BILL ANALYSIS                                                                                                                                                                                                    Ķ



                                                                  AB 1521
                                                                  Page  1

          Date of Hearing:   March 21, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   AB 1521 (Brownley) - As Amended:  March 14, 2012
           
          SUBJECT  :  Pupil assessment 

           SUMMARY  :  Makes revisions to the state's assessment system by 
          making the standards-aligned primary language assessment 
          available for administration to non-English learners enrolled in 
          dual immersion programs and eliminating various non-federally 
          required assessments, as specified.  Specifically,  this bill  :

          1)Authorizes the California Department of Education (CDE) to 
            make the standards- aligned primary language assessment 
            available to school districts to assess non-English learners 
            and redesignated fluent-English proficient (RFEP) pupils 
            enrolled in dual immersion programs that include the primary 
            language of the assessment.

          2)Requires a school district that chooses to administer a 
            primary language assessment to do so at its own expense and to 
            enter into an agreement with the state testing contractor for 
            this purpose.

          3)Requires the cost for the assessment to be the same for all 
            school districts and prohibits the cost from exceeding the 
            marginal cost of the assessment.  

          4)Eliminates testing under the Standardized Testing and 
            Reporting (STAR) Program in grade 9 for English language arts 
            (ELA) and the following end-of-course assessments: Integrated 
            Math 1-3, and Integrated/Coordinated Science 1-4. 

           EXISTING LAW  requires:

          1)The Superintendent of Public Instruction (SPI), with approval 
            of the State Board of Education (SBE), to provide for the 
            development of an assessment instrument, to be called the 
            California Standards Test (CST) 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 SBE. 









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          2)The standards-based achievement tests to include certain 
            subject areas, as specified, and requires, 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 skills if deemed valid and reliable, and if resources 
            are made available for their use.

          3)A pupil of limited English proficiency, who is enrolled in 
            grades 2 to 11, inclusive, to take a test in his or her 
            primary language if a test is available, and if fewer than 12 
            months have elapsed after his or her initial enrollment in any 
            public or nonpublic school in the state or if the pupil 
            receives instruction in his or her primary language.   

           FISCAL EFFECT  :  Unknown

          COMMENTS  :  This bill eliminates the non -federally required 
          testing under the STAR Program in grade 9 for English language 
          arts, as well as end-of-course assessments in Integrated Math 
          1-3 and Integrated/Coordinated Science 1-4.  Additionally, this 
          bill makes the standards-aligned primary language assessment 
          available to school districts for administration to their 
          non-English learners enrolled in dual immersion programs.

           California's state assessment system  is comprised of three major 
          testing components:

             1)   The Standardized Testing and Reporting (STAR) program, 
               including the California Standards Test (CST), the 
               California Modified Assessment (CMA), the California 
               Alternate Performance Assessment (CAPA), the 
               Standards-based Test in Spanish (STS), and the Early 
               Assessment Program (EAP).  Below is a summary of the 
               various requirements for pupils under the STAR program:  

           ------------------------------------------------ 
          |     Assessment     |    Grade Level Tested     |
          |--------------------+---------------------------|
          |English Language    |           2-11            |
          |Arts                |                           |
          |--------------------+---------------------------|
          |English Language    |           2-11            |
          |Arts CAPA           |                           |
          |--------------------+---------------------------|
          |English Language    |           3-11            |








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          |Arts CMA            |                           |
          |--------------------+---------------------------|
          |Mathematics         |  2-8 and EOC* in grades   |
          |                    |           9-11            |
          |--------------------+---------------------------|
          |Mathematics CAPA    |           2-11            |
          |--------------------+---------------------------|
          |Mathematics CMA     |           3-11            |
          |--------------------+---------------------------|
          |Science             | 5, 8, and EOC* in grades  |
          |                    |           9-11            |
          |--------------------+---------------------------|
          |History-Social      |           8-11            |
          |Science             |                           |
          |--------------------+---------------------------|
          |Primary Language    |2 -11                      |
          |Assessment          |                           |
          |(Spanish)           |                           |
           ------------------------------------------------ 
                              *EOC= End-of-course exam

          2)The high school exit exam for which the California High School 
            Exit Exam (CAHSEE) is the designated exam.  Pupils take the 
            CAHSEE in grade 10 for the first time and can take it up to an 
            additional 2 times in grade 11 and 5 times in grade 12, if the 
            student does not satisfy the requirement for passage.  

          3)The California English Language Development Test (CELDT), 
            which is administered to pupils whose primary language is not 
            English and are identified as English learners (ELs).  The 
            test is administered until ELs are reclassified as fluent 
            English proficient (RFEP). 

          Many elements of the STAR Program are used by California to meet 
          the assessment and accountability requirements of the federal No 
          Child Left Behind Act of 2001 (NCLB).  NCLB requires each state 
          to administer a standards-aligned achievement test in reading 
          and mathematics to all students in grades 3-8 and grade 10; it 
          also requires science testing in grades 5, 8, and 10.  Testing 
          of grade 9 students is not necessary to meet any of these 
          federal requirements.  This bill proposes to eliminate testing 
          pupils in English language arts in grade 9 thus the ELA CST, CMA 
          and CAPA would be eliminated, thereby restoring instructional 
          time for pupils.
            








                                                                  AB 1521
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          The end-of-course integrated assessments in math and science 
          proposed to be eliminated through this bill are not required by 
          federal law nor are they used for federal accountability 
          purposes.  Furthermore, the administration of these assessments 
          have experienced a significant 2/3 decrease over the last four 
          years, according to CDE.  Below is a chart that shows the number 
          of pupils that took these various end-of-course exams in 2011: 

           ----------------------------------------------- 
          |       Assessment        |  Number of pupils   |
          |                         |   tested in 2011    |
          |-------------------------+---------------------|
          |CST Integrated Math 1    |12,018               |
          |-------------------------+---------------------|
          |CST Integrated Math 2    |4,506                |
          |-------------------------+---------------------|
          |CST Integrated Math 3    |732                  |
          |-------------------------+---------------------|
          |CST                      |54,950               |
          |Integrated/Coordinated   |                     |
          |Science 1                |                     |
          |-------------------------+---------------------|
          |CST                      |4,119                |
          |Integrated/Coordinated   |                     |
          |Science 2                |                     |
          |-------------------------+---------------------|
          |CST                      |1,292                |
          |Integrated/Coordinated   |                     |
          |Science 3                |                     |
          |-------------------------+---------------------|
          |CST                      |157                  |
          |Integrated/Coordinated   |                     |
          |Science 4                |                     |
           ----------------------------------------------- 

          Integrated assessments are administered to pupils enrolled in 
          integrated math and/or science courses. These courses 
          incorporate the different disciplines within each subject area.  
          For example, integrated science covers biology, chemistry, 
          physics, and earth science in one course. It should be noted 
          that nothing in this bill would preclude school districts from 
          continuing to offer integrated math and/or science courses.  
          Given the integrated nature of the common core state standards, 
          there is a possibility that integrated assessments will continue 
          to be part of California's assessment system in the future, and 








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          nothing in this bill prohibits the inclusion of such assessments 
          in a future assessment system.  As the state moves to a new set 
          of standards in math and potentially science, there may be 
          opportunities to design high-quality integrated assessments.  

          The author states, "AB 1521 takes a modest step towards 
          streamlining the State's assessment system by eliminating a 
          number of end-of-course exams that are not required by federal 
          law and have in recent years had low student demand.  The 
          elimination of various non-essential assessments will streamline 
          the assessment system, generate cost savings, and restore 
          valuable instructional time."

          Governor Brown has very publicly called for a reduction in the 
          number of assessments that pupils are required to take so as to 
          restore instructional time.  In his State of the State address, 
          the Governor stated. "I believe it is time to reduce the number 
          of tests and get the results to teachers, principals and 
          superintendents in weeks, not months."

          The Superintendent of Public Instruction (SPI) is currently 
          conducting a review and developing recommendations and a plan 
          for the reauthorization of California's assessment system, as 
          required by AB 250, Chapter 608, Statutes of 2011.  The 
          recommendations will guide future work and decisions about 
          California's future assessment system, which will require 
          subsequent legislation.  Some could argue that the elimination 
          of any assessment should wait until the SPI issues 
          recommendations on the assessment system.  However, others may 
          argue that the elimination of few assessments, as proposed by 
          this bill, does not disrupt the work of the SPI nor does it 
          disrupt the existing assessment and accountability system.  

           Standards-based Tests in Spanish (STS)  : SB 1448 (Alpert), 
          Chapter 233, Statutes of 2004, required the development of 
          standards-aligned primary language assessments for English 
          learner pupils.  The CDE began the development of the 
          Standards-based Tests in Spanish (STS) in reading/language arts 
          and mathematics in 2006 and started administering the test in 
          2007 in grades 2-4, inclusive.  In 2008 the STS was administered 
          in grades 2-7, inclusive and beginning in 2009, the STS was 
          administered in grades 2-11, inclusive.  Additionally, algebra 1 
          and geometry end-of-course exams are also available in Spanish.  
          According to CDE's Standardized Testing and Reporting Program: 
          Annual Report to the Legislature, Spanish is the only language 








                                                                  AB 1521
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          for which a primary language test has been designated because no 
          tests for languages other than Spanish have been submitted by 
          bidders to the SBE for consideration in response to requests for 
          submission.  
            
          The STS is currently administered to English learners (ELs) who 
          either receive instruction in their primary language or have 
          been enrolled in a school in the United States (U.S.) for less 
          than 12 months and these tests are administered in addition to 
          the English California Standards Test (CST) in reading/language 
          arts and mathematics.  The STS results are not used for state or 
          federal accountability purposes.  At the option of a school 
          district, the STS can be administered to an EL pupil who has 
          been enrolled in the U.S. for 12 months or more and who is not 
          receiving instruction in his or her primary language.  
          Currently, school districts that operate Spanish/English dual 
          immersion programs are not authorized to administer the STS to 
          native English speakers or to redesignated 
          fluent-English-proficient (RFEP) pupils enrolled in these 
          programs.  The reason behind this is that the intent of 
          developing these tests was to provide English learners a means 
          of demonstrating mastery of the standards in their primary 
          language.  However an argument can be made that these 
          assessments can be a valuable tool to provide information to 
          teachers relative to how native English speakers enrolled in 
          dual immersion programs are doing in acquiring academic content 
          in the Spanish language.  Pupils enrolled in Spanish/English 
          dual immersion programs that start with a 90/10 model in 
          kindergarten and continuing in the program year after year, can 
          find themselves in a situation in which by the time they are 
          required to take the state assessments in grade 2, their 
          dominant academic language is Spanish, yet they have to take the 
          CST in English.  This creates a potential scenario in which 
          these pupils may feel disadvantaged if given an assessment in a 
          language other than the language they are predominantly 
          instructed in.  

          Dual language education programs integrate native English 
          speakers and native speakers of the target language to provide 
          instruction presented through two languages.  Dual language 
          education programs, also known as bilingual immersion, dual 
          language immersion, two-way immersion, or two-way bilingual 
          programs, have the goal of developing bilingualism and 
          biliteracy in English and another language.









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          Allowing English speaking pupils enrolled in dual immersion 
          program to take the primary language assessment does not 
          eliminate the requirement for these pupils to take the CST in 
          English and does not replace it for state accountability 
          purposes, but it rather offers school districts an additional 
          tool to measure progress of these pupils. 
           
          Arguments in support:  The Superintendent of Public Instruction, 
          the sponsor of this bill, writes, "AB 1521 proposes to 
          streamline the state's assessment system by eliminating several 
          high school level assessments that are not federally mandated.  
          California students spend countless hours of their classroom 
          experience taking numerous assessments.  Living in a globally 
          competitive market place, California students need to have as 
          much time as possible to receive instruction and thereby learn 
          the skills that will best equip them for college and careers 
          upon completion of high school.  The elimination of some of the 
          non-federally required assessments will free up some of the 
          hours that students spend taking assessments and allow for more 
          instruction and hands-on learning.  Additionally, the 
          elimination of various non-federally mandated assessments will 
          streamline the assessment system and generate cost savings to 
          the state."  

           Previous legislation  :  AB 250 (Brownley), Chapter 608, Statutes 
          of 2011, establishes a process for the implementation of the 
          common core academic content standards by developing and 
          adopting curriculum frameworks, instructional materials, and 
          professional development opportunities that are aligned to the 
          common core academic content standards and are appropriate for 
          all pupils.  AB 250 also extends the operative date of the 
          Standardized Testing and Reporting program by one year, to July 
          2014 and requires the SPI to develop recommendations and a plan 
          for the reauthorization of the state's assessment system.  

          AB 409 (Alejo) authorizes the administration of a primary 
          language assessment to nonlimited-English-proficient and 
          redesignated fluent-English-proficient (RFEP) pupils enrolled in 
          dual immersion programs.  AB 409 was held in the Senate 
          Appropriations Committee. 

          AB 252 (Coto) of 2007, a substantially similar measure, 
          authorizes the CDE, subject to approval by the SBE and the 
          Department of Finance, to make a primary language assessment 
          available to public schools for use in assessing 








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          nonlimited-English-proficient pupils enrolled in a dual language 
          immersion program that includes the primary language of the 
          assessment.  AB 252 was vetoed by Governor Schwarzenegger with 
          the following veto message: 

          "English-speaking pupils who have voluntarily enrolled in dual 
          language immersion programs are currently required to take the 
          California Standards Test in English.  Therefore, another 
          assessment is not needed to measure their mastery of 
          state-adopted academic content standards in another language. 
          Furthermore, I am concerned that this bill creates significant 
          General Fund cost pressures for the state to develop 
          standards-aligned primary language tests in other languages.  
          Given the state's current fiscal climate it is not prudent for 
          me to enact this measure."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          State Superintendent of Public Instruction (Sponsor)
          California Association for Bilingual Education 
          Californians Together Coalition

          Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Marisol Aviņa / ED. / (916) 319-2087