BILL NUMBER: AB 484 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2013
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 19, 2013
An act to add Section 60640.3 to 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 Divisi on 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, the Education Code, relating to pupil
assessments, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 484, as amended, Bonilla. Pupil assessments: temporary
suspension. California Measurement of Academic
Performance and Progress for the 21st Century (CALMAPP21).
(1) Existing law, the Leroy Greene California Assessment of
Academic Achievement Act (hereafter the act),
Act, 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 act
Leroy Greene California Assessment of Academic Achievement Act
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.
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.
This
The 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 , 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.
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.
The bill would make conforming and other related changes and
nonsubstantive changes.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no yes .
Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60601 of the
Education Code is amended to read:
60601. This chapter shall become inoperative on July 1,
2014 2024 , and as of January 1, 2015
2025 , is repealed, unless a later enacted
statute that is enacted before January 1, 2015
2025 , deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 2. Section 60602 of the Education
Code is amended to read:
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 level level, 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 State Board of Education state
board 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 of Public Instruction 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.
(f) This section shall become inoperative on July 1, 2014.
SEC. 3. Section 60602.5 is added to the
Education Code , to read:
60602.5. (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.
SEC. 4. Section 60603 of the
Education Code is amended to read:
60603. As used in this chapter:
(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.
(a)
(b) "Achievement test" means any standardized test that
measures the level of performance that a pupil has achieved
in the core curriculum areas on state-adopted content
standards .
(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.
(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.
(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.
(e) "Consortium" means a multistate collaborative organized to
develop a comprehensive system of assessments or formative tools such
as defined by Section 60605.7.
(f) "Constructed-response questions" are a type of assessment item
that require pupils to construct their own answer.
(d)
(g) "Content standards" means the specific academic
knowledge, skills, and abilities that all public schools in this
state are expected to teach and all pupils expected to learn in each
of the core curriculum areas, at each grade level tested.
(e)
(h) "Core curriculum areas" means the areas of reading,
writing, mathematics, history-social science, and science.
(f)
(i) "Diagnostic assessment" means interim
assessments of the current level of achievement of
a pupil that serves both of the following purposes:
particular knowledge or skills a pupil has or has not yet achieved
for the purpose of informing instruction and making placement
decisions.
(1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
(2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
(g) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
(h)
(j) "End of course exam" means a comprehensive and
challenging assessment of pupil achievement in a particular subject
area or discipline.
(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.
(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.
(i)
(m) "Formative assessment"
assessment tools" means assessment tools and processes that are
embedded in instruction and are used by teachers and pupils to
provide timely feedback for purposes of adjusting instruction to
improve learning.
(j)
(n) "High-quality assessment" means an assessment
designed to measure a pupil's knowledge of, understanding of, and
ability to apply critical concepts through the use of a variety of
item types and formats, including, but not limited to, items that
allow for open-ended constructed
responses and items that require the completion of
performance-based performance tasks.
A high-quality assessment should have the following characteristics:
(1) Enable measurement of pupil achievement and pupil growth
to the extent feasible .
(2) Be of high technical quality by being valid, reliable, fair,
and aligned to standards.
(3) Incorporate technology where appropriate.
(4) Include the assessment of pupils with disabilities and English
learners.
(5) Use, to the extent feasible, universal design principles, as
defined in Section 3 of the federal Assistive Technology Act of 1998
(29 U.S.C. Sec. 3002) in its development and administration.
(k)
(o) "Interim assessment" means an assessment that is
designed to be given at regular and specified intervals
throughout the school year, is designed year
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.
(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.
(l)
(q) "Performance standards" are standards that define
various levels of competence at each grade level in each of the
curriculum areas for which content standards are established.
Performance standards gauge the degree to which a pupil has met the
content standards and the degree to which a school or school district
has met the content standards.
(m) "Publisher" means a commercial publisher or any other public
or private entity, other than the department, which is able to
provide tests or test items that meet the requirements of this
chapter.
(n) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in grades 2 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment of basic academic
skills and applied academic skills, administered to pupils in grade
levels specified in subdivision (c) of Section 60605, required by
this chapter in all schools within each school district by means of
tests designated by the state board.
(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.
(s) "Population sampling" means administering assessments to a
representative sample of pupils instead of the entire pupil
population.
(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.
(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.
(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.
SEC. 5. Section 60604 of the Education
Code is amended to read:
60604. (a) The Superintendent shall design and implement,
consistent with the timetable and plan required pursuant to
subdivision (b), a statewide pupil assessment program
system consistent with the testing requirements
of this article in accordance with the objectives set forth in
Section 60602 60602.5 . That
program system shall include all of the
following:
(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.
(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).
(2) A plan for administering the consortium summative assessments
as outlined by the joint agreement of the consortium.
(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and complex 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, business community members, institutions of
higher education, and the public in all phases of the design
and implementation of the statewide pupil assessment program
system .
(7) A plan for ensuring the security and integrity of the
CALMAPP21 assessments.
(7)
(8) The development of a contract or contracts with a
publisher or publishers, after the approval of statewide
academically rigorous content standards by the state board,
vendor for the development of or
administration of achievement tests and performance
standards 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 aligned to state-adopted content
standards .
(b) The Superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan, and
timetable for implementing the program system
described in subdivision (a) Section
60640 . 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 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 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 .
(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.
(d)
(e) The Superintendent and the state board shall
consider comments and recommendations from school districts
teachers, administrators, and the public in the
development, adoption, and approval of assessment instruments.
(e)
(f) The results of the achievement test
tests, exclusive of the consortium summative
assessments, 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.
SEC. 6. Section 60605.5 of the
Education Code is repealed.
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.
SEC. 7. Section 60605.85 of the
Education Code is amended to read:
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.
(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.
SEC. 8. Section 60606 of the Education
Code is repealed.
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.
SEC. 9. Section 60607 of the Education
Code is amended to read:
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 Standardized Testing and Reporting (STAR) Program
California Measurement of Academic Performance and
Progress for the 21st Century (CALMAPP21) 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 the statewide pupil
assessment program CALMAPP21 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 the California Standards Test
CALMAPP21 assessments, inclusive of consortium summative assessments,
may be released to a postsecondary educational institution for
the purposes of credit, placement, or admission.
SEC. 10. Section 60610 of the Education
Code is amended to read:
60610. At the request of the State Board of Education,
state board, and in accordance with rules and
regulations that the state board may adopt, each county
superintendent of schools shall cooperate with and assist school
districts and charter schools under his or her
jurisdiction in carrying out the testing programs of those
school districts and charter schools and other duties
imposed on school districts by this chapter.
SEC. 11. Section 60611 of the Education
Code is amended to read:
60611. (a) 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 for the sole purpose
of specific test preparation of
pupils for the statewide pupil assessment program
system or a particular test used therein. 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.
(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.
SEC. 12. Section 60612 of the Education
Code is amended to read:
60612. Upon adoption or approval of assessments pursuant to this
chapter, the Superintendent of Public Instruction
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 valid uses to
which the assessments will be put. Upon determining that funds
are available for this purpose, the Superintendent shall produce the
materials for parents in languages other than English.
SEC. 13. Section 60614 of the Education
Code is amended to read:
60614. Notwithstanding Section 51513, no test, examination, or
assessment given as part of the statewide pupil assessment
program California Measurement of Academic Performance
and Progress for the 21st Century 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.
SEC. 14. Section 60615 of the Education
Code is amended to read:
60615. Notwithstanding any other provision of
law, exclusive of assessments used to meet federal
accountability requirements, 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. These parental requests shall be honored for a
full year after receipt.
SEC. 15. Section 60630 of the Education
Code is amended to read:
60630. (a) The
Superintendent shall prepare and submit an annual report to the
Legislature and the state board containing an
analysis of the results and test scores of the assessment of
applied academic skills summative assessments
adopted pursuant to subdivision (b) of Section 60605. The report
simultaneously shall be made available in an electronic medium on
the Internet. The analysis may include, but need not be
limited to, the following factors:
(1) Financial characteristics, including specially funded
programs.
(2) Pupil and parent characteristics.
(3) Staff characteristics.
(4) Instructional methodologies and materials.
(b) School districts shall submit to the department whatever
information the department deems necessary to carry out this section.
SEC. 16. The heading of Article 4 (commencing with
Section 60640) of Chapter 5 of Part 33 of Division 4 of
Title 2 of the Education Code is amended to
read:
Article 4. Standardized Testing and Reporting Program
California Measurement of Academic Performance and
Progress for the 21st Century (CALMAPP21)
SEC. 17. Section 60640 of the Education
Code is amended to read:
60640. (a) There is hereby established the Standardized
Testing and Reporting Program California Measurement
of Academic Performance and Progress for the 21st Century , to
be known as the STAR Program CALMAPP21
.
(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 2 to 11,
inclusive, the standards-based achievement test provided for in
Section 60642.5 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 . 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 year,
except as necessary to ensure test security and to meet the final
filing date 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 .
(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).
(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.
(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.
(d)
(e) The governing board of the
a school district may administer achievement tests in grades
other than those required by subdivision (b)
this section as it deems appropriate.
(e)
(f) Pursuant to Section 1412(a)(17)
1412(a)(16) 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.
(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)
(g) (1) The Superintendent shall apportion funds to
school districts to enable school districts to meet the requirements
of subdivisions (b), (e), (f), and (g) (c),
and (d) .
(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 agreements
contracts 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), (e),
(f), and (g). (c), and (d).
(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.
(i)
(h) 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 (h), (g), 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.
(j)
(i) As a condition to receiving an apportionment
pursuant to subdivision (h), (g), a
school district shall report to the Superintendent via the
California Longitudinal Pupil Achievement Data System all of
the following:
(1) The number of pupils enrolled in the school
district in the grades 2 to 11, inclusive
in which assessments were administered pursuant to
subdivision (b) .
(2) The number of pupils to whom an achievement
test was administered in grades 2 to 11, inclusive,
pursuant to subdivision (b) in the school
district.
(3) The number of pupils in paragraph (1) who
were exempted from the test at the request of their parents or
guardians.
(k)
(j) The Superintendent and the state board are
authorized and encouraged to assist postsecondary educational
institutions to use the assessment results of the California
Standards Tests CALMAPP21 , including, but not
necessarily limited to, the augmented California
Standards Tests grade 11 consortium summative
assessments in English language arts and mathematics , for
academic credit, placement, or admissions processes.
(l) The
(k) Subject to the availability of funds
in the annual Budget Act for this purpose and exclusive of the
consortium assessments, the Superintendent, with the
approval of the state board, annually shall release to the public
test items from the standards-based achievement
tests pursuant to Section 60642.5 administered in previous years.
The Where feasible and practicable, the
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.
(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).
SEC. 18. Section 60640.2 of the
Education Code is repealed.
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.
SEC. 19. Section 60640.3 is added to the
Education Code , to read:
60640.3. (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.
SEC. 20. Section 60641 of the Education
Code is amended to read:
60641. (a) The department shall ensure that school districts
comply with each of the following requirements:
(1) The standards-based achievement
test tests provided for in Section
60642.5 is 60640 are scheduled to be
administered to all pupils during the period prescribed in
subdivision (b) of Section 60640.
(2) The For assessments that produce
individual pupil results, the individual results of each pupil
test administered tested pursuant to
Section 60640 shall be reported, in writing,
reported to the parent or guardian of the pupil. The
written 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. 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 elect ronic media formats that
secure the confidentiality of the pupil and the pupil's results.
(3) (A) The For assessments that produce
individual pupil results, the individual results of each pupil
test administered tested
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
the STAR Program CALMAPP21
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.
(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).
(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.
(d)
(c) The department shall ensure that a
California Standards Test that is augmented pupils in
grade 11, or parents or legal guardians of those pupils, may request
results from assessments administered as part of this program
for the purpose of determining credit, placement, or readiness for
college-level coursework 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 be released
to a postsecondary educational institution.
SEC. 21. Section 60642.5 of the
Education Code is amended to read:
60642.5. (a) (1) The Superintendent, with
the approval of the state board, shall provide for the
development of 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 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 .
(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.
(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.
(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.
(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.
(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.
(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.
(C) The plan shall include a timeline for implementation and cost
estimates.
(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.
(b) In approving a contract for the development or administration
of the California Standards Tests assessments
, the Superintendent and the state board shall
consider each of the following criteria:
(1) The ability of the contractor to produce valid, reliable
individual pupil scores.
(2) The ability of the contractor to report results pursuant to
subdivision (a) (b) of Section
60643 by August 8 60641 .
(3) The Exclusive of consortium
assessments, the ability of the contractor to ensure alignment
between the standards-based 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.
(c) The standards-based achievement tests may use items from other
tests.
SEC. 22. Section 60642.6 is added to the
Education Code , to read:
60642.6. 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.
SEC. 23. Section 60642.7 is added to the
Education Code , to read:
60642.7. 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.
SEC. 24. Section 60642.8 is added to the
Education Code , to read:
60642.8. 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.
SEC. 25. Section 60643 of the Education
Code is amended to read:
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)
60643. (a) Notwithstanding any other law,
the publisher contractor or contractors
of the standards-based achievement test
tests provided for in Section 60642.5 or any
contractor or contractors under subdivision (f)
(b) shall comply with all of the conditions and
requirements enumerated in subdivision (a), as applicable,
of the contract to the satisfaction of the
Superintendent and the state board.
(e)
(b) (1) A publisher contractor
shall not provide a test described in Section 60642.5
or 60650 or in subdivision (f) of Section 60640 for use in
California public schools, unless the publisher
contractor enters into a written contract with the
department as set forth in this subdivision.
(2) The department shall develop, and the Superintendent and
the state board shall approve, a contract or contracts
to be entered into with a publisher
contractor pursuant to paragraph (1). The department may
develop the contract through negotiations with the publisher
.
(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 publisher contractor 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
publisher. contractor. The total amount
withheld pending final completion shall not exceed 10 percent of the
total contract price for that fiscal year .
(5) The contracts shall require liquidated damages to be paid by
the publisher contractor in the amount
of up to 10 percent of the total cost of the contract for any
component task that the publisher contractor
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 publishers contractors 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 as required by
paragraph (2) of subdivision (a) .
(B) Test materials production or publication.
(C) Delivery or electronic distribution of test
materials to school districts.
(D) Test processing, scoring, and analyses.
(E) Reporting of test results to the school districts
local educational agencies , including, but not
necessarily 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.
(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.
(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.
(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.
(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.
SEC. 26. Section 60643.1 of the
Education Code is repealed.
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.
SEC. 27. Section 60643.5 of the
Education Code is repealed.
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.
SEC. 28. Section 60644.3 is added to the
Education Code , to read:
60644.3. 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.
SEC. 29. Section 60645 of the Education
Code is repealed.
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).
SEC. 30. Section 60648 of the Education
Code is amended to read:
60648. The Exclusive of consortium
summative assessments, the Superintendent of Public
Instruction shall recommend, and the State Board
of Education state board shall adopt, levels of
pupil performance on summative achievement tests
administered pursuant to this article in reading, English
language arts, and mathematics ESEA required and ESEA
nonrequired subject areas at each grade level. The performance
levels shall identify and establish the 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
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 .
SEC. 31. Section 60648.5 is added to the
Education Code , to read:
60648.5. 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.
SEC. 32. Section 60649 of the Education
Code is repealed.
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.
SEC. 33. Section 60649 is added to the
Education Code , to read:
60649. (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.
SEC. 34. Section 99300 of the Education
Code is amended to read:
99300. (a) (1) The Legislature finds and
declares that in , 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.
(2) The Legislature further finds and
de clares that, in 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 California Standards Test (CST) and the
augmented CST assessment , as referenced in
Section 60641.
(2) That the modified EAP not affect the statutory reporting
requirements of the STAR Program provided in
Section 60641 , or increase the costs of either the
STAR Program assessment program referenced in Section
60640 or the State Department of Education.
(3) That the modified EAP be titled the "Early Assessment Program."
SEC. 35. Section 99301 of the Education
Code is amended to read:
99301. (a) Notwithstanding subdivision (a) of Section 78213, the
individual assessment results of the California
Standards Test (CST) and the augmented CST , as referenced
in Section 60641, in addition to any other purposes , 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
assessment results of the CST and the augmented CST
, 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 CST as augmented by
CSU assessment referenced in Section 60641 ,
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 test
assessment results of the CST and the
augmented CST , 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 augmented CST
assessment , 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 CST and the augmented
CST assessment , 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 augmented CST assessment, 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 test
assessment 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 augmented CST
assessment , 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 CST and the augmented
CST assessment , 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 augmented CST
assessment , as referenced in Section 60641 for purposes
of the EAP, shall not be used by CSU as a criterion for admission.
SEC. 36. 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.).
SEC. 37. 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, 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.
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.