BILL NUMBER: AB 484 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 17, 2013
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 19, 2013
An act 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 Division 4 of Title 2 of,
to add Sections 60602.5, 60640.3, 60642.6, 60642.7, 60642.8, 60644.3,
and 60648.5 to, to repeal Sections 60605.5, 60606, 60640.2, 60643.1,
60643.5, and 60645 of, and to repeal, add, and repeal Section 60649
of, 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: California
Measurement of Academic Performance and Progress for the 21st Century
(CALMAPP21).
(1) Existing law, the Leroy Greene California Assessment of
Academic Achievement 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 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.
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: 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, 2024, and
as of January 1, 2025, is repealed, unless a later enacted statute
that is enacted before January 1, 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, 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 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 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.
(b) "Achievement test" means any standardized test that measures
the level of performance that a pupil has achieved on state-adopted
content standards.
(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.
(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.
(h) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
(i) "Diagnostic assessment" means assessments of particular
knowledge or skills a pupil has or has not yet achieved for the
purpose of informing instruction and making placement decisions.
(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.
(m) "Formative 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.
(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
constructed responses and items that require the completion of
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.
(o) "Interim assessment" means an assessment that is designed to
be given at regular and specified intervals throughout the school
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.
(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.
(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 system consistent with
the testing requirements of this article in accordance with the
objectives set forth in Section 60602.5. That system shall include
all of the following:
(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 system.
(7) A plan for ensuring the security and integrity of the
CALMAPP21 assessments.
(8) The development of a contract or contracts with a vendor for
the development or administration of achievement tests and
performance standards 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 system described in 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 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.
(e) The Superintendent and the state board shall consider comments
and recommendations from teachers, administrators, and the public in
the development, adoption, and approval of assessment instruments.
(f) The results of the achievement 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.
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.
SEC. 8. SEC. 7. Section 60606 of the
Education Code is repealed.
SEC. 9. SEC. 8. 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 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 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 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. SEC. 9. Section 60610 of
the Education Code is amended to read:
60610. At the request of the 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. SEC. 10. Section 60611 of
the Education Code is amended to read:
60611. 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 test preparation of pupils for the statewide
pupil assessment 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.
SEC. 12. SEC. 11. Section 60612 of
the Education Code is amended to read:
60612. Upon adoption or approval of assessments pursuant to this
chapter, the Superintendent 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. SEC. 12. Section 60614 of
the Education Code is amended to read:
60614. Notwithstanding Section 51513, no test, examination, or
assessment given as part of the 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 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. SEC. 13. Section 60630 of
the Education Code is amended to read:
60630. The Superintendent shall prepare and submit an annual
report to the state board containing an analysis of the results and
test scores of the summative assessments adopted pursuant to
subdivision (b) of Section 60605. The report simultaneously shall be
made available in an electronic medium on the Internet.
SEC. 16. SEC. 14. 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. California Measurement of Academic Performance and
Progress for the 21st Century (CALMAPP21)
SEC. 17. SEC. 15. Section 60640 of
the Education Code is amended to read:
60640. (a) There is hereby established the California Measurement
of Academic Performance and Progress for the 21st Century, to be
known as 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 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. 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) 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.
(e) The governing board of a school district may administer
achievement tests in grades other than those required by this section
as it deems appropriate.
(f) Pursuant to Section 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.
(g) (1) The Superintendent shall apportion funds to school
districts to enable school districts to meet the requirements of
subdivisions (b), (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 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),
(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.
(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 (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.
(i) As a condition to receiving an apportionment pursuant to
subdivision (g), a school district shall report to the Superintendent
via the California Longitudinal Pupil Achievement Data System all of
the following:
(1) The pupils enrolled in the school district in the grades in
which assessments were administered pursuant to subdivision (b).
(2) The pupils to whom an achievement test was administered
pursuant to subdivision (b) in the school district.
(3) The pupils in paragraph (1) who were exempted from the test at
the request of their parents or guardians.
(j) The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of CALMAPP21, including, but not necessarily
limited to, the grade 11 consortium summative assessments in English
language arts and mathematics, for academic credit, placement, or
admissions processes.
(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 achievement tests pursuant
to Section 60642.5 administered in previous years. 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. SEC. 16. Section 60640.2 of
the Education Code is repealed.
SEC. 19. SEC. 17. 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. SEC. 18. 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 achievement tests provided for in Section 60640 are
scheduled to be administered to all pupils during the period
prescribed in subdivision (b) of Section 60640.
(2) For assessments that produce individual pupil results, the
individual results of each pupil tested pursuant to Section 60640
shall be reported to the parent or guardian of the pupil. The 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
electronic media formats that secure the confidentiality of the pupil
and the pupil's results.
(3) (A) For assessments that produce individual pupil results, the
individual results of each pupil 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
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 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.
(c) The department shall ensure that 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 be released to a postsecondary educational institution.
SEC. 21. SEC. 19. 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 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 2015 . 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 assessments, the Superintendent and the state board shall
consider each of the following criteria:
(1) The ability of the contractor to produce valid, reliable
scores.
(2) The ability of the contractor to report results pursuant to
subdivision (b) of Section 60641.
(3) Exclusive of consortium assessments, the ability of the
contractor to ensure alignment between the 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.
SEC. 22. SEC. 20. 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. SEC. 21. 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 2014 , 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. SEC. 22. 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. SEC. 23. Section 60643 of
the Education Code is amended to read:
60643. (a) Notwithstanding any other law, the contractor or
contractors of the achievement tests provided for in Section 60642.5
or any contractor or contractors under subdivision (b) shall comply
with all of the conditions and requirements of the contract to the
satisfaction of the Superintendent and the state board.
(b) (1) A contractor shall not provide a test described in Section
60642.5 for use in California public schools, unless the 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 contractor pursuant to paragraph (1). The department may
develop the contract through negotiations.
(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 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 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 contractor in the amount of up to 10 percent of the total cost of
the contract for any component task that the 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 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.
(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 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.
SEC. 26. SEC. 24. Section 60643.1 of
the Education Code is repealed.
SEC. 27. SEC. 25. Section 60643.5 of
the Education Code is repealed.
SEC. 28. SEC. 26. 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. SEC. 27. Section 60645 of
the Education Code is repealed.
SEC. 30. SEC. 28. Section 60648 of
the Education Code is amended to read:
60648. Exclusive of consortium summative assessments, the
Superintendent shall recommend, and the state board shall adopt,
levels of pupil performance on summative achievement tests
administered pursuant to this article in ESEA required and ESEA
nonrequired subject areas at
each grade level. The performance levels shall identify and establish
the 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. SEC. 29. 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. SEC. 30. Section 60649 of
the Education Code is repealed.
SEC. 33. SEC. 31. 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. SEC. 32. Section 99300 of
the Education Code is amended to read:
99300. (a) (1) The Legislature finds and declares that,
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 declares 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 assessment, as referenced in Section 60641.
(2) That the modified EAP not affect the statutory reporting
requirements provided in Section 60641, or increase the costs of
either the 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. SEC. 33. Section 99301 of
the Education Code is amended to read:
99301. (a) Notwithstanding subdivision (a) of Section 78213, the
individual assessment results, 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, 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 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 assessment results, 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 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 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 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 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 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 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 assessment, as referenced in
Section 60641 for purposes of the EAP, shall not be used by CSU as a
criterion for admission.
SEC. 36. SEC. 34. 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. SEC. 35. 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.