BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1521|
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                                 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.

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           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 

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            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.

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           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 

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          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 

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               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, 

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            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

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