BILL NUMBER: AB 250 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2011
INTRODUCED BY Assembly Member Brownley
FEBRUARY 3, 2011
An act to amend Sections 60204 and 60601
60200, 60203, 60204, 60601, 60603, 60604, 60604.5, 60605 .
6, 60640, 60642.5, and 60643 of, to add Sections
60200.8, 60207, 60208, and 60640.1 to, and to repeal
Section 60200.1 Sections 60200.1 and 60643.1
of, the Education Code, relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 250, as amended, Brownley. Instructional materials.
materials: pupil assessment.
(1) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive, for governing boards and authorizes the state
board to establish criteria for that purpose. Existing law sets
forth a schedule for the submission of instructional materials to
the state board for adoption. Notwithstanding this schedule, existing
law prohibits the state board from adopting instructional materials
or following the procedures related to that adoption until the
2013-14 school year.
This bill would delete the schedule for submission of
instructional materials for foreign languages and health and the
exception to the requirement that criteria for the evaluation of
instruction be approved when curriculum frameworks are approved or at
least 30 months before the date that the materials are to be
approved for adoption. The bill would require that materials
for mathematics be submitted for adoption in 2014, and for English
language arts in 2016.
(2) Existing law establishes the Academic Content Standards
Commission and requires the commission to develop internationally
benchmarked academic content standards, at least 85% of which are
required to be the common core academic standards developed by the
Common Core State Standards Initiative Consortium
consortium or another specified interstate collaboration.
Existing law requires the state board by August 2, 2010, to either
adopt the standards proposed by the commission or reject them.
This bill would require the state board to adopt revised
curriculum frameworks and evaluation criteria that are aligned to the
common core academic content standards developed by the consortium
and adopted by the board for mathematics and English
language arts no later than December 31, 2012
May 30, 2013 , and March 1, 2013 May
30, 2014 , respectively. The bill would require state board
policies to ensure that curriculum frameworks for kindergarten and
grades 1 to 12, inclusive, and instructional materials for
kindergarten and grades 1 to 8, inclusive, include the English
language development standards as adopted by the state board in 1997
and revised thereafter, and English language development strategies
in the four core subjects of mathematics, science, history-social
science, and English language arts. The bill also would require state
board policies to ensure that curriculum frameworks for kindergarten
and grades 1 to 12, inclusive, and instructional materials for
kindergarten and grades 1 to 8, inclusive, include strategies to
address the needs of pupils with disabilities in the four core
subjects of mathematics, science, history-social science, and English
language arts. The bill would require the curriculum frameworks
to describe the manner in which content can be delivered to
intentionally build pupil creativity, innovation, critical thinking,
problem solving, collaboration, and communication into and across
each content area.
(3) Existing law requires the Curriculum Development and
Supplemental Materials Commission to recommend curriculum frameworks
for adoption by the state board, develop criteria for evaluating
instructional materials, study and evaluate instructional materials
submitted for adoption, recommend to the state board instructional
materials that it approves for adoption, and review specified
educational films or video recordings.
This bill would delete the requirement that the commission study
and evaluate instructional materials, recommend instructional
materials, and review specified educational films or video
recordings. The bill would require the criteria developed for
evaluating instructional materials to include directions to
publishers to align the materials with English language development
standards and incorporate strategies to address the needs of English
learners and pupils with disabilities.
The bill would state the intent of the Legislature to provide to
local educational agencies a process by which they may identify,
evaluate, and recommend instructional materials for adoption to the
state board, ensure that school districts are provided with as many
standards-aligned instructional material options as possible, and
offer opportunities for professional development training to
teachers to support the transition to and implementation of the
common core academic content standards adopted by the state board
direct the Superintendent of Public Instruction, in
consultation with teachers and county offices of education, to
develop professional development modules and to develop criteria to
guide the development of those modules .
The bill would authorize the Superintendent and school districts
to recommend to the state board instructional materials for its
adoption and would require the state board to adopt procedures for
the review of those instructional materials by the Superintendent and
school districts.
(4) Existing law, the Leroy Greene California Assessment of
Academic Achievement Act (hereafter the Greene Act), requires the
Superintendent to design and implement a statewide pupil assessment
program, and requires school districts, charter schools, and county
offices of education to administer to each of its pupils in grades 2
to 11, inclusive, certain achievement tests, including a
standards-based achievement test pursuant to the Standardized Testing
and Reporting (STAR) Program.
This bill would eliminate grade 2 testing under the STAR program.
The bill would modify the schedule of subject areas and grades to be
assessed under the STAR program and would include end of course
assessments in specified subjects in the STAR program.
Existing
(5) Existing law authorizes a
school district, at its option , to administer to pupils
with limited English proficiency who are enrolled in any of grades 2
to 11, inclusive, a second STAR achievement test in their
primary language. Existing law requires the department to use funds
made available pursuant to Title VI of the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.)
and appropriated by the annual Budget Act for the purpose of
developing and adopting primary language assessments that are aligned
to the state academic content standards.
This bill would authorize the department
State Department of Education , subject to approval by the
state board, to make these primary language assessments available to
school districts to assess their nonlimited-English-proficient pupils
who are enrolled in a dual language immersion program and their
redesignated fluent-English-proficient pupils. The bill would require
a school district that chooses to administer a primary language
assessment pursuant to this authority to do so at its own expense.
The bill would define, for purposes of the Greene Act, formative
assessment, high-quality assessment, and interim assessment.
(6) Existing law requires the STAR test publisher to make
available a reading list on the Internet that would assist pupils in
achieving a higher level of reading proficiency on the English
language arts portion of the achievement tests.
This bill would repeal this requirement.
(5)
(7) Existing law makes the Greene Act inoperative on
July 1, 2013, and repeals it on January 1, 2014.
This bill would make require the
Superintendent to develop recommendations, to be reported to the
fiscal and appropriate policy committees of both houses of the
Legislature on or before November 1, 2012, for the reauthorization of
the statewide pupil assessment program and would require the
recommendations to include a plan for transitioning to a system of
high-quality assessments. The bill would require the recommendations
to consider including specified characteristics in the reauthorized
assessment system .
The bill would make the act
Greene Act inoperative on July 1, 2014, and would repeal the
act as of January 1, 2015. By extending the time period during which
school districts are required to perform various duties relating to
the administration of achievement tests, the bill would impose a
state-mandated local program.
(6)
(8) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
Curriculum Support and Reform Act of 2011.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) California's pupils need and deserve access to instructional
programs that reflect the knowledge and skills that will prepare them
to be successful in college, careers, citizenship, and the global
economy.
(2) To ensure that all pupils are provided with resources and
learning expectations necessary to succeed and be competitive in the
21st century, it is imperative that the state's curriculum and
assessment system be based on high-quality, research- and
evidence-based academic content standards and promote creativity,
innovation, critical thinking, problem solving, collaboration, and
communication skills in all content areas.
(3) To ensure that all California pupils are provided the
curriculum content necessary to be competitive in the 21st century,
it is essential that these pupils be taught by highly qualified and
effective teachers who are trained in strategies that promote
creativity, exploration, innovation, critical thinking, problem
solving, collaboration, and communication skills as well as the
academic content standards.
(4) To ensure that California schools will prepare pupils to be
competitive in the 21st century, it is necessary that school and
school district administrators be trained not only in the academic
content standards and the state's high-quality assessment system, but
also in instructional leadership and management strategies that
include, but are not limited to, pedagogies of learning, motivation
of pupil learning, collaboration, respect for diversity, parental
involvement, staff relations and morale, and general training in
day-to-day school operations.
(3)
(5) The state's current testing system includes grade
level and course specific tests, alternative and modified assessments
for pupils with special needs, primary language content tests in
Spanish, an English language development test, a high school exit
examination, and physical fitness tests.
(4)
(6) Extending much of the state assessment system by an
additional year will allow the Legislature to examine current
federal initiatives and the call for the development of common
assessment assessments , and to
position the state's assessments in a manner that will allow the
state to adapt to changes in federal law, including the
reauthorization of the federal Elementary and Secondary Education
Act, before considering proposals for the reauthorization of the
state assessment system.
(5)
(7) The recent adoption of California's new common core
academic content standards will only have an impact on
the academic achievement of the state's pupils if the state works to
support teachers and improve instruction by developing and adopting
curriculum frameworks, instructional materials, professional
development, and assessments that are aligned to the standards and
appropriate for all pupils.
(b) It is the intent of the Legislature, in enacting this act, to
do all of the following:
(1) Develop a curriculum, instruction, and assessment system to
implement the common core state standards that intentionally does
both of the following:
(A) Focuses on integrating 21st century skills, including critical
thinking, problem solving, communication, collaboration, creativity,
and innovation, as a competency-based approach to learning in all
academic core content areas, including English language arts,
mathematics, history-social science, science, visual and performing
arts, and world languages.
(B) Promotes higher order thinking skills and interdisciplinary
approaches that integrate the use of supportive technologies,
inquiry, and problem-based learning to provide contexts for pupils to
apply learning in relevant, real-world scenarios and that prepare
pupils for college, career, and citizenship in the 21st century.
(1)
(2) Start a process for the development and adoption of
curriculum frameworks and instructional materials
that are aligned to the state's common core academic content
standards.
(3) Create and sustain professional development training
opportunities that support teachers and administrators in delivering
to all pupils curriculum and instruction that are aligned to the
state's common core academic content standards.
(2)
(4) Extend the operative date of the state's assessment
system by one year and position the state's assessments in a manner
that will give the state flexibility to adapt to changes in federal
law and transition to high-quality assessments that are aligned to
the common core academic content standards.
(3) Create professional development training opportunities that
support teachers in delivering to all pupils curriculum and
instruction that are aligned to the state's common core academic
standards.
SEC. 3. Section 60200 of the Education
Code is amended to read:
60200. The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, subject to the following provisions:
(a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
categories subject areas :
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board may not adopt basic instructional
materials in this category or the category specified by paragraph (2)
in the year succeeding the year in which the state board adopts
basic instructional materials in this category for the same grade
level.
(2) Mathematics. However, the The
state board may not adopt basic instructional materials in this
category or the category specified by paragraph (1) in the year
succeeding the year in which the state board adopts basic
instructional materials in this category for the same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Any other subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable.
(b) The state board shall adopt procedures for the submission of
basic instructional materials and for review of submitted
instructional materials by the Superintendent and school districts
in order to comply with each of the following:
(1) Instructional materials may be submitted for adoption
review by the Superintendent and school districts
in any of the subject areas pursuant to paragraphs (1) to (5),
inclusive, of subdivision (a) not less than two
times every six years and in any of the subject areas pursuant to
paragraph (6) of subdivision (a) not less than two times
every eight years. The state board shall ensure that
curriculum frameworks are reviewed and adopted in each subject area
consistent with the six- and eight-year submission cycles and that
the criteria for evaluating instructional materials developed
pursuant to subdivision (b) of Section 60204 are consistent with
subdivision (c). The state board may prescribe reasonable conditions
to restrict the resubmission of materials that have been previously
rejected if those resubmitted materials have no substantive changes.
(2) Submitted instructional Instructional
materials recommended by the Superintendent or
a school district for adoption by the state board shall be
adopted or rejected within six months of the submission
date of the materials pursuant
to paragraph (1) are recommended by the Superintendent
or a school district , unless the state board determines that
a longer period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the materials
for that subject in that year, or due to other circumstances beyond
the reasonable control of the state board.
(c) (1) The Superintendent and school districts may recommend to
the state board instructional materials for its adoption and use in
kindergarten and grades 1 to 8, inclusive.
(2) The Superintendent or a school district may recommend only
instructional materials that meet the criteria specified in
paragraphs (1) to (5), inclusive, of subdivision (d) and any other
criteria that the state board may establish as necessary to
accomplish the intent of Section 7.5 of Article IX of the California
Constitution.
(3) When the Superintendent and school districts recommend
instructional materials to the state board, they shall include
reports of findings that include information regarding alignment of
standards, program organization, pupil assessments, teacher support,
and support for English language learners and pupils with
disabilities.
(4) The governing board of a school district choosing to recommend
instructional materials to the state board shall ensure that a
majority of a review committee convened by the school district for
the purpose of selecting the instructional materials is comprised of
classroom teachers who are assigned to teach the grade in which the
instructional materials are to be used.
(c)
(d) In reviewing and adopting or recommending for
adoption submitted basic instructional materials, the state board
shall use the following criteria, and ensure that, in its judgment,
the submitted basic instructional materials meet all of the following
criteria:
(1) Are consistent with the criteria and the standards of quality
prescribed in the state board's adopted curriculum framework. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the state board's
guidelines for social content.
(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
(4) Adequately cover the Are aligned to the
content standards adopted by the state board in the subject
area for and the grade level or levels
for which they are submitted.
(5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo may not be used unless the state board determines
that the use of the commercial brand name, product, or corporate or
company logo is appropriate based on one of the following specific
findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of Chapter 1181 of
the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for the
current adoption is approved, or at least 30 months prior to
before the date that the materials are to be
approved for adoption.
(d)
(e) If basic instructional materials are rejected, the
state board shall provide a specific, written explanation of the
reasons why the submitted materials were not adopted, based upon one
or more of the criteria established under subdivision (c)
(d) . In providing this explanation, the state
board may use, in whole or in part, materials written by the
commission Superintendent, school districts, or
any other advisers to the state board.
(e)
(f) The state board may adopt fewer than five basic
instructional materials in each subject area for each grade level if
either of the following occurs:
(1) Fewer than five basic instructional materials are submitted.
(2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (c) (d)
, or the materials fail to meet the state board's adopted
curriculum framework. If the state board adopts fewer than five basic
instructional materials in any subject for any grade level, the
state board shall conduct a review of the degree to which the
criteria and procedures used to evaluate the submitted materials for
that adoption were consistent with the state board's adopted
curriculum framework.
(f)
(g) This section does not limit the authority of the
state board to adopt materials that are not basic instructional
materials.
(g)
(h) If a district board the
governing board of a school district establishes to the
satisfaction of the state board that the state-adopted instructional
materials do not promote the maximum efficiency of pupil learning in
the school district, the state board shall authorize that
district governing board of the school
district to use its instructional materials allowances to
purchase materials as specified by the state board, in accordance
with standards and procedures established by the state board.
(h)
(i) Consistent with the quality criteria for the state
board's adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials
submission system and ensure that the adopted materials in each
subject, taken as a whole, provide for the educational needs of the
diverse pupil populations in the public schools, provide collections
of instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
(i)
(j) Upon making an adoption, the state board shall make
available to listed publishers and manufacturers and all school
interests a listing of instructional materials, including the most
current unit cost of those materials as computed pursuant to existing
law. Items placed upon lists shall remain thereon, and be available
for procurement through the state's systems of financing, from the
date of the adoption of the item and until a date established by the
state board. The date established by the state board for
continuing items on that list shall be the date on which the state
board adopts instructional materials based upon a new or revised
curriculum framework. Lists of adopted materials shall be made
available by subject and grade level to school districts and
posted on the department's Internet Web site and shall
include information from the reports of findings pursuant to
paragraph (3) of subdivision (c) . The lists shall terminate
and shall no longer be effective on the date prescribed by the state
board pursuant to this subdivision.
(j)
(k) The state board may approve multiple lists of
instructional materials, without designating a grade or subject, and
the state board may designate more than one grade or subject whenever
it determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. Any materials so designated may be placed on single grade
or single subject lists, or multigrade or interdisciplinary lists, or
may be placed on separate lists including other materials with
similar grade or subject designations.
(k)
(l) A composite listing in the format of an order form
may be used to meet the requirements of this section.
( l )
(m) The lists maintained pursuant to this section shall
not be deemed to control the use period by any school district.
(m)
(n) The state board shall give publishers the
opportunity to modify instructional materials, in a manner provided
for in regulations adopted by the state board, if the state board
finds that the instructional materials do not comply with paragraph
(5) of subdivision (c) (d) .
(n)
(o) This section does not prohibit the publisher of
instructional materials from including whatever corporate name or
logo on the instructional materials that is necessary to provide
basic information about the publisher, to protect its copyright, or
to identify third-party sources of content.
(o)
(p) The state board may adopt regulations that provide
for other exceptions to this section, as determined by the board.
(p)
(q) The Superintendent shall develop, and the state
board shall adopt, guidelines to implement this section.
SEC. 3. SEC. 4. Section 60200.1 of
the Education Code is repealed.
SEC. 4. Section 60200.8 is added to the
Education Code, to read:
60200.8. Notwithstanding Section 60200.7, instructional materials
aligned to the content standards adopted pursuant to Section 60605.8
shall be submitted for adoption as follows:
(a) Mathematics in 2014.
(b) English language arts in 2016.
SEC. 5. Section 60203 of the Education
Code is amended to read:
60203. The state board shall give the commission
hold a public hearing before making any
adoption of adopting instructional materials
for use in the elementary schools of the state.
SEC. 5. SEC. 6. Section 60204 of the
Education Code is amended to read:
60204. The commission shall do all of the following:
(a) Recommend curriculum frameworks to the state board.
(b) Develop criteria for evaluating instructional materials
submitted for adoption so that the materials adopted shall adequately
cover the subjects in the indicated grade or grades and comply with
the provisions of Article 3 (commencing with Section 60040) of
Chapter 1. The criteria developed by the commission shall be
consistent with the duties of the state board pursuant to Section
60200. The criteria shall be public information and shall be provided
in written or printed form to any person requesting that
information.
(1) The criteria shall include directions to publishers to align
both lessons and teacher's editions, as appropriate, with English
language development standards and incorporate strategies to address,
at every grade level and subject, the needs of English learners,
including, but not limited to, speakers of Spanish, Vietnamese,
Filipino, Cantonese, Hmong, and Korean.
(2) The criteria also shall include directions to publishers to
incorporate instructional strategies to address the needs of pupils
with disabilities in both lessons and teacher's editions, as
appropriate, at every grade level and subject.
(c) Recommend to the state board policies and activities to assist
the department and school districts in the use of the curriculum
framework and other available model curriculum materials for the
purpose of guiding and strengthening the quality of instruction in
the public schools.
SEC. 6. SEC. 7. Section 60207 is
added to the Education Code, to read:
60207. (a) Notwithstanding Section 60200.7, the state board shall
adopt revised curriculum frameworks and evaluation criteria that are
aligned to the content standards adopted pursuant to Section 60605.8
for mathematics and English language arts no later than
December 31, 2012, and March 1, 2013, respectively.
May 30, 2013, and May 30, 2014, respectively.
(b) State board policies shall ensure that curriculum frameworks
for kindergarten and grades 1 to 12, inclusive, and instructional
materials for kindergarten and grades 1 to 8, inclusive, include the
English language development standards as adopted by the state board
in 1997 and revised thereafter, and English language development
strategies in the four core subjects of mathematics, science,
history-social science, and English language arts.
(c) State board policies shall ensure that curriculum frameworks
for kindergarten and grades 1 to 12, inclusive, and instructional
materials for kindergarten and grades 1 to 8, inclusive, include
strategies to address the needs of pupils with disabilities in the
four core subjects of mathematics, science, history-social science,
and English language arts.
(d) Each curriculum framework that the state board adopts shall
describe, to the extent the state board deems appropriate, the manner
in which content can be delivered to intentionally build all of the
following skills into and across each content area:
(1) Creativity and innovation, including, but not limited to,
thinking creatively, working creatively with others, and implementing
innovations.
(2) Critical thinking and problem solving, including, but not
limited to, reasoning effectively, using systems thinking, making
judgments and decisions, and solving problems.
(3) Collaboration, including, but not limited to, working
effectively in diverse teams, adapting to change and being flexible,
demonstrating initiative and self-direction, working independently,
demonstrating productivity and accountability, and demonstrating
leadership and responsibility.
(4) Communication, including, but not limited to, communicating
clearly and effectively through reading, writing, and speaking.
(5) Construction and exploration of new understandings of
knowledge through the integration of content from one subject area to
another and to provide pupils with multiple modes for demonstrating
innovative learning.
SEC. 7. SEC. 8. Section 60208 is
added to the Education Code, to read:
60208. It is the intent of the Legislature to do all of the
following:
(a) Provide to local educational agencies a process that is
consistent with the implementation of standards-based curricula and
the principle of local control and by which they may identify,
evaluate, and recommend instructional materials for adoption to the
state board.
(b) Ensure Consistent with Section
60200.7, ensure that school districts are provided with as many
high-quality standards-aligned instructional material
options as possible, so that educators may have many rigorous options
in choosing the best materials that meet the needs of all pupils,
including English learners and pupils with disabilities, and that
ensure that their pupils are able to master the academic content
standards adopted by the state board pursuant to Section 60605.8.
(c) Offer opportunities for professional development training to
teachers to support the transition to and implementation of the state'
s common core academic content standards adopted by the state board
pursuant to Section 60605.8.
(c) Direct the Superintendent, in consultation with teachers and
county offices of education, to do all of the following:
(1) Develop professional development modules for teachers,
principals, and other school leaders.
(2) Develop criteria to guide the development of the professional
development modules.
(3) Develop professional development modules to deepen the
understanding of all of the following:
(A) The common core standards.
(B) Curriculum frameworks.
(C) English language development standards.
(D) Instructional strategies to support the learning of all
pupils, including English learners, pupils with disabilities, and
underperforming pupils.
(E) The use of assessments and data to support teaching and
learning.
(F) The use of instructional technology.
(G) The integration of subject content knowledge.
(H) Instructional leadership and coaching.
(4) Ensure that professional development opportunities are
available to teachers, principals, and school leaders.
(5) Provide professional development modules through multiple
delivery methods, including, but not limited to, school-based and
web-based delivery.
SEC. 8. SEC. 9. Section 60601 of the
Education Code is amended to read:
60601. This chapter shall become inoperative on July 1, 2014, and
as of January 1, 2015, is repealed, unless a later enacted statute
that is enacted before January 1, 2015, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 10. Section 60603 of the Education
Code is amended to read:
60603. As used in this chapter:
(a) "Achievement test" means any standardized test that measures
the level of performance that a pupil has achieved in the core
curriculum areas.
(b) "Assessment of applied academic skills" means a form of
assessment that requires pupils to demonstrate their knowledge of,
and ability to apply, academic knowledge and skills in order to solve
problems and communicate. It may include, but is not limited to,
writing an essay response to a question, conducting an experiment, or
constructing a diagram or model. An assessment of applied academic
skills may not include assessments of personal behavioral standards
or skills, including, but not limited to, honesty, sociability,
ethics, or self-esteem.
(c) "Basic academic skills" means those skills in the subject
areas of reading, spelling, written expression, and mathematics that
provide the necessary foundation for mastery of more complex
intellectual abilities, including the synthesis and application of
knowledge.
(d) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach and all pupils expected to learn in each of
the core curriculum areas, at
each grade level tested.
(e) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
(f) "Diagnostic assessment" means interim assessments of the
current level of achievement of a pupil that serves both of the
following purposes:
(1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
(2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
(g) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
(h) "End of course exam" means a comprehensive and challenging
assessment of pupil achievement in a particular subject area or
discipline.
(i) "Formative assessment" means assessment tools and processes
that are embedded in instruction and are used by teachers and pupils
to provide timely feedback for purposes of adjusting instruction to
improve learning.
(j) "High-quality assessment" means an assessment designed to
measure a pupil's knowledge of, understanding of, and ability to
apply critical concepts through the use of a variety of item types
and formats, including, but not limited to, items that allow for
open-ended responses and items that require the completion of
performance-based tasks. A high-quality assessment should have the
following characteristics:
(1) Enable measurement of pupil achievement and pupil growth.
(2) Be of high technical quality by being valid, reliable, fair,
and aligned to standards.
(3) Incorporate technology where appropriate.
(4) Include the assessment of pupils with disabilities and English
learners.
(5) Use, to the extent feasible, universal design principles, as
defined in Section 3 of the federal Assistive Technology Act of 1998
(29 U.S.C. Sec. 3002) in its development and administration.
(k) "Interim assessment" means an assessment that is given at
regular and specified intervals throughout the school year, is
designed to evaluate a pupil's knowledge and skills relative to a
specific set of academic standards, and produces results that can be
aggregated by course, grade level, school, or local educational
agency in order to inform teachers and administrators at the pupil,
classroom, school, and local educational agency levels.
(i)
(l) "Performance standards" are standards that define
various levels of competence at each grade level in each of the
curriculum areas for which content standards are established.
Performance standards gauge the degree to which a pupil has met the
content standards and the degree to which a school or school district
has met the content standards.
(j)
(m) "Publisher" means a commercial publisher or any
other public or private entity, other than the department, which is
able to provide tests or test items that meet the requirements of
this chapter.
(k)
(n) "Statewide pupil assessment program" means the
systematic achievement testing of pupils in grades 2
3 to 11, inclusive, pursuant to the standardized
testing and reporting program under Article 4 (commencing with
Section 60640) and the assessment of basic academic skills and
applied academic skills, administered to pupils in grade levels
specified in subdivision (c) of Section 60605, required by this
chapter in all schools within each school district by means of tests
designated by the state board.
SEC. 11. Section 60604 of the Education
Code is amended to read:
60604. (a) The Superintendent shall design and implement,
consistent with the timetable and plan required pursuant to
subdivision (b), a statewide pupil assessment program consistent with
the testing requirements of this article in accordance with the
objectives set forth in Section 60602. That program shall include all
of the following:
(1) A plan for producing valid, reliable, and comparable
individual pupil scores in grades 2 3
to 11, inclusive, and a comprehensive analysis of these scores based
on the results of the achievement test designated by the state board
that assesses a broad range of basic academic skills pursuant to the
Standardized Testing and Reporting (STAR) Program established by
Article 4 (commencing with Section 60640).
(2) A method of working with publishers to ensure valid, reliable,
and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades
2 3 to 11, inclusive.
(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and skills that pupils will need
in order to succeed in the information-based, global economy of the
21st century. These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.
(4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the state board.
(5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.
(6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members of
school districts, and the public in all phases of the design and
implementation of the statewide pupil assessment program.
(7) The development of a contract or contracts with a publisher or
publishers, after the approval of statewide academically rigorous
content standards by the state board, for the development of
performance standards and assessments of applied academic skills
designed to test pupils' knowledge of academic skills and abilities
to apply that knowledge and those skills in order to solve problems
and communicate.
(b) The Superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan, and
timetable for implementing the program described in subdivision (a).
The annual update shall be submitted on or before March 1 of each
year to the chairperson of the fiscal subcommittee considering budget
appropriations in each house. The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
(c) The Superintendent shall provide each school district with
guidelines for professional development that are designed to assist
classroom teachers to use the results of the assessments administered
pursuant to this chapter to modify instruction for the purpose of
improving pupil learning. These guidelines shall be developed in
consultation with classroom teachers and approved by the state board
before dissemination.
(d) The Superintendent and the state board shall consider comments
and recommendations from school districts and the public in the
development, adoption, and approval of assessment instruments.
(e) The results of the achievement test administered pursuant to
Article 4 (commencing with Section 60640) shall be returned to the
school district within the period of time specified by the state
board.
SEC. 12. Section 60604.5 of the
Education Code is amended to read:
60604.5. (a) It is the intent of the
Legislature that the reauthorization of the statewide pupil
assessment program includes include all
of the following:
(a)
(1) A plan for transitioning to a system of
high-quality assessments , as defined in the federal Race to
the Top guidance and regulations .
(b)
(2) Alignment with the standards developed pursuant to
subdivision (d) of Section 60605.8.
(c)
(3) Any common assessments aligned with the standards
developed pursuant to subdivision (d) of Section 60605.8.
(d)
(4) Conforms Conformity
to the assessment requirements of any reauthorization of the federal
Elementary and Secondary Education Act or any other federal law that
effectively replaces that act.
(b) The Superintendent shall develop recommendations for the
reauthorization of the statewide pupil assessment program. The
recommendations shall include, but not be limited to, a plan for
transitioning to a system of high-quality assessments. The
recommendations shall consider including all of the following in the
reauthorized assessment system:
(1) Aligning the assessments to the standards adopted or revised
pursuant to Section 60605.8.
(2) Implementing and incorporating any common assessments aligned
with the common set of standards developed by the Common Core State
Standards Initiative consortium or other interstate collaboration in
which the state participates.
(3) Conforming to the assessment requirements of any
reauthorization of the federal Elementary and Secondary Education Act
(20 U.S.C. Sec. 6301 et seq.) or any other federal law that
effectively replaces that act.
(4) Enabling the valid, reliable, and fair measurement of
achievement at a point in time and over time for groups and subgroups
of pupils, and for individual pupils.
(5) Allowing the comparison from one year to the next of an
individual pupil's scale scores in each content area tested, so as to
reflect the growth in that pupil's actual scores over time.
(6) Enabling and including the valid, reliable, and fair
measurement of achievement of all pupils, including pupils with
disabilities and English learners.
(7) Ensuring that no aspect of the system creates any bias with
respect to race, ethnicity, culture, religion, gender, or sexual
orientation.
(8) Incorporating a variety of item types and formats, including,
but not limited to, open-ended responses and performance-based tasks.
(9) Generating multiple measures of pupil achievement, which, when
combined with other measures, can be used to determine the
effectiveness of instruction and the extent of learning.
(10) Including the assessment of science and history/social
science in all grade levels at or above grade 4.
(11) Assessing a pupil's understanding of and ability to use the
technology necessary for success in the 21st century classroom and
workplace.
(12) Providing for both formative and interim assessments, as
those terms are defined in this chapter, in order to provide timely
feedback for the purposes of continually adjusting instruction to
improve learning.
(13) Making use of test administration and scoring technologies
that will allow the return of test results to parents and teachers as
soon as is possible in order to support instructional improvement.
(14) Minimizing testing time while not jeopardizing the validity,
reliability, fairness, or instructional usefulness of the assessment
results.
(c) In developing the recommendations pursuant to this section,
the Superintendent shall consult with all of the following:
(1) The state board.
(2) The committee advising the Superintendent on the Academic
Performance Index pursuant to subdivision (a) of Section 52052.5.
(3) Measurement experts from California's public and private
universities.
(4) Individuals with expertise in assessing pupils with
disabilities and English learners.
(5) Teachers, administrators, and governing board members, from
California's local educational agencies.
(6) Parents.
(d) The Superintendent shall report the recommendations developed
pursuant to this section to the fiscal and appropriate policy
committees of both houses of the Legislature on or before November 1,
2012.
SEC. 13. Section 60605.6 of the
Education Code is amended to read:
60605.6. Subject to the availability of funds appropriated in the
annual Budget Act for this purpose, the Superintendent, upon
approval of the state board, shall contract for the development and
distribution of workbooks, as follows:
(a) One workbook to be distributed to all pupils in grade 10. This
workbook shall contain information on the proficiency levels that
must be demonstrated by pupils on the high school exit examination
described in Chapter 9 (commencing with Section 60850). The workbook
also shall contain sample questions, with explanations describing how
these sample questions test pupil knowledge of the language arts and
mathematics content standards adopted by the state board pursuant to
Section 60605.
(b) Separate workbooks for each of grades 2
3 to 11, inclusive. Each pupil in grades 2
3 to 11, inclusive, who is required to take the
achievement tests described in Section 60642.5 shall receive a copy
of the workbook designed for the same grade level in which the pupil
is enrolled. These workbooks shall contain material to assist pupils
and their parents with standards-based learning, including the grade
appropriate academic content standards adopted by the state board
pursuant to Section 60605 and sample questions that require knowledge
of these standards to answer. The workbooks also shall describe how
the sample questions test knowledge of the state board adopted
academic content standards.
SEC. 14. Section 60640 of the Education
Code is amended to read:
60640. (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
(b) From the funds available for that purpose, each school
district, charter school, and county office of education shall
administer to each of its pupils in grades 2
3 to 11, inclusive, the standards-based achievement test
provided for in Section 60642.5. The state board shall establish a
testing period to provide that all schools administer these tests to
pupils at approximately the same time during the instructional year,
except as necessary to ensure test security and to meet the final
filing date.
(c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils within the testing
period established by the state board in subdivision (b).
(d) The governing board of the school district may administer
achievement tests in grades other than those required by subdivision
(b) as it deems appropriate.
(e) Pursuant to Section 1412(a)(17) of Title 20 of the United
States Code, individuals with exceptional needs, as defined in
Section 56026, shall be included in the testing requirement of
subdivision (b) with appropriate accommodations in administration,
where necessary, and those individuals with exceptional needs who are
unable to participate in the testing, even with accommodations,
shall be given an alternate assessment.
(f) (1) At the option of the school district, pupils with limited
English proficiency who are enrolled in any of grades 2
3 to 11, inclusive, may take a second
achievement test in their primary language. Primary language tests
administered pursuant to this subdivision and subdivision (g) shall
be subject to the requirements of subdivision (a) of Section 60641.
These primary language tests shall produce individual pupil scores
that are valid and reliable.
(2) Notwithstanding any other law, the state board shall designate
for use, as part of this program, a single primary language test in
each language for which a test is available for grades 2
3 to 11, inclusive, pursuant to the process used
for designation of the assessment chosen in the 1997-98 fiscal year,
as specified in Section 60643, as applicable.
(3) (A) The department shall use funds made available pursuant to
Title VI of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.) and appropriated by the annual Budget Act for the
purpose of developing and adopting primary language assessments that
are aligned to the state academic content standards. Subject to the
availability of funds, primary language assessments shall be
developed and adopted for reading/language arts and mathematics in
the dominant primary language of limited-English-proficient pupils.
The dominant primary language shall be determined by the count in the
annual language census of the primary language of each
limited-English-proficient pupil enrolled in the California public
schools.
(B) Once a dominant primary language assessment is available for
use for a specific grade level, it shall be administered in place of
the assessment designated pursuant to paragraph (1) for that grade
level.
(C) In choosing a contractor to develop a primary language
assessment the state board shall consider the criteria for choosing a
contractor or test publisher as specified by Section 60643, and as
specified by Section 60642.5, as applicable.
(D) Subject to the availability of funds, the assessments shall be
developed in grade order starting with the lowest grade subject to
the STAR Program.
(E) If the state board contracts for the development of primary
language assessments or test items to augment an existing assessment,
the state shall retain ownership rights to the assessment and the
test items. With the approval of the state board, the department may
license the test for use in other states subject to a compensation
agreement approved by the Department of Finance.
(F) On or before January 1, 2006, the department shall submit to
the Legislature a report on the development and implementation of the
initial primary language assessments and recommendations on the
development and implementation of future assessments and funding
requirements.
(g) A pupil identified as limited English proficient pursuant to
the administration of a test made available pursuant to Section 60810
who is enrolled in any of grades 2 3
to 11, inclusive, and who either receives instruction in his or her
primary language or has been enrolled in a school in the United
States for less than 12 months shall be required to take a test in
his or her primary language if a test is available.
(h) (1) The Superintendent shall apportion funds to school
districts to enable school districts to meet the requirements of
subdivisions (b), (e), (f), and (g).
(2) The state board annually shall establish the amount of funding
to be apportioned to school districts for each test administered and
annually shall establish the amount that each publisher shall be
paid for each test administered under the agreements required
pursuant to Section 60643. The amounts to be paid to the publishers
shall be determined by considering the cost estimates submitted by
each publisher each September and the amount included in the annual
Budget Act, and by making allowance for the estimated costs to school
districts for compliance with the requirements of subdivisions (b),
(e), (f), and (g).
(3) An adjustment to the amount of funding to be apportioned per
test shall not be valid without the approval of the Director of
Finance. A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment. The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute. The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
(i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation for
the apportionments made pursuant to paragraph (1) of subdivision (h),
and the payments made to the publishers under the contracts required
pursuant to Section 60643 or subparagraph (C) of paragraph (1) of
subdivision (a) of Section 60605 between the department and the
contractor, are "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202, for the
applicable fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202, for that fiscal year.
(j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the Superintendent
all of the following:
(1) The number of pupils enrolled in the school district in grades
2 3 to 11, inclusive.
(2) The number of pupils to whom an achievement test was
administered in grades 2 3 to 11,
inclusive, in the school district.
(3) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
(k) The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of the California Standards Tests, including,
but not limited to, the augmented California Standards Tests, for
academic credit, placement, or admissions processes.
(l) The Superintendent, with the approval of the state board,
annually shall release to the public test items from the
standards-based achievement tests pursuant to Section 60642.5
administered in previous years. The minimum number of test items
released per year shall be equal to 25 percent of the total number of
test items on the test administered in the previous year.
SEC. 9. SEC. 15. Section 60640.1 is
added to the Education Code, to read:
60640.1. Subject to approval by the state board, the department
may make a primary language assessment developed pursuant to
subparagraph (A) of paragraph (3) of subdivision (f) of Section 60640
available to school districts to assess their
nonlimited-English-proficient pupils, as defined in Section 60643,
who are enrolled in a dual language immersion program that includes
the primary language of the assessment, and their redesignated
fluent-English-proficient pupils. A school district that chooses to
administer a primary language assessment pursuant to this subdivision
shall do so at its own expense and shall enter into an agreement for
that purpose with the state testing contractor, as described in
subparagraph (C) of paragraph (3) of subdivision (f) of Section
60640, subject to the approval of the department. The cost for the
assessment shall be the same for all school districts and shall not
exceed the marginal cost of the assessment.
SEC. 16. Section 60642.5 of the
Education Code is amended to read:
60642.5. (a) The Superintendent, with approval of the state
board, shall provide for the development of an assessment instrument
, to be called the California Standards Tests,
under the Standardized Testing and Reporting Program that
measures the degree to which pupils are achieving the academically
rigorous content standards and performance standards, to the extent
standards have been adopted by the state board. These standards-based
achievement tests shall contain assessments of the
following subject areas in the grades specified
in paragraph (3) of subdivision (a) of Section 60603 for
grades 2 to 8, inclusive, and shall include an assessment in
history/social science in at least one elementary or middle school
grade level selected by the state board and science in at least one
elementary or middle school grade level selected by the state board,
and the core curriculum areas specified in paragraph (5) of
subdivision (a) of Section 60603 for grades 9 to 11, inclusive,
except that history-social science shall not be included in the grade
9 assessment unless the state board adopts academic content
standards for a grade 9 history-social science course, and shall
include, at a minimum, a direct writing assessment once in elementary
school and once in middle or junior high school and other items of
applied academic skill if deemed valid and reliable and if resources
are made available for their use. :
(1) English/reading language arts and mathematics in grades 3 to
8, inclusive, and in grade 11.
(2) English language arts in the California Alternate Performance
Assessment in grade 10.
(3) Science in grades 5 and 8, and life science in grade 10.
(4) History-social science in grade 8.
(5) End of course assessments for the following courses:
(A) U.S. history.
(B) World history.
(C) Algebra I.
(D) Geometry.
(E) Algebra II.
(F) Earth science.
(G) Biology.
(H) Chemistry.
(I) Physics.
(J) Algebra I in the Standards Test in Spanish.
(K) Geometry in the Standards Test in Spanish.
(b) This section, as amended during the 2011-12 Regular Session,
does not require the department to develop or administer new
assessments.
(b)
(c) In approving a contract for the development or administration
of the California Standards Tests, the state board shall consider
each of the following:
(1) The ability of the contractor to produce valid, reliable
individual pupil scores.
(2) The ability of the contractor to report results pursuant to
subdivision (a) of Section 60643 by August 8.
(3) The ability of the contractor to ensure alignment between the
standards-based achievement test and the academically rigorous
content and performance standards as those standards are adopted by
the state board. This criterion shall include the ability of the
contractor to implement a process to establish and maintain alignment
between the test items and the standards.
(4) The per
pupil cost estimates of developing and, if appropriate, administering
the proposed assessment with a system to facilitate the
determination of future per pupil cost determinations.
(5) The procedures of the contractor to ensure the security and
integrity of test questions and materials.
(6) The experience of the contractor in successfully conducting
testing programs adopted and administered by other states. For
experience to be considered, the number of grades and pupils tested
shall be provided.
(c)
(d) The standards-based achievement tests
may use items from other tests.
SEC. 17. Section 60643 of the Education
Code is amended to read:
60643. (a) To be eligible for consideration under Section 60642.5
by the state board, test publishers shall agree in writing each year
to meet the following requirements, as applicable, if selected:
(1) Enter into an agreement, pursuant to subdivision (e) or (f),
with the department by October 15 of that year.
(2) Align the standards-based achievement test provided for in
Section 60642.5 to the academically rigorous content and performance
standards adopted by the state board.
(3) Comply with subdivisions (c) and (d) of Section 60645.
(4) Provide valid and reliable individual pupil scores to parents
or guardians, teachers, and school administrators.
(5) Provide valid and reliable aggregate scores to school
districts and county boards of education in all of the following
forms and formats:
(A) Grade level.
(B) School level.
(C) District level.
(D) Countywide.
(E) Statewide.
(F) Comparison of statewide scores relative to other states.
(6) Provide disaggregated scores, based on
limited-English-proficient status and nonlimited-English-proficient
status. For purposes of this section, pupils with
"nonlimited-English-proficient status" shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils. These
scores shall be provided to school districts and county boards of
education in the same forms and formats listed in paragraph (5).
(7) Provide disaggregated scores by pupil gender and ethnicity and
provide disaggregated scores based on whether pupils are
economically disadvantaged or not. These disaggregated scores shall
be in the same forms and formats as listed in paragraph (5). In any
one year, the disaggregation shall entail information already being
collected by school districts, county offices of education, or
charter schools.
(8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law. These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section shall not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
(9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the department and the state board in the medium requested by
each entity, respectively.
(b) It is the intent of the Legislature that the publisher work
with the Superintendent and the state board in developing a
methodology to disaggregate statewide scores as required in
paragraphs (6) and (7) of subdivision (a), and in determining which
variable indicated on the STAR testing document shall serve as a
proxy for "economically disadvantaged" status pursuant to paragraph
(7) of subdivision (a).
(c) Access to information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section. School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income. This chapter does not abridge or deny rights to
confidentiality contained in the federal Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
state and federal law that protect the confidentiality of information
collected by educational institutions.
(d) Notwithstanding any other law, the publisher of the
standards-based achievement test provided for in Section 60642.5 or
any contractor under subdivision (f) shall comply with all of the
conditions and requirements enumerated in subdivision (a), as
applicable, to the satisfaction of the state board.
(e) (1) A publisher shall not provide a test described in Section
60642.5 or 60650 or in subdivision (f) of Section 60640 for use in
California public schools, unless the publisher enters into a written
contract with the department as set forth in this subdivision.
(2) The department shall develop, and the state board shall
approve, a contract to be entered into with a publisher pursuant to
paragraph (1). The department may develop the contract through
negotiations with the publisher.
(3) For purposes of the contracts authorized pursuant to this
subdivision, the department is exempt from the requirements of Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code and from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(4) The contracts shall include provisions for progress payments
to the publisher for work performed or costs incurred in the
performance of the contract. Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided for
in each contract shall be withheld pending final completion of all
component tasks by that publisher. The total amount withheld pending
final completion shall not exceed 10 percent of the total contract
price.
(5) The contracts shall require liquidated damages to be paid by
the publisher in the amount of up to 10 percent of the total cost of
the contract for any component task that the publisher through its
own fault or that of its subcontractors fails to substantially
perform by the date specified in the agreement.
(6) The contracts shall establish the process and criteria by
which the successful completion of each component task shall be
recommended by the department and approved by the state board.
(7) The publishers shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
(8) The contracts shall specify the following component tasks, as
applicable, that are separate and distinct:
(A) Development of new tests or test items as required by
paragraph (2) of subdivision (a).
(B) Test materials production or publication.
(C) Delivery of test materials to school districts.
(D) Test processing, scoring, and analyses.
(E) Reporting of test results to the school districts, including,
but not limited to, all reports specified in this section.
(F) Reporting of test results to the department, including, but
not limited to, the electronic files required pursuant to this
section.
(G) All other analyses or reports required by the Superintendent
to meet the requirements of state and federal law and set forth in
the agreement.
(9) The contracts shall specify the specific reports and data
files, if any, that are to be provided to school districts by the
publisher and the number of copies of each report or file to be
provided.
(10) The contracts shall specify the means by which any delivery
date for materials to each school district shall be verified by the
publisher and the school district.
(11) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
contracts specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 3 to 11, inclusive. Any
separate agreement is not within the scope of the contract specified
in this subdivision.
(f) The department, with approval of the state board, may enter
into a separate contract for the development or administration of a
test authorized pursuant to this part, including, but not limited to,
item development, coordination of tests, assemblage of tests or test
items, scoring, or reporting. The liquidated damages provision set
forth in paragraph (5) of subdivision (e) shall apply to a contract
entered into pursuant to this subdivision.
SEC. 18. Section 60643.1 of the
Education Code is repealed.
60643.1. (a) (1) The test publisher designated by the state board
pursuant to Section 60642 shall make available a reading list on the
Internet by June 1 of the applicable school year. The reading list
shall include an index that correlates ranges of pupil reading scores
on the English language arts portion of the achievement test
designated pursuant to Section 60642 to titles of materials that
would be suitable for pupils in each of grades 2 to 11, inclusive, to
read in order to improve their reading skills. This reading list
shall include titles of books that allow a pupil to practice reading
at his or her current reading level and that will assist the pupil in
achieving a higher level of proficiency. To the extent possible, the
index also shall include information related to the subject matter
of each title. At a minimum, the reading list also shall categorize
titles by subject matter and identify age-appropriate distinctions in
the list.
(2) The test publisher, in each school year, shall make available
for purchase by school districts a report that provides a numerical
distribution of the reading scores of all pupils in California who
took the achievement test designated pursuant to Section 60642.
(3) The test publisher, in each school year, shall make available
for purchase by school districts reading lists that can be
distributed to pupils based on a pupil's age and the ranges of scores
on the English language arts portion of the achievement test
designated pursuant to Section 60642.
(4) The requirements of this subdivision shall become operative
only upon a determination by the Director of Finance that funds are
available to make an adjustment pursuant to subdivision (h) of
Section 60640.
(b) The state board and the Superintendent jointly shall certify
that the process used by the publisher to determine the reading
levels of the corresponding reading list pursuant to paragraph (1) of
subdivision (a) meets the following criteria:
(1) The process is educationally valid.
(2) The process results in a reading list for each reading span
that provides titles at the pupil's current reading level and the
next higher level for challenging practice.
(3) The process results in a selection from the universe of titles
from the list developed pursuant to subdivision (d) that matches
each reading level.
(4) The process is unbiased in the selection of publishers' titles
from the legal compliance list.
(c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a), at a minimum, shall include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1 of Part 33, and the titles listed in all of the
content area reading and literature lists that are developed and
published by the department and that have been determined by the
department to meet the relevant reading level as certified pursuant
to subdivision (b).
(d) By imposing the requirements of this section on publishers, it
is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section or
of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.
SEC. 10. SEC. 19. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
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Text--Page: 12, 13, and 28.
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