
            student, subgroup, school and district growth.









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          4)Requires that any measure of academic growth must be in the  
            public domain and meet specified statistical standards, if it  
            is implemented by the SPI after being approved by the SBE,  
            adopted by the state educational agency for the purposes of  
            federal education programs (i.e., the SBE) as part of any plan  
            or waiver request submitted to the federal government under  
            the Elementary and Secondary Education Act (currently NCLB),  
            or adopted by the state as part of any other plan required for  
            receipt or allocation of federal funds.

           EXISTING LAW  :

          1)Requires the SPI, with the approval of the SBE, to develop and  
            implement the API to measure the performance of schools, and  
            to include a variety of indicators, including achievement test  
            results, attendance rates, and graduation rates in that  
            measure, and requires the SPI to establish an advisory  
            committee to provide advice on all appropriate matters  
            relative to the creation of the API.

          2)Directs the advisory committee by July 1, 2005, to make  
            recommendations to the SPI on the appropriateness and  
            feasibility of a methodology for generating a measurement of  
            academic performance by using unique pupil identifiers and  
            annual academic achievement growth to provide a more accurate  
            measure of a school's growth over time.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The SPI established, pursuant to SB 1 X1 (Alpert),  
          Chapter 3, Statutes of 1999-2000 First Extraordinary Session, an  
          advisory committee to advise the SPI and the SBE on all  
          appropriate matters relative to the creation of the API.  SB 1  
          X1 also requires the SPI, with the approval of the SBE, to  
          develop the API to measure the performance of schools and  
          districts.  Currently only achievement test results are  
          incorporated into the API, and the API is configured to produce  
          scores measuring a school's performance at each grade level and  
          content area at one point in time.  In addition, the SPI also  
          produces a "Growth API" that compares this static performance  
          from one year to the next.  This growth API, however, does not  
          measure growth for a specific group of students and is not based  
          on information for individual pupils; in other words that  
          measure may only be reflecting the differences in two cohorts of  








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          pupils who were in one grade level in two different years,  
          rather than actual growth for a fixed set of students over time.

          There is a broad spectrum of methodologies that could be  
          employed to either eliminate or work around this problem.  On  
          one end of that spectrum might be a full vertical scaling  
          effort, which would allow a student's growth to be tracked as  
          the student moves up the score scale that runs from the lowest  
          grade level up through the highest scores at the highest grade  
          level and which would reflect a progression through the content.  
          Since the API is an aggregation of STAR test scores, vertical  
          scaling of the test scores would eliminate most of the problems  
          associated with using the API to compare school and district  
          performance across time.  At the other end of the spectrum might  
          be approaches that rely on statistical procedures to estimate or  
          project what score, on the average, should be achieved in a  
          given year based on the previous year's score or other  
          information.  In this way a student's or school's actual score  
          can be compared to the projected score, and a judgment could be  
          made about whether the student or school grew at a greater or  
          lesser rate than the average.  There are many other approaches  
          and methodologies that could be employed to allow comparisons  
          over time.  The trade-off among these procedures is generally  
          between the increased validity and accuracy of the results, and  
          the cost and time involved in implementing that approach.  At  
          the two ends of the spectrum, a vertical scaling process would  
          be the most involved of the approaches, while direct statistical  
          mediations would be less costly and faster; on the other hand  
          statistical mediation does not solve the underlying problems and  
          would suffer from greater issues with validity.

          This bill proposes to state legislative intent to focus the  
          advisory committee on cohort growth, or the growth of aggregate  
          scores for a group of pupils across grade levels.  According to  
          the bill's sponsor, this approach would produce estimates or  
          projected aggregate scores that would be used to determine  
          whether actual aggregate growth was occurring at, above, or  
          below some desired trajectory.  In other words this bill appears  
          to propose a direct statistical mediation of the aggregate  
          accountability (API) measure based on a cohort analysis.  It is  
          not clear whether this approach would be used to generate  
          individual pupil scores that would be comparable over time.

          There are two concerns with this bill.  The first concern stems  








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          from the lack of any specified timeline.  Since there are no  
          deadlines, time references or time-related conditions that bear  
          on the delivery of the recommendations from the advisory  
          committee nor on the implementation of those recommendations by  
          the SPI, the SBE, or the "state" - all of which are parties that  
          are seen by this bill as being authorized to trigger  
          implementation of the recommendations - there is no guarantee  
          that the recommendations are made by the advisory committee or  
          that those recommendations, if made, are implemented.  The  
          second concern is also associated with implementation of the  
          recommendations.  The bill does not require the advisory  
          committee recommendations to be implemented, but does refer to  
          the recommendations being implemented in any one of three ways:   
          a) by the SPI after being approved by the SBE (current law); b)  
          by the state educational agency designated for the purposes of  
          federal education programs (i.e., the SBE) as part of any plan  
          or waiver request submitted to the federal government under NCLB  
          or subsequent legislation replacing it; or, c) by the state as  
          part of any other plan required for receipt or allocation of  
          federal funds.  This ambiguity in specifying how and by whom the  
          changes envisioned in this bill would be implemented, does not  
          match the importance or the magnitude of these changes. Making a  
          change in how we measure progress of both students and schools  
          potentially has significant impacts on individual students,  
          schools and school districts in terms both the state and the  
          federal accountability system, as well as in overall school  
          reform; a change of this significance should have the  
          involvement of the Legislature and the Governor.

          Provision 10 of Item 6110-113-0890 of section 2.00 of the Budget  
          Act of 2007 required a study of academic growth measures to  
          evaluate multiple approaches for measuring individual pupil  
          annual growth on the state standards.  The study examined five  
          approaches to measuring growth, including vertical scaling and  
          different statistical mediations.  The study recommended that  
          the state proceed with a regression based approach, consider the  
          development of vertical scales, and not pursue certain specific  
          statistical approaches; the study also provided caveats about  
          the problems involved in these approaches, the possibility of  
          misunderstanding or misinterpretation of the resulting  
          comparisons, and the unintended consequences that could occur  
          with the release of growth information to students and parents.   
          Problems with misuse and misinterpretation, as well as  
          unintended consequences, present serious threats to the validity  








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          of any approach used to produce measures of student or aggregate  
          achievement.  This bill requires that the results of any adopted  
          or implemented growth model be in the public domain, be  
          replicable, and meet specified statistical standards related to  
          the accuracy (i.e., reliability) of the measure; the bill does  
          not have a similar standard with respect to the validity of the  
          measure or its uses.

          Related and previous legislation: This bill is one of four bills  
          that propose changes to the state's accountability system,  
          specifically to the API measure, and are pending in the  
          Assembly.  Those four bills are AB 173 (Price), AB 429  
          (Brownley), AB 1130 (Solorio), and AB 1435 (V. Manuel Perez).   
          AB 2776 (Mullin), held in the Senate Appropriations Committee in  
          2008, would have required examination of the collection of  
          individual student data, the state's emerging data systems, the  
          possibility of making real comparisons of student performance  
          over time, and the long-term availability of assessment data  
          related to the acquisition of English language by English  
          learners with respect to making potential improvements in the  
          API.  SB 219 (Steinberg), Chapter 731, Statutes of 2007, makes  
          changes in the calculation of and in the process for revising  
          the API.  SB 257 (Alpert), Chapter 782, Statutes of 2003,  
          requires the advisory committee established to advise the SPI on  
          the API to make recommendations to the SPI on a methodology for  
          generating a "gain" score measurement to provide more accurate  
          measure of a school's growth over time.  SB 1 X1 (Alpert),  
          Chapter 3, Statutes of 1999-2000 First Extraordinary Session,  
          known as the Public Schools Accountability Act (PSAA),  
          authorizes the state's current accountability program, including  
          establishment of the PSAA Advisory Committee and development of  
          the API.
           

          Analysis Prepared by  :    Gerald Shelton / ED. / (916)  
          319-2087FN: 0000530