BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1521| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1521 Author: Brownley (D), et al. Amended: 8/24/12 in Senate Vote: 21 SENATE EDUCATION COMMITTEE : 6-0, 6/13/12 AYES: Lowenthal, Alquist, Hancock, Liu, Price, Simitian NO VOTE RECORDED: Runner, Blakeslee, Huff, Vargas, Vacancy SENATE APPROPRIATIONS COMMITTEE : 7-0, 6/25/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg ASSEMBLY FLOOR : 69-5, 5/3/12 - See last page for vote SUBJECT : Standardized Testing and Reporting Program SOURCE : Tom Torlakson, State Superintendent of Public Instruction DIGEST : This bill authorizes the administration of a primary language assessment to pupils enrolled in dual immersion programs who are not limited English proficient or who have been redesignated as fluent English-proficient, and eliminates several high school level tests. Senate Floor Amendments of 8/24/12 delete the provisions of the bill that would have eliminated some end-of-course assessments. CONTINUED AB 1521 Page 2 ANALYSIS : Existing law requires each school district, charter school, and county office of education to administer designated achievement tests to each pupil in grades 2 through 11 as part of the Standardized Testing and Reporting (STAR) Program. Existing law authorizes the STAR program until July 1, 2014. The STAR Program requires pupils to be tested in English language arts, mathematics, science and history-social science at specific grade levels. The STAR Program includes the California Standards Tests (CSTs), the California Alternate Performance Assessment (CAPA) and the California Modified Assessment (CMA) administered to certain pupils with disabilities, and a primary language assessment. Existing law: 1.Requires the California Department of Education (CDE) to develop and adopt primary language assessments that are aligned to the state academic content standards for reading/language arts and mathematics. The primary language assessments developed pursuant to this statute are the Standards-Based Tests in Spanish (STS). 2.Requires a pupil who is limited English proficient and receives instruction in his or her primary language or has been enrolled in a school in the United States for less than 12 months to take the primary language assessment. These pupils must also take the CSTs or the CMA appropriate to the pupil's grade level. 3.Authorizes school districts to administer the primary language assessment to pupils with limited English proficiency (not restricted to pupils who have been in the United States for less than a year or who receive instruction in their primary language). This bill: 1.Authorizes CDE to make a primary language assessment available to school districts and charter schools to assess pupils who are enrolled in a dual language immersion program that includes the primary language of CONTINUED AB 1521 Page 3 the assessment and who: A. Are not limited English proficient. B. Have been redesignated fluent English. 1.Requires a school district or charter school 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 subject to the approval of the CDE. 2.Requires the cost for the assessment to be the same for all school districts and charter schools and prohibits the cost from exceeding the marginal cost of the assessment including any costs the CDE incurs to implement, as specified. Comments According to the Senate Education Committee analysis, currently, school districts that operate Spanish/English dual immersion programs are not authorized to administer the STS to pupils enrolled in a dual immersion program who are not limited English proficient, essentially because the intent of the primary language assessment was to provide English learners a means of demonstrating mastery of the standards in their primary language. The author contends that these assessments can be a valuable tool for teachers to determine how native English speakers enrolled in dual immersion programs are doing in acquiring academic content in the Spanish language. In addition, the author notes that California students can spend numerous hours taking assessments, which can include the CSTs, CMA, CAPA, STS, the Early Assessment Program, the California High School Exit Exam and the California English Language Development Test. According to the author, this bill takes a modest step towards streamlining the State's assessment system by eliminating end-of-course California Standards Tests that are not required by federal law and that have had low demand over the past several years. Elimination of these tests will generate cost savings and restore instructional time. CONTINUED AB 1521 Page 4 End-of-course exams in math and science courses . The chart below outlines the end-of-course exams currently available and administered in high school math and science courses. --------------------------------------------------------- --------------------------------------------------------- This bill proposes elimination of the integrated math and science end-of-course exams. Integrated courses incorporate different disciplines within each subject area. An integrated science course, for example, could cover biology, chemistry, physics, and earth science in one course. According to the CDE, the end-of-course integrated assessments proposed for elimination by this bill have experienced a 2/3 decrease in administration over the last four years. "Assignment of 200" Policy . Beginning with the 2002 Base API, the State Board of Education adopted a methodology to account for students who do not take end-of-course CSTs, first in mathematics and later in science. The methodology, the "assignment of 200," assigned the lowest value (called the performance level weighting factor) of 200 points (Far Below Basic) when calculating a school's API in instances where the student did not take one of these tests. This methodology addressed the fact that the tests are end-of-course exams and not universally-administered to all students within a grade level. The policy goal of the SBE was to provide an incentive for high schools to encourage students to enroll in rigorous, standards-based mathematics and science courses and correspondingly to reduce incentives for high schools to discourage low-performing students from enrolling in these courses. In 2007, the State Board opted to maintain the policy of assigning 200 points but to reduce its impact by lowering the test weights of the end-of-course CSTs. This bill declares the Legislature's intent that the elimination of certain end-of-course assessments by this bill should not result in an "Assignment of 200" when calculating a school's API. Prior Legislation AB 409 (Alejo), 2011, contained provisions identical to those in this bill authorizing the administration of a primary language assessment to pupils enrolled in dual CONTINUED AB 1521 Page 5 immersion programs. AB 409 was passed by this committee in June 2011 by a vote of 9-1, but was ultimately held under submission in the Senate Appropriations Committee. SB 930 (Ducheny), 2010, among other things, would have authorized the administration of the primary language assessment to pupils who are not English learners. SB 930 was vetoed with the following message: The State Board of Education recently adopted the Common Core standards, with additions from California's existing standards. In anticipation of a newly realigned assessment and accountability system, this bill is premature. This bill would require the inclusion of additional components involving primary language assessments, in the current, and any future, assessment and accountability systems. This has the potential to conflict with any of the anticipated larger federal or state efforts on assessments and accountability. Ultimately, I continue to believe that schools should remain focused on providing English Learners with the necessary instruction and support to become English proficient. As an immigrant myself, I believe strongly that learning English as quickly as possible is essential to success in this state and this country. Therefore, I want to ensure that there are no disincentives in our school system to achieving that goal for our English Learner student population. AB 252 (Coto), 2007, made similar provision for the administration of primary language assessment to pupils in dual immersion programs. AB 252 was vetoed with the following 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 CONTINUED AB 1521 Page 6 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/24/12) Tom Torlakson, State Superintendent of Public Instruction (source) Association of School Administrators California Association of Bilingual Education California School Boards Association Californians Together San Francisco Unified School District ARGUMENTS IN SUPPORT : Tom Torlakson, State Superintendent of Public Instruction, states that "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 needs to have as much time as possible to receive instruction and thereby learn the skills that will equip them for college careers, upon completion of high school. The elimination of some of the non-federally required assessments will free up some of the hours students spend taking assessments and allow for more instruction and hands-on learning. Additionally, this elimination will streamline the assessment system and generate cost savings to the state." ASSEMBLY FLOOR : 69-5, 5/3/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Bonnie Lowenthal, Ma, Mendoza, Miller, Mitchell, CONTINUED AB 1521 Page 7 Monning, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Donnelly, Halderman, Logue, Mansoor, Morrell NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger Hernández, Smyth PQ:n 8/24/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED