Amended in Assembly April 17, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 484

Introduced by Assembly Member Bonilla

February 19, 2013

An act to begin delete add Section 60640.3 to end delete begin insert amend Sections 60601, 60602, 60603, 60604, 60605.85, 60607, 60610, 60611, 60612, 60614, 60615, 60630, 60640, 60641, 60642.5, 60643, 60648, 99300, and 99301 of, to amend the heading of Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4 of Title 2 of, to add Sections 60602.5, 60640.3, 60642.6, 60642.7, 60642.8, 60644.3, and 60648.5 to, to repeal Sections 60605.5, 60606, 60640.2, 60643.1, 60643.5, and 60645 of, and to repeal, add, and repeal Section 60649 of, end insert the Education Code, relating to pupil assessments, begin insert making an appropriation therefor, end insert and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 484, as amended, Bonilla. Pupil assessments: begin delete temporary suspension. end delete begin insert California Measurement of Academic Performance and Progress for the 21st Century (CALMAPP21). end insert

(1) Existing law, the Leroy Greene California Assessment of Academic Achievement begin delete Act (hereafter the act), end delete begin insert Act, end insert requires the Superintendent of Public Instruction 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 begin delete act end delete begin insert Leroy Greene California Assessment of Academic Achievement Act end insert inoperative on July 1, 2014, and repeals it on January 1, 2015.

Existing federal law, the No Child Left Behind Act of 2001, contains provisions generally requiring states to adopt performance goals for their public elementary and secondary schools, and to demonstrate that these public schools are making adequate yearly progress, as measured by pupil performance on standardized tests as well as other measures, to satisfy those goals.

Existing law, the Early Assessment Program, establishes a collaborative effort, headed by the California State University, to enable pupils to learn about their readiness for college-level English and mathematics before their senior year of high school.

begin insert

This bill would revise and recast numerous statutes relating to pupil assessment. The bill would establish the California Measurement of Academic Performance and Progress for the 21st Century (CALMAPP21), which would succeed the STAR Program, and specify procedures and policies for CALMAPP21. These provisions would become inoperative on July 1, 2024, and would be repealed on January 1, 2025, except for a specified reporting provision, which would become inoperative and be repealed one year later.

end insert begin delete

This

end delete

begin insert The end insert bill would provide that, notwithstanding any other laws, commencing with the 2013-14 school year, the administration of assessments required as part of the STAR Program would be suspended, except for those assessments in the core subjects necessary to satisfy the adequate yearly progress requirements of the federal No Child Left Behind Act of 2001 in grades 3 to 8, inclusive, and grade 10 begin insert , end insert and those assessments augmented for use as part of the Early Assessment Program in grade 11, until new assessments addressing the common core state standards are developed and implemented.

begin insert

The bill would require unencumbered funds appropriated in a specified item of the Budget Act of 2012 for purposes of California’s pupil testing program to be available during the 2013-14 fiscal year for the development of assessments addressing the common core state standards and next generation science standards to satisfy the assessment requirements of a specified federal statute, thereby making an appropriation.

end insert begin insert

The bill would make conforming and other related changes and nonsubstantive changes.

end insert

(2) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 60601 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60601.  

This chapter shall become inoperative on July 1, begin delete 2014 end delete
begin insert 2024 end insert , and as of January 1, begin delete 2015 end delete begin insert 2025 end insert , is repealed, unless a later
enacted statute that is enacted before January 1, begin delete 2015 end delete begin insert 2025 end insert , deletes
or extends the dates on which it becomes inoperative and is
repealed.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 60602 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60602.  

(a) It is the intent of the Legislature in enacting this
chapter to provide a system of individual assessment of pupils that
has the primary purpose of assisting teachers, administrators,
pupils, and their parents, to improve teaching and learning. In order
to accomplish these goals, the Legislature finds and declares that
California should adopt a coordinated and consolidated testing
program to do all of the following:

(1) First and foremost, provide information on the academic
status and progress of individual pupils to those pupils, their
parents, and their teachers. This information should be designed
to assist in the improvement of teaching and learning in California
public classrooms. The Legislature recognizes that, in addition to
statewide assessments that will occur as specified in this chapter,
school districts will conduct additional ongoing pupil diagnostic
assessment and provide information regarding pupil performance
based on those assessments on a regular basis to parents or
guardians and schools. The Legislature further recognizes that
local diagnostic assessment is a primary mechanism through which
academic strengths and weaknesses are identified.

(2) Develop and adopt a set of statewide academically rigorous
content standards and performance standards in all major subject
areas to serve as the basis for assessing the academic achievement
of individual pupils, as well as for schools, school districts, and
for the California education system as a whole. The performance
standards shall be designed to lead to specific grade level
benchmarks of academic achievement for each subject area tested
within each grade begin delete level end delete begin insert level, end insert and shall be based on the knowledge
and skills that pupils will need in order to succeed in the
information-based, global economy of the 21st century.

(3) Ensure that all assessment procedures, items, instruments,
and scoring systems are independently reviewed to ensure that
they meet high standards of statistical reliability and validity and
that they do not use procedures, items, instruments, or scoring
practices that are racially, culturally, or gender biased.

(4) Provide information to pupils, parents or guardians, teachers,
schools, and school districts on a timely basis so that the
information can be used to further the development of the pupil
and to improve the educational program.

(5) Develop assessments that are comparable to the National
Assessment of Educational Progress and other national and
international assessment efforts, so that California’s local and state
test results are reported in a manner that corresponds to the national
test results. Test results should be reported in terms describing a
pupil’s academic performance in relation to the statewide
academically rigorous content and performance standards adopted
by the begin delete State Board of Education end delete begin insert state board end insert and in terms of
employment skills possessed by the pupil, in addition to being
reported as numerical or percentile scores.

(6) Assess pupils for a broad range of academic skills and
knowledge including both basic academic skills and the ability of
pupils to apply those skills.

(7) Include an appropriate balance of types of assessment
instruments, including, but not limited to, multiple choice
questions, short answer questions, and assessments of applied
academic skills.

(8) Minimize the amount of instructional time devoted to
assessments administered pursuant to this chapter.

(b) It is the intent of the Legislature, pursuant to this article, to
begin a planning and implementation process to enable the
Superintendent begin delete of Public Instruction end delete to accomplish the goals set
forth in this section as soon as feasible.

(c) It is the intent of the Legislature that parents, classroom
teachers, other educators, governing board members of school
districts, and the public be involved, in an active and ongoing basis,
in the design and implementation of the statewide pupil assessment
program and the development of assessment instruments.

(d) It is the intent of the Legislature, insofar as is practically
feasible and following the completion of annual testing, that the
content, test structure, and test items in the assessments that are
part of the Standardized Testing and Reporting Program become
open and transparent to teachers, parents, and pupils, to assist all
the stakeholders in working together to demonstrate improvement
in pupil academic achievement. A planned change in annual test
content, format, or design, should be made available to educators
and the public well before the beginning of the school year in
which the change will be implemented.

(e) It is the intent of the Legislature that the results of the
California Standards Tests be available for use, after appropriate
validation, academic credit, or placement and admissions processes,
or both, at postsecondary educational institutions.

begin insert

(f) This section shall become inoperative on July 1, 2014.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 60602.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60602.5. end insert   

(a) It is the intent of the Legislature in enacting this
chapter to provide a comprehensive assessment system that has
the primary purpose to model and promote high-quality teaching
and learning using a variety of assessment approaches and item
types. The assessments should produce scores that can be
aggregated for the purpose of holding schools and school districts
accountable for the achievement of all their pupils in learning the
California academic content standards. The system includes
assessments or assessment tools for multiple grade levels that
cover the full breadth and depth of the curriculum and promote
the teaching of the full curriculum. In order to accomplish these
goals, the Legislature finds and declares that California should
adopt a coordinated and consolidated testing system to do all of
the following:

(1) Develop and adopt a set of statewide academically rigorous
content standards in all major subject areas to serve as the basis
for modeling and promoting high-quality teaching and learning
activities across the entire curriculum and assessing the academic
achievement of pupils, as well as for schools, school districts, and
for the California education system as a whole. Exclusive of those
assessments established by a multistate consortium, produce
performance standards to be adopted by the state board designed
to lead to specific grade level benchmarks of academic achievement
for each subject area tested within each grade level based on the
knowledge, skills, and processes that pupils will need in order to
succeed in the information-based, global economy of the 21st
century.

(2) Provide information and resources to schools and school
districts to assist with the selection of local benchmark assessments,
diagnostic assessments, and formative tools aligned with the
state-adopted California academic content standards. The
Legislature recognizes the importance of local tools and
assessments used by schools and school districts to monitor pupil
achievement and to identify individual pupil strengths and
weaknesses. The Legislature further recognizes the role the state
may play in leveraging resources to provide schools and school
districts with information and tools for use at their discretion.

(3) Ensure that all assessment procedures, items, instruments,
scoring systems, and results meet high standards of statistical
reliability and validity and that they do not use procedures, items,
instruments, or scoring practices that are racially, culturally,
socioeconomically, or gender biased.

(4) Provide information to pupils, parents and guardians,
teachers, schools, and school districts on a timely basis so the
information can be used to further the development of the pupil
or to improve the educational program. The Legislature recognizes
that the majority of the assessments in the system will generate
individual pupil scores that will provide information on pupil
achievement to pupils, their parents or guardians, teachers,
schools, and school districts. The Legislature further recognizes
that some assessments in the system may solely generate results
at the school, school district, county, or state level for purposes
of improving the education program and promoting the teaching
and learning of the full curriculum.

(5) When administered as a census administration, results
should be reported in terms describing a pupil’s academic
performance in relation to the statewide academically rigorous
content and performance standards and in terms of college and
career readiness skills possessed by the pupil, in addition to being
reported as numerical. When appropriate, the reports should
include a measure of growth that describes a pupil’s current status
in relation to past performance.

(6) Where feasible, administer assessments via technology to
enhance the assessment of challenging content using innovative
item types and to facilitate expedited scoring.

(7) Minimize the amount of instructional time devoted to
assessments administered pursuant to this chapter. It is the intent
of the Legislature that any redundancies in statewide testing be
eliminated as soon as is feasible.

(b) It is the intent of the Legislature, pursuant to this article, to
initiate planning for the implementation process to enable the
Superintendent to accomplish the goals set forth in this section as
soon as feasible.

(c) It is the intent of the Legislature that parents, classroom
teachers, other educators, business community members, and the
public be involved, in an active and ongoing basis, in the design
and implementation of the statewide pupil assessment system and
the development of assessment instruments. The Legislature
recognizes the important role that these stakeholders play in the
success of the statewide pupil assessment system and the
importance of providing them with information and resources
about the new statewide system including the goals and appropriate
uses of the system.

(d) It is the intent of the Legislature, insofar as is practically
and fiscally feasible and following the completion of annual testing,
that the content, test structure, and test items in the assessments
that are part of the statewide pupil assessment system become
open and transparent to teachers, parents, and pupils, to assist
stakeholders in working together to demonstrate improvement in
pupil academic achievement. A planned change in annual test
content, format, or design should be made available to educators
and the public well before the beginning of the school year in
which the change will be implemented.

(e) It is the intent of the Legislature that the results of the
statewide pupil assessments be available for use, after appropriate
validation, for academic credit, or placement and admissions
processes, or both, at postsecondary educational institutions.

(f) This section shall become operative on July 1, 2014.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 60603 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60603.  

As used in this chapter:

begin insert

(a) “Achievement level descriptors” means a narrative
description of the knowledge, skills, and processes expected of
pupils at different grades and at different performance levels on
achievement tests.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “Achievement test” means any standardized test that
measures the level of performance that a pupil has achieved begin delete in the
core curriculum areas end delete begin insert on state-adopted content standards end insert .

begin delete

(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.

end delete begin insert

(c) “California Measurement of Academic Performance and
Progress for the 21st Century” means the comprehensive
assessment system that has the primary purpose of modeling and
promoting high-quality teaching and instruction using a variety
of assessment approaches and item types in both ESEA required
and ESEA nonrequired subject areas.

end insert begin insert

(d) “Census administration” means a test administration in
which all pupils take comparable assessments of the same content
and where results of individual performance are appropriate and
meaningful to parents and teachers.

end insert begin insert

(e) “Consortium” means a multistate collaborative organized
to develop a comprehensive system of assessments or formative
tools such as defined by Section 60605.7.

end insert begin insert

(f) “Constructed-response questions” are a type of assessment
item that require pupils to construct their own answer.

end insert begin delete

(d)

end delete

begin insert (g) end insert  “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.

begin delete

(e)

end delete

begin insert (h) end insert  “Core curriculum areas” means the areas of reading, writing,
mathematics, history-social science, and science.

begin delete

(f)

end delete

begin insert (i) end insert  “Diagnostic assessment” means begin delete interim end delete assessments of begin delete the
current level of achievement of a pupil that serves both of the
following purposes: end delete begin insert particular knowledge or skills a pupil has or
has not yet achieved for the purpose of informing instruction and
making placement decisions. end insert

begin delete

(1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.

end delete begin delete

(2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.

end delete begin delete

(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.

end delete begin delete

(h)

end delete

begin insert (j) end insert  “End of course exam” means a comprehensive and
challenging assessment of pupil achievement in a particular subject
area or discipline.

begin insert

(k) “ESEA nonrequired subject area” means, exclusive of
subject areas required by the federal Elementary and Secondary
Education Act (Public Law 107-110; 20 U.S.C. Sec. 6301 et seq.),
also known as ESEA, the academic content areas and grades for
which there are state-adopted content standards or in areas such
as technology, instances where state-adopted content standards
across the curriculum could be assembled in a meaningful fashion
to create a body of state-adopted content standards for assessment
purposes.

end insert begin insert

(l) “ESEA required subject areas” means the areas and grades
required to be assessed to satisfy the accountability requirements
of the federal Elementary and Secondary Education Act, also
known as ESEA, or any future reauthorization of the ESEA.

end insert begin delete

(i)

end delete

begin insert (m) end insert  “Formative begin delete assessment” end delete begin insert assessment tools” end insert 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.

begin delete

(j)

end delete

begin insert (n) end insert  “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
begin delete open-ended end delete begin insert constructed end insert responses and items that require the
completion of begin delete performance-based end delete begin insert performance end insert tasks. A
high-quality assessment should have the following characteristics:

(1) Enable measurement of pupil achievement and pupil growth
begin insert to the extent feasible end insert .

(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.

begin delete

(k)

end delete

begin insert (o) end insert  “Interim assessment” means an assessment that is begin insert designed
to be end insert given at regular and specified intervals throughout the school
begin delete year, is designed end delete begin insert year end insert 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.

begin insert

(p) “Matrix sampling” means administering different portions
of a single assessment to different groups of pupils for the purpose
of sampling a broader representation of content and reducing
testing time.

end insert begin delete

(l)

end delete

begin insert (q) end insert  “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.

begin delete

(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.

end delete begin insert

(r) “Performance tasks” are a collection of questions or
activities that relate to a single scenario that include pupil
interaction with stimulus. Performance tasks are a means to assess
more complex skills such as writing, research, and analysis.

end insert begin insert

(s) “Population sampling” means administering assessments
to a representative sample of pupils instead of the entire pupil
population.

end insert begin insert

(t) “Recently arrived English learner” means a pupil designated
as an English learner who is in his or her first 12 months of
attending a school in the United States.

end insert begin insert

(u) “State-determined assessment calendar” means the
scheduling of assessments, exclusive of the consortium assessments,
over several years on a predetermined schedule. Content areas
and grades shall only be assessed after being publicly announced
at least two school years in advance of the assessment.

end insert begin insert

(v) “Summative assessment” means an assessment designed to
be given near the end of the school year to evaluate a pupil’s
knowledge and skills relative to a specific set of academic
standards.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 60604 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60604.  

(a) The Superintendent shall design and implement,
consistent with the timetable and plan required pursuant to
subdivision (b), a statewide pupil assessment begin delete program end delete begin insert system end insert
consistent with the testing requirements of this article in accordance
with the objectives set forth in Section begin delete 60602 end delete begin insert 60602.5 end insert . That
begin delete program end delete begin insert system end insert shall include all of the following:

begin delete

(1) A plan for producing valid, reliable, and comparable
individual pupil scores in grades 2 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 to 11,
inclusive.

end delete begin insert

(1) Exclusive of the consortium assessments, a plan for
producing or adopting valid, fair, and reliable achievement tests
of the ESEA required and ESEA nonrequired subject areas as
recommended by the Superintendent and adopted by the state
board pursuant to the California Measurement of Academic
Performance and Progress for the 21st Century (CALMAPP21)
established by Article 4 (commencing with Section 60640).

end insert begin insert

(2) A plan for administering the consortium summative
assessments as outlined by the joint agreement of the consortium.

end insert

(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and begin insert complex end insert 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, begin insert business community members, institutions of
higher education, end insert and the public in all phases of the design and
implementation of the statewide pupil assessment begin delete program end delete begin insert system end insert .

begin insert

(7) A plan for ensuring the security and integrity of the
CALMAPP21 assessments.

end insert begin delete

(7)

end delete

begin insert (8) end insert  The development of a contract or contracts with a begin delete publisher
or publishers, after the approval of statewide academically rigorous
content standards by the state board, end delete begin insert vendor end insert for the development
begin delete of end delete begin insert or administration of achievement tests and end insert performance
standards begin delete 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 end delete begin insert aligned to state-adopted content standards end insert .

(b) The Superintendent shall develop and annually update for
the Legislature a five-year cost projection, implementation plan,
and timetable for implementing the begin delete program end delete begin insert system end insert described in
begin delete subdivision (a) end delete begin insert Section 60640 end insert . 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 begin delete 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 end delete begin insert make resources available
designed to assist with the interpretation and use of the
CALMAPP21 results to promote the use of the results for the
purposes of improving pupil learning and educational programs
across the full curriculum end insert .

begin insert

(d) The Superintendent shall make information and resources
available to the public regarding the CALMAPP21 including, but
not limited to, system goals and purposes and program results and
information on the relationship between performance on the
previous state assessments and the CALMAPP21.

end insert begin delete

(d)

end delete

begin insert (e) end insert  The Superintendent and the state board shall consider
comments and recommendations from begin delete school districts end delete begin insert teachers,
administrators, end insert and the public in the development, adoption, and
approval of assessment instruments.

begin delete

(e)

end delete

begin insert (f) end insert  The results of the achievement begin delete test end delete begin insert tests, exclusive of the
consortium summative assessments, end insert 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.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 60605.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60605.5.  

(a) On or before November 15, 2001, the State Board
of Education shall adopt a performance standards system that
includes the following components:

(1) Performance levels.

(2) Performance level descriptors.

(3) Test administration data from the applicable State Board of
Education adopted tests.

(4) Exemplars of pupil performance that exemplify the content
and performance standards.

(b) The State Board of Education shall ensure that the
performance standards system is aligned to the state’s academically
rigorous content standards.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 60605.85 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60605.85.  

(a) Notwithstanding any other law, the state board
shall adopt science content standards pursuant to the following
requirements:

(1) The Superintendent, in consultation with the state board,
shall convene a group of science experts. The Superintendent shall
ensure that the members of the group of science experts include,
but are not limited to, individuals who are elementary and
secondary science teachers, schoolsite principals, school district
or county office of education administrators, and university
professors. The Superintendent and the group of science experts
shall recommend science content standards for adoption to the
state board and shall utilize the Next Generation Science Standards
as the basis for their deliberations and recommendations to the
state board.

(2) The Superintendent shall hold a minimum of two public
meetings pursuant to the Bagley-Keene Open Meeting Act (Article
9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code) in order for the
public to provide input on the science content standards that would
be recommended pursuant to paragraph (1).

(3) The Superintendent shall present the recommended science
content standards to the state board on or before July 31, 2013.

(4) On or before November 30, 2013, the state board shall adopt,
reject, or modify the science content standards presented by the
Superintendent.

(5) If the state board modifies the science content standards
presented by the Superintendent, it shall provide written reasons
for its modifications in a public meeting. The state board shall
adopt its modifications to the science content standards at a
subsequent public meeting held no later than November 30, 2013.
The public meetings required by this paragraph shall be held
pursuant to the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).

(b) The Superintendent and the state board shall present to the
Governor and the appropriate policy and fiscal committees of the
Legislature a schedule and implementation plan for integrating the
science content standards adopted pursuant to this section into the
state educational system.

begin delete

(c) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 60606 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60606.  

(a) After adopting an assessment of applied academic
skills for use in grades 4, 5, 8, and 10 pursuant to Section 60605,
the state board shall submit the instrument, once designated or
adopted, for review by the Statewide Pupil Assessment Review
Panel, which is hereby established.

(b) The panel shall consist of six members. Three members shall
be appointed by the Governor, one member shall be appointed by
the Senate Committee on Rules, one member shall be appointed
by the Speaker of the Assembly, and one member shall be
appointed by the Superintendent. A majority of the panel shall
consist of parents whose children attend public schools in the state
in kindergarten and grades 1 to 12, inclusive.

(c) Panel members shall serve two-year terms, without
compensation. No panel member shall serve more than two
consecutive terms.

(d) The panel shall review the instrument specified in
subdivision (a) in order to ensure that the content of the instrument
complies with the requirements of Section 60614. Notwithstanding
any other provision of law, the panel may meet in closed session
with a publisher for the purpose of addressing questions and
clarifying issues that relate to ensuring that the content of the
publisher’s test or assessment, as the case may be, complies with
the requirements of Section 60614.

(e) The panel shall report its findings and recommendations to
the state board within 10 days of its receipt of the instrument. If
the panel fails to report within the required 10 days, the test or
assessment shall be deemed acceptable to the panel.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 60607 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60607.  

(a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results
of the achievement test required and administered annually as part
of the begin delete Standardized Testing and Reporting (STAR) Program end delete
begin insert California Measurement of Academic Performance and Progress
for the 21st Century (CALMAPP21) end insert established pursuant to Article
4 (commencing with Section 60640), results of end-of-course
exams he or she has taken, and the vocational education
certification exams he or she chose to take.

(b) It is the intent of the Legislature that school districts and
schools use the results of the academic achievement tests
administered annually as part of begin delete the statewide pupil assessment
program end delete begin insert CALMAPP21 end insert to provide support to pupils and parents or
guardians in order to assist pupils in strengthening their
development as learners, and thereby to improve their academic
achievement and performance in subsequent assessments.

(c) (1) Any pupil results or a record of accomplishment shall
be private, and may not be released to any person, other than the
pupil’s parent or guardian and a teacher, counselor, or administrator
directly involved with the pupil, without the express written consent
of either the parent or guardian of the pupil if the pupil is a minor,
or the pupil if the pupil has reached the age of majority or is
emancipated.

(2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational
institution for the purposes of credit, placement, or admission.

(B) Notwithstanding paragraph (1), the results of an individual
pupil on begin delete the California Standards Test end delete begin insert CALMAPP21 assessments,
inclusive of consortium summative assessments, end insert may be released
to a postsecondary educational institution for the purposes of credit,
placement, or admission.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 60610 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60610.  

At the request of the begin delete State Board of Education, end delete begin insert state
board, end insert and in accordance with rules and regulations that the begin insert state end insert
board may adopt, each county superintendent of schools shall
cooperate with and assist school districts begin insert and charter schools end insert under
his or her jurisdiction in carrying out the testing programs of those
begin insert school end insert districts begin insert and charter schools end insert and other duties imposed on
school districts by this chapter.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 60611 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60611.  

begin delete (a) end delete begin delete   end delete A city, county, city and county, district
superintendent of schools, or principal or teacher of any elementary
or secondary school, including a charter school, shall not carry on
any program begin insert for the sole purpose end insert of begin delete specific end delete begin insert test end insert preparation of
pupils for the statewide pupil assessment begin delete program end delete begin insert system end insert or a
particular test used therein. begin insert Nothing in this section excludes the
use of materials to familiarize pupils with item types or the
computer based testing environment used in the California
Measurement of Academic Performance and Progress for the 21st
Century. end insert

begin delete

(b) A city, county, city and county, district superintendent of
schools, principal, or a teacher of an elementary or secondary
school, including a charter school, may use instructional materials
provided by the department or its agents in the academic
preparation of pupils for the statewide pupil assessment if those
instructional materials are embedded in an instructional program
that is intended to improve pupil learning.

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 60612 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60612.  

Upon adoption or approval of assessments pursuant to
this chapter, the Superintendent begin delete of Public Instruction end delete shall prepare
and make available to parents, teachers, pupils, administrators,
school board members, and the public easily understood materials
describing the nature and purposes of the assessments, the systems
of scoring, and the begin insert valid end insert uses to which the assessments will be put.
begin insert Upon determining that funds are available for this purpose, the
Superintendent shall produce the materials for parents in
languages other than English. end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 60614 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60614.  

Notwithstanding Section 51513, no test, examination,
or assessment given as part of the begin delete statewide pupil assessment
program end delete begin insert California Measurement of Academic Performance and
Progress for the 21st Century end insert shall contain any questions or items
that solicit or invite disclosure of a pupil’s, or his or her parents’
or guardians’, personal beliefs or practices in sex, family life,
morality, or religion nor shall it contain any question designed to
evaluate personal behavioral characteristics, including, but not
limited to, honesty, integrity, sociability, or self esteem.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 60615 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60615.  

Notwithstanding any other begin delete provision of end delete law, begin insert exclusive
of assessments used to meet federal accountability requirements, end insert
a parent’s or guardian’s written request to school officials to excuse
his or her child from any or all parts of the assessments
administered pursuant to this chapter shall be granted. begin insert These
parental requests shall be honored for a full year after receipt. end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 60630 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60630.  

begin delete (a) end delete begin delete   end delete The Superintendent shall prepare and submit an
annual report to the begin delete Legislature and the end delete state board containing an
analysis of the results and test scores of the begin delete assessment of applied
academic skills end delete begin insert summative assessments end insert adopted pursuant to
subdivision (b) of Section 60605. The report simultaneously shall
be made available in an electronic medium on the Internet. begin delete The
analysis may include, but need not be limited to, the following
factors: end delete

begin delete

(1) Financial characteristics, including specially funded
programs.

end delete begin delete

(2) Pupil and parent characteristics.

end delete begin delete

(3) Staff characteristics.

end delete begin delete

(4) Instructional methodologies and materials.

end delete begin delete

(b) School districts shall submit to the department whatever
information the department deems necessary to carry out this
section.

end delete

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert The heading of Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 4.  begin delete Standardized Testing and Reporting Program end delete
begin insert California Measurement of Academic Performance and Progress
for the 21st Century (CALMAPP21) end insert

 

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 60640 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60640.  

(a) There is hereby established the begin delete Standardized Testing
and Reporting Program end delete begin insert California Measurement of Academic
Performance and Progress for the 21st Century end insert , to be known as
begin delete the STAR Program end delete begin insert CALMAPP21 end insert .

(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 begin delete 2 to 11, inclusive, the
standards-based achievement test provided for in Section 60642.5 end delete
begin insert 3 to 8, inclusive, and grade 11, the achievement tests provided for
in Section 60642.5 that are used to satisfy the accountability
requirements of the federal Elementary and Secondary Education
Act ((ESEA) Public Law 107-110; 20 U.S.C. Sec. 6301 et seq.) or
any future reauthorization of the ESEA. As allowable by federal
statute, recently arrived English learner pupils are exempted from
taking the consortium assessment in English language arts end insert . 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 begin delete year, except as necessary to ensure test
security and to meet the final filing date end delete begin insert year. The testing period
established by the state board shall take into consideration the
need of school districts to provide makeup days for pupils who
were absent during testing, as well as the need to schedule testing
on electronic computing devices end insert .

begin delete

(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).

end delete begin insert

(c) From the funds available for that purpose, each school
district, charter school, and county office of education shall
administer ESEA nonrequired subject area achievement tests as
determined by the state board.

end insert begin insert

(d) From the funds available for that purpose, school districts,
charter schools, and county offices of education shall administer
field tests and pilot tests to support the CALMAPP21. These
administrations shall be conducted in a manner to minimize the
testing burden on individual schools.

end insert begin delete

(d)

end delete

begin insert (e) end insert  The governing board of begin delete the end delete begin insert a end insert school district may administer
achievement tests in grades other than those required by
begin delete subdivision (b) end delete begin insert this section end insert as it deems appropriate.

begin delete

(e)

end delete

begin insert (f) end insert  Pursuant to Section begin delete 1412(a)(17) end delete begin insert 1412(a)(16) end insert 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.

begin delete

(f) (1) At the option of the school district, pupils with limited
English proficiency who are enrolled in any of grades 2 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 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 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)

end delete

begin insert (g) end insert  (1) The Superintendent shall apportion funds to school
districts to enable school districts to meet the requirements of
subdivisions (b), begin delete (e), (f), and (g) end delete begin insert (c), and (d) end insert .

(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
begin delete agreements end delete begin insert contracts end insert 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), begin delete (e), (f), and
(g). end delete begin insert (c), and (d). end insert

(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.

begin delete

(i)

end delete

begin insert (h) end insert  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 begin delete (h), end delete begin insert (g), end insert 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.

begin delete

(j)

end delete

begin insert (i) end insert  As a condition to receiving an apportionment pursuant to
subdivision begin delete (h), end delete begin insert (g), end insert a school district shall report to the
Superintendent begin insert via the California Longitudinal Pupil Achievement
Data System end insert all of the following:

(1) The begin delete number of end delete pupils enrolled in the school district in begin insert the end insert
grades begin delete 2 to 11, inclusive end delete begin insert in which assessments were administered
pursuant to subdivision (b) end insert .

(2) The begin delete number of end delete pupils to whom an achievement test was
administered begin delete in grades 2 to 11, inclusive, end delete begin insert pursuant to subdivision
(b) end insert in the school district.

(3) The begin delete number of end delete pupils in paragraph (1) who were exempted
from the test at the request of their parents or guardians.

begin delete

(k)

end delete

begin insert (j) end insert  The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of begin delete the California Standards Tests end delete
begin insert CALMAPP21 end insert , including, but not begin insert necessarily end insert limited to, the
begin delete augmented California Standards Tests end delete begin insert grade 11 consortium
summative assessments in English language arts and mathematics end insert ,
for academic credit, placement, or admissions processes.

begin delete

(l) The

end delete

begin insert (k) end insert begin insert   end insert begin insert Subject to the availability of funds in the annual Budget Act
for this purpose and exclusive of the consortium assessments, the end insert
Superintendent, with the approval of the state board, annually shall
release to the public test items from the begin delete standards-based end delete
achievement tests pursuant to Section 60642.5 administered in
previous years. begin delete The end delete begin insert Where feasible and practicable, the end insert 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.

begin insert

(l) On or before July 1, 2014, Sections 850 to 868, inclusive, of
Title 5 of the California Code of Regulations shall be revised by
the state board to conform to the changes made to this section in
the first year of the 2013-14 Regular Session. The state board
shall adopt initial regulations as emergency regulations to
immediately implement the CALMAPP21 assessments, including,
but not necessarily limited to, the administration, scoring, and
reporting of the tests, as the adoption of emergency regulations is
necessary for the immediate preservation of the public peace,
health, safety, or general welfare within the meaning of Section
11346.1 of the Government Code. The emergency regulations shall
be followed by the adoption of permanent regulations, in
accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 60640.2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60640.2.  

(a) Subject to the approval of the state board, the
department may make available to school districts and charter
schools a primary language assessment developed pursuant to
subparagraph (A) of paragraph (3) of subdivision (f) of Section
60640 for assessing pupils who are enrolled in a dual language
immersion program that includes the primary language of the
assessment and who are either nonlimited English proficient or
redesignated fluent English proficient. The cost for the assessment
shall be the same for all school districts and charter schools, and
shall not exceed the marginal cost of the assessment, including
any cost the department incurs to implement this section.

(b) A school district or charter school that chooses to administer
a primary language assessment pursuant to this section 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.

end delete

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 60640.3 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60640.3. end insert   

(a) (1) (A) Notwithstanding any other law,
commencing with the 2013-14 school year, the administration of
assessments required as part of the Standardized Testing and
Reporting Program shall be suspended, except for those
assessments in the core subjects necessary to satisfy the adequate
yearly progress requirements of the federal No Child Left Behind
Act of 2001 (Public Law 107-110; 20 U.S.C. Sec. 6301 et seq.) in
grades 3 to 8, inclusive, and grade 10, and those assessments
augmented for use as part of the Early Assessment Program
established by Chapter 6 (commencing with Section 99300) of
Part 65 of Division 14 of Title 3 in grade 11, until new assessments
addressing the common core state standards are developed and
implemented.

(B) In the 2014-15 school year, school districts and charter
schools shall receive the same Standardized Testing and Reporting
Program apportionment as was received for the 2013-14 school
year with the requirement that school districts and charter schools
use the funds from the suspended assessments on common core
implementation. These funds may be used for common core
professional development, technology to implement CALMAPP21,
or other activities to aid in the common core implementation.

(2) Commencing with the 2013-14 school year, the department
may make available to school districts and charter schools
suspended Standardized Testing and Reporting Program test forms.
The cost, including, but not necessarily limited to, shipping,
printing, scoring, and reporting per pupil shall be the same for
all school districts and charter schools, and shall not exceed the
marginal cost of the assessment, including any cost the department
incurs to implement this section. A school district or charter school
that chooses to administer an assessment pursuant to this section
shall do so at its own expense, and shall enter into an agreement
for that purpose with a contractor, subject to the approval of the
department.

(b) Notwithstanding any other law, commencing with the
2014-15 school year, all local educational agencies and charter
schools shall administer the consortium assessments in English
language arts and mathematics summative assessments in grades
3 to 8, inclusive, and grade 11, and use these assessments to
replace previously administered Standardized Testing and
Reporting Program assessments in those subject areas to satisfy
the federal accountability requirements of the federal Elementary
and Secondary Education Act (Public Law 107-110; 20 U.S.C.
Sec. 6301 et seq.).

(c) Notwithstanding any other law, the department is authorized
to enter into contracts to implement this section. The contracts are
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.

(d) Sections 850 to 868, inclusive, of Title 5 of the California
Code of Regulations shall be revised by the state board as it deems
necessary to conform with the changes made by the act that adds
this section. The state board shall adopt regulations as emergency
regulations to immediately implement the suspension of certain
Standardized Testing and Reporting Program assessments for the
2013-14 school year as outlined in this section as the adoption of
emergency regulations is necessary for the immediate preservation
of the public peace, health, safety, or general welfare within the
meaning of Section 11346.1 of the Government Code.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 60641 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60641.  

(a) The department shall ensure that school districts
comply with each of the following requirements:

(1) The begin delete standards-based end delete achievement begin delete test end delete begin insert tests end insert provided for in
Section begin delete 60642.5 is end delete begin insert 60640 are end insert scheduled to be administered to all
pupils during the period prescribed in subdivision (b) of Section
60640.

(2)  begin delete The end delete begin insert For assessments that produce individual pupil results,
the end insert individual results of each pupil begin delete test administered end delete begin insert tested end insert pursuant
to Section 60640 shall be begin delete reported, in writing, end delete begin insert reported end insert to the
parent or guardian of the pupil. The begin delete written end delete report shall include a
clear explanation of the purpose of the test, the score of the pupil,
and the intended use by the school district of the test score. This
subdivision does not require teachers or other school district
personnel to prepare individualized explanations of the test score
of each pupil. begin insert It is the intent of the Legislature that nothing in this
section shall preclude a school or school district from meeting the
reporting requirement by the use of electronic media formats that
secure the confidentiality of the pupil and the pupil’s results. end insert

(3) (A)  begin delete The end delete begin insert For assessments that produce individual pupil
results, the end insert individual results of each pupil begin delete test administered end delete begin insert tested end insert
pursuant to Section 60640 also shall be reported to the school and
teachers of a pupil. The school district shall include the test results
of a pupil in his or her pupil records. However, except as provided
in this section, individual pupil test results only may be released
with the permission of either the pupil’s parent or guardian if the
pupil is a minor, or the pupil if the pupil has reached the age of
majority or is emancipated.

(B) Notwithstanding subparagraph (A), a pupil or his or her
parent or guardian may authorize the release of individual pupil
results to a postsecondary educational institution for the purpose
of credit, placement, determination of readiness for college-level
coursework, or admission.

(4) The districtwide, school-level, and grade-level results of begin delete the
STAR Program end delete begin insert CALMAPP21 end insert in each of the grades designated
pursuant to Section 60640, but not the score or relative position
of any individually ascertainable pupil, shall be reported to the
governing board of the school district at a regularly scheduled
meeting, and the countywide, school-level, and grade-level results
for classes and programs under the jurisdiction of the county office
of education shall be similarly reported to the county board of
education at a regularly scheduled meeting.

begin delete

(b) The publisher of the standards-based achievement tests
provided for in Section 60642.5 shall make the individual pupil,
grade, school, school district, and state results available to the
department pursuant to paragraph (9) of subdivision (a) of Section
60643 by August 8 of each year in which the achievement test is
administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25.
The department shall make the grade, school, school district, and
state results available on the Internet by August 15 of each year
in which the achievement test is administered for those schools
for which the last day of test administration, including makeup
days, is on or before June 25.

(c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).

end delete begin insert

(b) The Superintendent shall recommend, and the state board
shall adopt, a calendar for delivery and receipt of summative
assessment results at the pupil, school, grade, district, county, and
state levels. The calendar shall include delivery dates to the
department and to local educational agencies.

end insert begin delete

(d)

end delete

begin insert (c) end insert  The department shall ensure that begin delete a California Standards Test
that is augmented end delete begin insert pupils in grade 11, or parents or legal guardians
of those pupils, may request results from assessments administered
as part of this program end insert for the purpose of determining credit,
placement, or readiness for college-level coursework begin delete of a pupil in
a postsecondary educational institution inform a pupil in grade 11
that he or she may request that the results from that assessment end delete be
released to a postsecondary educational institution.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 60642.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60642.5.  

(a)  begin insert (1) end insert begin insert   end insert The Superintendent, with begin insert the end insert approval of the
state board, shall provide for the development of begin delete an assessment
instrument, to be called the California Standards Tests, 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 the subject areas
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 end delete begin insert assessments or
the designation of assessments, including an alternate assessment
pursuant to Section 60640, that measure the degree to which pupils
are achieving the academically rigorous content standards adopted
by the state board pursuant to Sections 60605, 60605.1, 60605.2,
60605.3, 60605.8, and 60605.85 end insert .

begin insert

(2) For the subject areas of English language arts and
mathematics for grades 3 to 8, inclusive, and grade 11, the
department shall administer consortium summative assessments
pursuant to the consortium administration directions.

end insert begin insert

(3) (A) For science assessments used to satisfy federal
accountability requirements, the Superintendent shall make a
recommendation to the state board within 6 months of the adoption
of science content standards pursuant to Section 60605.85.

end insert begin insert

(B) In consultation with stakeholders, including, but not limited
to, California science teachers, individuals with expertise in
assessing English learners and pupils with disabilities, parents,
and measurement experts, the Superintendent shall make
recommendations regarding the grade level, content, and type of
assessment. The Superintendent shall consider the use of
consortium developed assessments, innovative item types,
computer-based testing, and a timeline for implementation.

end insert begin insert

(4) For ESEA nonrequired subject areas, including, but not
limited to, science, mathematics, history-social science, technology,
and visual and performing arts, the Superintendent shall consult
with stakeholders and subject matter experts to develop a plan for
assessing these content areas in a manner that models high-quality
teaching and learning activities. The plan shall be presented to
the state board for consideration and approval on or before
January 15, 2014. The state board-approved plan shall be
submitted to the Governor, chairs of the education committees in
both houses of the Legislature, and the chairs of the fiscal
committees of both houses of the Legislature no later than March
1, 2015.

end insert begin insert

(A) The plan shall consider the use of various assessment
options, including, but not limited to, computer-based tests, locally
scored performance tasks, and portfolios.

end insert begin insert

(B) The plan shall explore the use of a state-determined
assessment calendar that would schedule the assessment of ESEA
nonrequired subject areas over several years, the use of matrix
sampling, and the use of population sampling.

end insert begin insert

(C) The plan shall include a timeline for implementation and
cost estimates.

end insert begin insert

(D) Upon the appropriation of funding for this purpose, the
Superintendent shall develop and administer ESEA nonrequired
subject area assessments. For each ESEA nonrequired subject
area assessment, the state board shall approve test blueprints,
achievement level descriptors, testing periods, performance
standards, and a reporting plan.

end insert

(b) In approving a contract for the development or administration
of the begin delete California Standards Tests end delete begin insert assessments end insert , the begin insert Superintendent
and the end insert state board shall consider each of the following criteria:

(1) The ability of the contractor to produce valid, reliable
begin delete individual pupil end delete scores.

(2) The ability of the contractor to report results pursuant to
subdivision begin delete (a) end delete begin insert (b) end insert of Section begin delete 60643 by August 8 end delete begin insert 60641 end insert .

(3)  begin delete The end delete begin insert Exclusive of consortium assessments, the end insert ability of the
contractor to ensure alignment between the begin delete standards-based end delete
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.

begin delete

(c) The standards-based achievement tests may use items from
other tests.

end delete

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 60642.6 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60642.6. end insert   

Contingent on the appropriation of funding for this
purpose, the department shall acquire and offer at no cost to school
districts interim and formative assessment tools offered through
the consortium membership pursuant to Section 60605.7.

end insert

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 60642.7 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60642.7. end insert   

Contingent on the appropriation of funding for this
purpose, the Superintendent shall consult with stakeholders,
including assessment and English learner experts, to determine if
stand-alone English language arts and mathematics summative
assessments in primary languages, languages other than English,
are needed to supplement the consortium assessments. If it is
determined that supplemental summative assessments are needed,
the Superintendent shall consider the appropriate uses for these
assessments, including, but not necessarily limited to, support for
the State Seal of Biliteracy and accountability. The Superintendent
shall report to the state board at a public meeting no later than
November 30, 2015, on the determination of the need for
stand-alone academic assessments in primary languages other
than English, including, but not necessarily limited to, summative
assessments in English language arts and mathematics.

end insert

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 60642.8 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60642.8. end insert   

The Superintendent shall make recommendations to
the state board regarding the suitability and sustainability of the
Academic Performance Index, as defined in Section 52052, in the
transition from the STAR Program to CALMAPP21.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 60643 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

begin delete

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)

end delete

begin insert

begin insert 60643. end insert   

end insert

begin insert (a) end insert  Notwithstanding any other law, the begin delete publisher end delete
begin insert contractor or contractors end insert of the begin delete standards-based end delete achievement begin delete test end delete
begin insert tests end insert provided for in Section 60642.5 or any contractor begin insert or
contractors end insert under subdivision begin delete (f) end delete begin insert (b) end insert shall comply with all of the
conditions and requirements begin delete enumerated in subdivision (a), as
applicable, end delete begin insert of the contract end insert to the satisfaction of the begin insert Superintendent
and the end insert state board.

begin delete

(e)

end delete

begin insert (b) end insert  (1) A begin delete publisher end delete begin insert contractor end insert shall not provide a test described
in Section 60642.5 begin delete or 60650 or in subdivision (f) of Section 60640 end delete
for use in California public schools, unless the begin delete publisher end delete begin insert contractor end insert
enters into a written contract with the department as set forth in
this subdivision.

(2) The department shall develop, and the begin insert Superintendent and
the end insert state board shall approve, a contract begin insert or contracts end insert to be entered
into with a begin delete publisher end delete begin insert contractor end insert pursuant to paragraph (1). The
department may develop the contract through negotiations begin delete with
the publisher end delete .

(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 begin delete publisher end delete begin insert contractor end insert 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 begin delete publisher. end delete begin insert contractor. end insert
The total amount withheld pending final completion shall not
exceed 10 percent of the total contract price begin insert for that fiscal year end insert .

(5) The contracts shall require liquidated damages to be paid
by the begin delete publisher end delete begin insert contractor end insert in the amount of up to 10 percent of
the total cost of the contract for any component task that the
begin delete publisher end delete begin insert contractor end insert 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 begin delete publishers end delete begin insert contractors end insert 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 begin delete as required by
paragraph (2) of subdivision (a) end delete .

(B) Test materials production or publication.

(C) Delivery begin insert or electronic distribution end insert of test materials to school
districts.

(D) Test processing, scoring, and analyses.

(E) Reporting of test results to the begin delete school districts end delete begin insert local
educational agencies end insert , including, but not begin insert necessarily end insert 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.

begin delete

(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.

end delete begin delete

(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.

end delete begin delete

(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 to 11, inclusive. Any separate agreement is not within
the scope of the contract specified in this subdivision.

end delete begin delete

(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.

end delete

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 60643.1 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

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.

end delete

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 60643.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60643.5.  

(a) A school shall be reimbursed by the test publisher
selected pursuant to this article for any unexpected expenses
incurred due to scheduling changes that resulted from the late
delivery of testing materials in connection with the STAR Program.

(b) The State Department of Education shall monitor and report
to the State Board of Education regarding the publisher’s
production, processing, and delivery system to ensure that a timely
delivery of testing materials to all schools occurs during the
1999-2000 testing cycle.

end delete

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 60644.3 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60644.3. end insert   

Contingent on the receipt of funding for this purpose,
on or before December 1, 2014, the department shall identify
existing assessments in language arts and mathematics available
for purchase by schools and school districts that are appropriate
for pupils in grade 2 for diagnostic use by classroom teachers.
The purpose of these assessments shall be to aid teachers and to
gain information about the developing language arts and
mathematical skills of pupils in grade 2.

end insert

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 60645 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60645.  

(a) The panel established pursuant to Section 60606
shall review the standards-based achievement test provided for in
Section 60642.5 and items identified in subdivision (d) for
compliance with Section 60614.

(b) Test questions or test content identified by the panel to be
out of compliance with Section 60614 shall be recommended for
deletion or replacement pursuant to subdivision (e) of Section
60606.

(c) The state board shall ensure that any question or content not
in compliance with Section 60614 is deleted from the
standards-based achievement test provided for in Section 60642.5.

(d) If necessary to maintain the requirements of Section 60642.5,
the publisher shall replace deleted test content with revisions that
comply with Section 60614 as required by the state board pursuant
to subdivision (c).

end delete

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 60648 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60648.  

begin delete The end delete begin insert Exclusive of consortium summative assessments,
the end insert Superintendent begin delete of Public Instruction end delete shall recommend, and the
begin delete State Board of Education end delete begin insert state board end insert shall adopt, levels of pupil
performance on begin insert summative end insert achievement tests administered pursuant
to this article in begin delete reading, English language arts, and mathematics end delete
begin insert ESEA required and ESEA nonrequired subject areas end insert at each grade
level. The performance levels shall identify and establish the begin delete level
of performance that is deemed to be the minimum level required
for satisfactory performance in the next grade. These levels of
performance shall only be adopted after the standards-based
achievement tests have been aligned, pursuant to paragraph (2) of
subdivision (a) of Section 60643, to the content and performance
standards adopted by the State Board of Education pursuant to
subdivision (a) of Section 60605 end delete begin insert minimum performance required
for meeting a particular achievement-level expectation. Once
adopted, these standards shall be reviewed every five years to
determine whether adjustments are necessary end insert .

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 60648.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60648.5. end insert   

The department shall administer a survey of local
educational agencies to determine how school districts are
progressing toward implementation of a technology-enabled
assessment system, and update the survey results biannually. The
Superintendent shall make recommendations to the Legislature
on or before January 31, 2014, to identify local educational
agencies’ needs in order to be capable of fully implementing a
technology-enabled assessment system.

end insert

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 60649 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60649.  

On or before March 1, 2001, the Superintendent of
Public Instruction and the State Board of Education shall report
to the Legislature and the Governor on the status of implementation
of this chapter. The report shall include, but not be limited to, the
following:

(a) Description of the actions taken to ensure full coverage of
academic content standards in assessments developed pursuant to
this chapter.

(b) Identification of the types of test items designed to measure
applied academic skills, as defined in subdivision (b) of Section
60603.

(c) The means by which the Superintendent of Public Instruction
and the State Board of Education determine assessments are valid,
reliable, and provide consistent year-to-year comparisons of student
progress, consistent with nationally recognized and accepted test
construction and implementation methodologies, as applicable.

(d) Recommendations to improve the state’s assessment system,
identifying related costs or savings, and increases or decreases in
testing time.

end delete

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 60649 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60649. end insert   

(a) The department shall develop a three-year plan of
activities supporting the continuous improvement of the
assessments developed and administered pursuant to Section
60640. The plan shall include a process for obtaining independent,
objective technical advice and consultation on activities to be
undertaken. Activities may include, but not necessarily be limited
to, a variety of internal and external studies such as validity
studies, alignment studies, studies evaluating test fairness, testing
accommodations, testing policies, reporting procedures, and
consequential validity studies specific to pupil populations such
as English learners and pupils with disabilities.

(b) The department shall contract for a multiyear independent
evaluation of the assessments. Annual independent evaluation
reports shall include, but not necessarily be limited to,
recommendations to improve the quality, fairness, validity, and
reliability of the assessments.

(c) The independent evaluator shall report to the Governor, the
Superintendent, the state board, and the chairs of the education
policy committees in both houses of the Legislature by October 31
each year.

(d) Notwithstanding Section 60601, this section shall become
inoperative on July 1, 2025, and, as of January 1, 2026, is
repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2026, deletes or extends the dates on which
it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 99300 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

99300.  

(a)  begin insert (1) end insert begin insert   end insert The Legislature finds and declares that begin delete in end delete begin insert ,
commencing with the 2014-15 school year and for purposes of
the Early Assessment Program established by this chapter, the
California Standards Test and the augmented California Standards
tests in English language arts and mathematics should be replaced
with the grade 11 consortium assessments in English language
and mathematics. end insert

begin insert (2) end insert begin insert   end insert begin insert The Legislature further finds and declares that, in end insert 2004,
the California State University (CSU) established the Early
Assessment Program (EAP), a collaborative effort among the State
Board of Education, the State Department of Education, and CSU,
to enable pupils to learn about their readiness for college-level
English and mathematics before their senior year of high school.
It is the intent of the Legislature that the office of the Chancellor
of the California Community Colleges, the office of the Chancellor
of the California State University, the State Board of Education,
and the State Department of Education work together to modify
the existing EAP to expand it to include the California Community
Colleges (CCC) so that, beginning in the 2009-10 school year,
high school juniors who are considering attending either system
can take the EAP and receive information in the summer before
their senior year concerning their preparation for college-level
work at both CSU and CCC.

(b) It is also the intent of the Legislature that the existing EAP
student notification system, as currently operated by agreement
between CSU and the State Department of Education, be modified
to do both of the following:

(1) Reassure pupils that they are eligible to attend a community
college and that taking the EAP test has no bearing on their
eligibility to attend a community college.

(2) Inform pupils of their readiness for college-level coursework
in English or mathematics, or both, and recommend the next
appropriate steps as they pertain to achieving success at a
community college, similar to how CSU communicates with pupils
who take the EAP test and are prospective CSU students.

(c) It is also the intent of the Legislature that the EAP be
modified to include all of the following requirements:

(1) That the participating community college districts utilize
the existing EAP secure data repository and clearinghouse for test
score distribution of the begin delete California Standards Test (CST) and the
augmented CST end delete begin insert assessment end insert , as referenced in Section 60641.

(2) That the modified EAP not affect the statutory reporting
requirements begin delete of the STAR Program end delete begin insert provided in Section 60641 end insert , or
increase the costs of either the begin delete STAR Program end delete begin insert assessment program
referenced in Section 60640 end insert or the State Department of Education.

(3) That the modified EAP be titled the “Early Assessment
Program.”

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 99301 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

99301.  

(a) Notwithstanding subdivision (a) of Section 78213,
the individual begin insert assessment end insert results begin delete of the California Standards Test
(CST) and the augmented CST end delete , as referenced in Section 60641,
in addition to any other purposes begin insert , end insert may be used by community
college districts to provide diagnostic advice to, or for the
placement of, prospective community college students participating
in the EAP.

(b) (1) As authorized pursuant to subparagraph (B) of paragraph
(3) of subdivision (a) of Section 60641, the individual begin insert assessment end insert
results begin delete of the CST and the augmented CST end delete , as referenced in Section
60641, shall be provided to the office of the Chancellor of the
California Community Colleges.

(2) The office of the Chancellor of the California Community
Colleges shall coordinate with community college districts that
choose to voluntarily participate in the EAP as follows, and, to the
extent possible, shall accomplish all of the following activities
using existing resources:

(A) Encourage community college districts to choose to
voluntarily participate in the EAP and notify them of the
requirements of subdivision (c), including the requirements that
the standards utilized by CSU to assess readiness for college-level
English and mathematics courses, as expressed in the begin delete CST as
augmented by CSU end delete begin insert assessment referenced in Section 60641 end insert , shall
also be used for the purposes of the EAP.

(B) Coordinate the progress of the program, provide technical
assistance to participating community college districts pursuant
to subdivision (c) as needed, identify additional reporting and
program criteria as needed, and provide a report to the Legislature
and Governor on or before February 15, 2015, on the
implementation and results of the EAP for community college
students.

(C) Provide access to the individual begin delete test end delete begin insert assessment end insert results begin delete of
the CST and the augmented CST end delete , as referenced in Section 60641,
to participating community college districts.

(c) For those community college districts that choose to work
directly with high school pupils within their respective district
boundaries who took the begin delete augmented CST end delete begin insert assessment end insert , as referenced
in Section 60641, and choose to offer assistance to these pupils in
strengthening their college readiness skills, all of the following
provisions apply:

(1) The individual results of the begin delete CST and the augmented CST end delete
begin insert assessment end insert , as referenced in Section 60641, shall be released by
the office of the Chancellor of the California Community Colleges,
as authorized pursuant to subparagraph (B) of paragraph (3) of
subdivision (a) of Section 60641, to participating community
college districts upon their request for this information and may
be used to provide diagnostic advice to prospective community
college students participating in the EAP.

(2) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the same standards utilized by CSU to assess readiness shall
also be used for purposes of this section.

(3) The begin delete augmented CST end delete begin insert assessment, end insert as referenced in Section
60641, and currently utilized by CSU for purposes of early
assessment, shall be used to assess the college readiness of pupils
in the EAP.

(4) Participating community college districts are encouraged to
consult with the Academic Senate for the California Community
Colleges to work toward sequencing their precollegiate level
courses and transfer-level courses in English and mathematics to
the elementary and secondary education academic content standards
adopted pursuant to Section 60605.

(5) Participating community college districts shall identify an
EAP coordinator and shall coordinate with CSU campuses and
schools offering instruction in kindergarten and any of grades 1
to 12, inclusive, in their respective district boundaries on
EAP-related activities that assist pupils in making decisions that
increase their college readiness skills and likelihood of pursuing
a postsecondary education.

(6) In order to provide high school pupils with an indicator of
their college readiness, a community college district participating
in the EAP shall use individual begin delete test end delete begin insert assessment end insert results provided
to that college pursuant to paragraph (1) of, and subparagraph (C)
of paragraph (2) of, subdivision (b) to provide diagnostic advice
to prospective community college students participating in the
EAP.

(7) The individual results of the begin delete augmented CST end delete begin insert assessment end insert ,
as referenced in Section 60641 for purposes of the EAP, shall not
be used by a community college as a criterion for admission.

(8) Participating community college districts shall utilize the
existing infrastructure of academic opportunities, as developed by
CSU, to provide additional preparation in grade 12 for prospective
community college students participating in the EAP.

(d) Both of the following provisions apply to CSU:

(1) The individual results of the begin delete CST and the augmented CST end delete
begin insert assessment end insert , as referenced in Section 60641, as authorized pursuant
to subparagraph (B) of paragraph (3) of subdivision (a) of Section
60641, shall be released to, and in addition to any other purposes
may be used by, CSU to provide diagnostic advice to, or for the
placement of prospective CSU students participating in the EAP.

(2) The individual results of the begin delete augmented CST end delete begin insert assessment end insert ,
as referenced in Section 60641 for purposes of the EAP, shall not
be used by CSU as a criterion for admission.

begin insert

begin insert SEC. 36. end insert   

end insert begin insert

Notwithstanding any other law, funds appropriated
in Schedule 2 of Item 6110-113-0001 of Section 2.00 of the Budget
Act of 2012 (Chapter 21 of the Statutes of 2012), and
unencumbered as of the operative date of the act that adds this
section, shall be available during the 2013-14 fiscal year for the
development of assessments addressing the common core state
standards and the next generation science standards to satisfy the
assessment requirements of the federal Elementary and Secondary
Education Act (Public Law 107-110; 20 U.S.C. Sec. 6301 et seq.).

end insert

begin insert

begin insert SEC. 37. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order for the suspension of assessments, and the other
important education initiatives, required by this act to be in effect
in time for the beginning of the 2013-14 school year, it is necessary
that this act take effect immediately.

end insert

begin delete

SECTION 1.  

Section 60640.3 is added to the Education Code,
to read:

60640.3.  

Notwithstanding any other law, commencing with
the 2013-14 school year, the administration of assessments
required as part of the Standardized Testing and Reporting Program
shall be suspended, except for those assessments in the core
subjects necessary to satisfy the Adequate Yearly Progress
requirements of the federal No Child Left Behind Act of 2001
(Public Law 107-110; 20 U.S.C. Sec. 6301 et seq.) in grades 3 to
8, inclusive, and grade 10 and those assessments augmented for
use as part of the Early Assessment Program established by Chapter
6 (commencing with Section 99300) of Part 65 of Division 14 of
Title 3 in grade 11, until new assessments addressing the common
core state standards are developed and implemented.

SEC. 2.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order for the suspension of assessments required by this act
to be in effect in time for the beginning of the 2013-14 school
year, it is necessary that this act take effect immediately.

end delete