BILL NUMBER: AB 250	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2011
	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN SENATE  JUNE 29, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011

INTRODUCED BY   Assembly Member Brownley
   (Coauthor: Senator Alquist)

                        FEBRUARY 3, 2011

   An act to amend Sections 33530, 33539, 60010, 60204, 60601, 60603,
and 60604.5 of, to add Sections 60207 and 60208 to, and to repeal
Section 60200.1 of, the Education Code, relating to instructional
materials.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 250, Brownley. Instructional 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, as defined, 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
2015-16 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
instructional materials be approved when curriculum frameworks are
approved or at least 30 months before the date that the materials are
to be approved for adoption.
   (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 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 May 30, 2013, and May 30, 2014, respectively. The bill
would require state board policies to ensure that the English
language arts 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 core
subjects of mathematics, science, and history-social science. 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 4 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 rename the commission the Instructional Quality
Commission and would make conforming changes. The bill also would
delete the requirement that the commission review specified
educational films or video recordings. The bill would require the
criteria developed for evaluating instructional materials to include
specified directions to publishers and would require the commission
to perform additional prescribed functions.
   The bill would state the intent of the Legislature to ensure that
school districts are provided with as many standards-aligned
instructional material options as possible. The bill would require
the Superintendent to develop model professional development modules,
as specified, and to report to the state board on the development of
those modules.
    (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. Existing law makes the Greene Act
inoperative on July 1, 2013, and repeals it on January 1, 2014.
   This bill would 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 define, for purposes of the Greene Act, formative
assessment, high-quality assessment, and interim assessment.
   The bill would make the 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.
   (5) This bill would require the State Department of Education to
use certain federal funds, and any other available state and federal
funds, to implement the provisions of this bill.
   (6) 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.


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 successful in college, careers,
and citizenship, it is vital for educators to move beyond a focus on
basic competency in core subjects to promote deeper learning and
understanding of academic content at significantly higher levels by
focusing on critical thinking, communications, collaboration, and
creativity.
   (3) 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.
   (4) 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.
   (5) 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.
   (6) 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.
   (7) 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 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.
   (8) 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
core academic content areas, including English language arts,
mathematics, history-social science, science, health education,
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.
   (2) Start a process for the development and adoption of curriculum
frameworks that are aligned to the state's common core academic
content standards, build upon the state's previous accomplishments,
and integrate successful practices from other state initiatives
implementing the 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.
   (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.
  SEC. 3.  Section 33530 of the Education Code is amended to read:
   33530.  (a) There is in the state government the Instructional
Quality Commission consisting of a Member of the Assembly appointed
by the Speaker of the Assembly, a Member of the Senate appointed by
the Senate Committee on Rules, one public member appointed by the
Speaker of the Assembly, one public member appointed by the Senate
Committee on Rules, one public member appointed by the Governor, and
13 public members appointed by the state board upon the
recommendation of the Superintendent or the members of the state
board.
   (b) So far as is practical and consistent with the duties assigned
to the commission by the state board, at least 7 of the 13 public
members appointed by the state board shall be persons, who because
they have taught, written, or lectured on the subject matter fields
specified in Section 33533, in the course of public or private
employment, have become recognized authorities or experienced
practitioners in those fields. The state board shall make its
appointments to ensure that, at any one time, at least seven of the
public members shall be current classroom teachers, or mentor
teachers, or both assigned to teach kindergarten or any of grades 1
to 12, inclusive.
   (c) Notwithstanding the requirement that seven of the public
members shall be current classroom teachers or mentor teachers,
current members of the commission who were appointed on or before
December 31, 1989, shall be allowed to complete their terms.
   (d) In making the remaining appointments to the commission, and in
establishing the commission's advisory task forces or committees,
the state board is encouraged to consider the role of other
representatives of the educational community in the development of
curriculum and instructional materials, including, but not limited
to, administrators, governing school board members, and parents who
are reflective of the various ethnic groups and types of school
districts in California.
  SEC. 4.  Section 33539 of the Education Code is amended to read:
   33539.  As used in this article, "commission" means the
Instructional Quality Commission.
  SEC. 5.  Section 60010 of the Education Code is amended to read:
   60010.  For purposes of this part, the following terms have the
following meanings unless the context in which they appear clearly
requires otherwise:
   (a) "Basic instructional materials" means instructional materials
that are designed for use by pupils as a principal learning resource
and that meet in organization and content the basic requirements of
the intended course.
   (b) "Commission" means the Instructional Quality Commission.
   (c) "Curriculum framework" means an outline of the components of a
given course of study designed to provide state direction to school
districts in the provision of instructional programs.
   (d) "District board" means the board of education or governing
board of a county, city and county, city, or other district that has
the duty to provide for the education of the children in its county,
city and county, city, or district.
   (e) "Elementary school" means all public schools in which
instruction is given through grade 8 or in any one or more of those
grades.
   (f) "Governing boards" means the state board and any one or more
district boards.
   (g) "High school" means all public schools other than elementary
schools in which instruction is given through grade 12, or in any one
or more of those grades.
   (h) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a learning resource
and help pupils to acquire facts, skills, or opinions or to develop
cognitive processes. Instructional materials may be printed or
nonprinted, and may include textbooks, technology-based materials,
other educational materials, and tests.
   (i) "Nonpublic school" means a school that both satisfies the
requirements of Section 48222, and is exempt from taxation under
Section 214 of the Revenue and Taxation Code.
   (j) "School official" means a member of a governing board, a city,
county, city and county, or district superintendent of schools, and
a principal, teacher, or other employee under his or her charge.
   (k) "State board" means the State Board of Education.
   ( l  ) "Supplementary instructional materials" means
instructional materials designed to serve, but not be limited to, one
or more of the following purposes, for a given subject, at a given
grade level:
   (1) To provide more complete coverage of a subject or subjects
included in a given course.
   (2) To provide for meeting the various learning ability levels of
pupils in a given age group or grade level.
   (3) To provide for meeting the diverse educational needs of pupils
with a language disability in a given age group or grade level.
   (4) To provide for meeting the diverse educational needs of pupils
reflective of a condition of cultural pluralism.
   (5) To use current, relevant technology that further engages
interactive learning in the classroom and beyond.
   (m) (1) "Technology-based materials" means basic or supplemental
instructional materials that are designed for use by pupils and
teachers as learning resources and that require the availability of
electronic equipment in order to be used as a learning resource.
Technology-based materials include, but are not limited to, software
programs, video disks, compact disks, optical disks, video and
audiotapes, lesson plans, and databases.
   (2) Technology-based materials do not include the electronic
equipment required to make use of those materials, unless that
equipment is to be used by pupils and teachers as a learning
resource. However, this shall not be construed to authorize a school
district to replace computers or related equipment in an existing
computer lab or allow a school district to establish a new computer
lab.
   (3) This subdivision does not relieve a school district of the
obligation to provide pupils with sufficient textbooks or
instructional materials pursuant to paragraph (1) of subdivision (c)
of Section 60119. If a county office of education determines that a
school district is out of compliance with paragraph (1) of
subdivision (c) of Section 60119, that school district is not
authorized to procure electronic equipment pursuant to paragraph (2)
of this subdivision.
   (n) "Test" means a device used to measure the knowledge or
achievement of pupils.
  SEC. 6.  Section 60200.1 of the Education Code is repealed.
  SEC. 7.  Section 60204 of the Education Code is amended to read:
   60204.  The Instructional Quality Commission established pursuant
to Section 33530 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 for English language arts instructional materials
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, the needs of all English learners. The criteria for other
subject areas shall include directions to publishers to incorporate
strategies for English learners that are consistent with the English
language development standards.
   (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) Study and evaluate instructional materials submitted for
adoption.
   (d) Recommend instructional materials for adoption to the state
board.
   (e) 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.
   (f) Advise and make recommendations to the state board, including,
but not limited to, what policies and activities are needed to
implement the state's academic content standards, and bring the state'
s curriculum frameworks, instructional materials, professional
development programs, pupil assessments, and academic accountability
systems into alignment with those standards.
  SEC. 8.  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 May 30,
2013, and May 30, 2014, respectively.
   (b) State board policies shall ensure that the English language
arts 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 core subjects of
mathematics, science, and history-social science.
   (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. 9.  Section 60208 is added to the Education Code, to read:
   60208.  (a) It is the intent of the Legislature to do both of the
following:
   (1) Provide to local educational agencies a process that involves
teachers, and is consistent with the implementation of
standards-based curricula and the principle of local control.
   (2) 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.
   (b) The Superintendent, in collaboration with the state board,
teachers of various grade levels and subject areas, district and
county office of education curriculum administrators selected from
various geographic areas, professional development training experts,
and representatives from postsecondary institutions or other
educational agencies and organizations, as deemed appropriate by the
Superintendent, shall do all of the following:
   (1) Develop criteria to guide the development of model
professional development modules that provide critical information
and strategies to be used as the common core academic content
standards are implemented. The criteria shall be based on the
California Standards for the Teaching Professions and developed in
consideration of the National Staff Development Council's Standards
for Staff Development.
   (2) Develop model professional development modules for teachers,
principals, and school leaders that incorporate, make use of, and
build upon existing professional development programs and
opportunities currently available at the local, state, and national
levels to deepen the understanding of at least all of the following:
   (A) The common core academic content standards.
   (B) Instructional strategies to support the learning of all
pupils, including English learners, pupils with disabilities, and
underperforming pupils.
   (C) Instructional strategies that promote creativity, innovation,
critical thinking, problem solving, collaboration, and communication
skills in all academic content areas.
   (D) The integration of subject content knowledge.
   (E) Instructional leadership and coaching.
   (c) Model professional development modules shall be designed for
delivery through various methods, including, but not limited to,
school-based and web-based delivery.
   (d) The Superintendent shall report to the state board on the
development pursuant to subdivision (b) of the model professional
development modules.
  SEC. 10.  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. 11.  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.
   (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.
   (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.
   (n) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in grades 2 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. 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 include all
of the following:
   (1) A plan for transitioning to a system of high-quality
assessments.
   (2) Alignment with the standards developed pursuant to subdivision
(d) of Section 60605.8.
   (3) Any common assessments aligned with the standards developed
pursuant to subdivision (d) of Section 60605.8.
   (4) 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) Providing for the assessment of English learners using primary
language assessments.
   (8) Ensuring that no aspect of the system creates any bias with
respect to race, ethnicity, culture, religion, gender, or sexual
orientation.
     (9) Incorporating a variety of item types and formats,
including, but not limited to, open-ended responses and
performance-based tasks.
   (10) 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.
   (11) Including the assessment of science and history-social
science in all grade levels at or above grade 4.
   (12) Assessing a pupil's understanding of and ability to use the
technology necessary for success in the 21st century classroom and
workplace.
   (13) Providing for both formative and interim assessments, as
those terms are defined in this chapter, in order to provide timely
feedback for purposes of continually adjusting instruction to improve
learning.
   (14) 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.
   (15) Minimizing testing time while not jeopardizing the validity,
reliability, fairness, or instructional usefulness of the assessment
results.
   (16) Including options for diagnostic assessments for pupils in
grade 2.
   (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.  The State Department of Education shall use federal
carryover funds received pursuant to Title I of the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and any other
available state and federal funds, to implement this act.
  SEC. 14.  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.