BILL ANALYSIS AB 1435 Page 1 GOVERNOR'S VETO AB 1435 (V. Manuel Perez) As Amended April 29, 2009 2/3 vote EDUCATION 10-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Brownley, Nestande, |Ayes:|De Leon, Nielsen, | | |Ammiano, Arambula, | |Ammiano, | | |Carter, Eng, Garrick, | |Charles Calderon, Davis, | | |Miller, Solorio, | |Duvall, Fuentes, Hall, | | |Torlakson | |Harkey, Miller, | | | | |John A. Perez, Price, | | | | |Skinner, Solorio, Audra | | | | |Strickland, Torlakson, | | | | |Krekorian | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- ASSEMBLY: 79-0 (June 1, 2009) SENATE: 40-0 (September 4, 2009) SUMMARY : Requires 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 by July 1, 2010, regarding the inclusion of English language development test results and English learner (EL) proficiency as part of the API; also requires the SPI, with the approval of the State Board of Education (SBE), to include these test results and EL proficiency levels and growth in the API. 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. AB 1435 Page 2 2)Requires the SPI to establish an advisory committee to provide advice on all appropriate matters relative to the creation of the API, and 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. 3)Establishes the Standardized Testing and Reporting (STAR) Program to test academic skills in grades 2-11, and to report individual and aggregate results. 4)Requires, under both state and federal law, that school districts administer a test of English language proficiency, adopted for the state, to each newly enrolled student in the state's public schools, if the primary language of those students is other than English; also requires an annual re-administration of that test to all EL students; also establishes the English language development test to assess English language proficiency by testing listening and speaking for EL students in grades K-1, and listening, speaking, reading and writing for EL students in grades 2-12; the California English Language Development Test (CELDT) is the test adopted to meet the state and federal requirements specified above. FISCAL EFFECT : According to the Assembly Appropriations Committee, General Fund Proposition 98 costs of approximately $200,000 to the California Department of Education (CDE) to include the CELDT results in the API. 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 to include a variety of indicators in that measure, including, but not limited to, achievement test results, attendance rates, and graduation rates. Currently only achievement test results are AB 1435 Page 3 incorporated into the API, and the API is configured to produce scores measuring a school's static performance at each grade level, in each content area, in each year, at one point in time. In addition, the SPI produces a comparison of static (API) performance from one year to the next. According to the author, "AB 1435 would create a process and mechanism by which to include the CELDT result in the API; providing English learners and their parents, teachers, schools and school districts a real opportunity to demonstrate achievements in English language acquisition and proficiency." The CDE reports that nearly 25% or 1.6 million of the state's public school pupils in grades K-12 are EL students. Current law requires schools to assess the English proficiency of all pupils whose primary language is not English. The CELDT is the required state test for English language proficiency; the CELDT must be administered to pupils whose primary language is not English. The CELDT is used for three purposes: (1) to identify new students who are English learners in kindergarten through grade twelve; (2) to determine the level of English-language proficiency; and (3) to annually assess EL students' progress in learning English until they are reclassified. English learners in grades 2-12 are administered the CELDT in the four domains of speaking, listening, reading and writing. English learners in grades K - 1 are currently assessed in English listening and speaking; there are plans to also assess early literacy skills in the near future. SB 1 X1 (Alpert), Chapter 3, Statutes of 1999-2000 First Extraordinary Session, established the states accountability system by mandating that the SPI, with the approval of the SBE "develop an Academic Performance Index, to be used to measure performance of schools?" According to the author, "our public schools are working hard to ensure that our 1.5 million English learners statewide receive the appropriate assessments, tools, resources and services to achieve English language proficiency; thereby allowing them to participate fully in the American Dream of economic and social advancement." To the extent that public schools are working to provide English language skills to EL students and this work fits into the purpose of a public school AB 1435 Page 4 in California, then the performance of those schools, as reflected in the API, should in part be measured by how well those English skills are acquired. English language acquisition in California is measured by the CELDT. 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 that have been introduced in the Assembly in 2009. 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, made changes in the calculation of and in the process for revising the API. AB 2167 (Arambula), Chapter 743, Statutes of 2006, established a specific methodology for including graduation rates, as previously required, in the API; also required the SPI to report annually to the Legislature on graduation and dropout rates in the state. SB 1 X1 (Alpert), Chapter 3, Statutes of 1999-2000 First Extraordinary Session, known as the Public Schools Accountability Act (PSAA), authorized the state's current accountability program, including establishment of the PSAA Advisory Committee and development of the API. AB 748 (Escutia), Chapter 936, Statutes of 1997, required the Superintendent of Public Instruction to develop an English language development test by January 1, 1999. GOVERNOR'S VETO MESSAGE : "The Public School Accountability Act advisory committee and the Superintendent of Public Instruction already have the authority to make the recommendations specified in this bill. Therefore, this bill is unnecessary. Furthermore, the California English Language Development Test would have to be substantially revised from its current form as a diagnostic test to be a valid and reliable academic achievement test before it should be AB 1435 Page 5 considered for inclusion in the Academic Performance Index." Analysis Prepared by : Gerald Shelton / ED. / (916) 319-2087 FN: 0003382