Amended in Assembly May 24, 2013

Amended in Assembly April 24, 2013

Amended in Assembly April 17, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 484

Introduced by Assembly Member Bonilla

February 19, 2013

An act to amend Sections 60601, 60602, 60603, 60604, 60607, 60610, 60611, 60612, begin delete 60614,60630, end delete begin insert 60614, 60630, end insert 60640, begin insert 60640.2, end insert 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 begin delete , 60640.2 end delete , 60643.1, 60643.5, and 60645 of, and to repeal, add, and repeal Section 60649 of, the Education Code, relating to pupil assessments, begin delete making an appropriation therefor, end delete 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 begin delete (CALMAPP21). end delete begin insert (CalMAPP21). end insert

(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 begin delete (CALMAPP21) end delete begin insert (CalMAPP21) end insert , which would succeed the STAR Program, and specify procedures and policies for begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert . 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.

begin delete

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

end delete

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:  begin delete yes end delete begin insert no end insert . 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, begin insert pupil representatives, institutions of
higher education, end insert 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 begin insert summative end insert 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 begin insert are end insert 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 begin delete are end delete 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.

begin insert

(s) “Personally identifiable information” includes a pupil’s
name and other direct personal identifiers, such as the pupil’s
identification number. Personally identifiable information also
includes indirect identifiers, such as the pupil’s address and
personal characteristics, or other information that would make
the pupil’s identity easily traceable through the use of a single or
multiple data sources, including publicly available information.

end insert begin delete

(s)

end delete

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

begin delete

(t)

end delete

begin insert ( end insert begin insert u) end insert  “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.

begin delete

(u)

end delete

begin insert ( end insert begin insert v) end insert  “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.

begin delete

(v)

end delete

begin insert ( end insert begin insert w) end insert  “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 begin delete (CALMAPP21) end delete begin insert (CalMAPP21) end insert
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
begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert 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
begin insert for ESEA required and ESEA nonrequired subject areas end insert , 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 begin insert and the appropriate policy
committees of the Legislature end insert . 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 begin delete CALMAPP21 end delete
begin insert CalMAPP21 end insert 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 begin delete CALMAPP21 end delete begin insert CalMAPP21, end insert
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
begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert .

(e) The Superintendent and the state board shall consider
comments and recommendations from teachers, administrators,
begin insert pupil representatives, institutions of higher education, end insert 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 60606 of the Education Code is repealed.

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 begin delete (CALMAPP21) end delete begin insert (CalMAPP21) end insert
established pursuant to Article 4 (commencing with Section
60640), results of end-of-course exams he or she has taken, and
the vocational education certification exams he or she chose to
take.

(b) It is the intent of the Legislature that school districts and
schools use the results of the academic achievement tests
administered annually as part of begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert to
provide support to pupils and parents or guardians in order to assist
pupils in strengthening their development as learners, and thereby
to improve their academic achievement and performance in
subsequent assessments.

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

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

(B) Notwithstanding paragraph (1), the results of an individual
pupil on begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert assessments, inclusive of
consortium summative assessments, may be released to a
postsecondary educational institution for the purposes of credit,
placement, or admission.

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. 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. 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. begin delete Upon determining
that funds are available for this purpose, the end delete begin insert The end insert Superintendent
shall produce the materials for parents in languages other than
English. begin insert It is the intent of the Legislature that the department utilize
the clearinghouse for multilingual documents to meet this
requirement. end insert

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. 13.  

Section 60630 of the Education Code is amended to
read:

60630.  

begin insert (a) end insert begin insert   end insert 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. begin delete The report simultaneously shall
be made available in an electronic medium on the Internet. end delete

begin insert

(b) The Superintendent shall provide a periodic update on the
implementation of CalMAPP21.

end insert begin insert

(c) The report required by this section simultaneously shall be
made available in an electronic medium on the Internet.

end insert

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 begin delete (CALMAPP21) end delete begin insert (CalMAPP21) end insert

 

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 begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert .

(b) From the funds available for that purpose, each school
district, charter school, and county office of education shall
administer begin insert ESEA required subject area tests end insert to each of its pupils
in grades 3 to 8, inclusive, and begin delete grade 11, end delete begin insert shall administer end insert the
achievement tests provided for in Section 60642.5 begin delete 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 end delete
begin insert to each of its pupils in grade 11 end insert . 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 begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert .
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.

begin insert

(f) The governing board of a school district may administer a
primary language assessment aligned to the English language arts
standards adopted pursuant to Section 60605 to a pupil identified
as limited English proficient enrolled in any of grades 2 to 11,
inclusive, who either receives instruction in his or her primary
language or has been enrolled in a school in the United States for
more than 12 months until a subsequent primary language
assessment aligned to the common core standards in English
language arts adopted pursuant to Section 60605.8 is developed
pursuant to Section 60642.7. If the governing board of a school
district chooses to administer this assessment, it shall notify the
department in a manner determined by the department.

end insert begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  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.

begin delete

(g)

end delete

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

(2) The state board annually shall establish the amount of
funding to be apportioned to school districts for each test
administered and annually shall establish the amount that each
publisher shall be paid for each test administered under the
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), begin delete and (d) end delete begin insert (f), and (g) end insert .

(3) An adjustment to the amount of funding to be apportioned
per test shall not be valid without the approval of the Director of
Finance. A request for approval of an adjustment to the amount
of funding to be apportioned per test shall be submitted in writing
to the Director of Finance and the chairpersons of the fiscal
committees of both houses of the Legislature with accompanying
material justifying the proposed adjustment. The Director of
Finance is authorized to approve only those adjustments related
to activities required by statute. The Director of Finance shall
approve or disapprove the amount within 30 days of receipt of the
request and shall notify the chairpersons of the fiscal committees
of both houses of the Legislature of the decision.

begin delete

(h)

end delete

begin insert ( end insert begin insert i) end insert  For purposes of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
for the apportionments made pursuant to paragraph (1) of
subdivision begin delete (g) end delete begin insert (h) end insert , and the payments made to the publishers under
the contracts required pursuant to Section 60643 or subparagraph
(C) of paragraph (1) of subdivision (a) of Section 60605 between
the department and the contractor, are “General Fund revenues
appropriated for school districts,” as defined in subdivision (c) of
Section 41202, for the applicable fiscal year, and included within
the “total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII  B,” as defined in subdivision (e) of Section 41202,
for that fiscal year.

begin delete

(i)

end delete

begin insert ( end insert begin insert j) end insert  As a condition to receiving an apportionment pursuant to
subdivision begin delete (g) end delete begin insert (h) end insert , a school district shall report to the
Superintendent begin delete via the California Longitudinal Pupil Achievement
Data System end delete 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 begin delete at the request of their parents or guardians end delete begin insert pursuant to Section
60640 end insert .

begin delete

(j)

end delete

begin insert (k) end insert  The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert , 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.

begin delete

(k)

end delete

begin insert (l) end insert  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.

begin delete

(l)

end delete

begin insert (m) end insert  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 begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert
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).

begin delete

SEC. 16.  

Section 60640.2 of the Education Code is repealed.

end delete

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 60640.2 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60640.2.  

(a)  begin delete Subject to the approval of the state board, the end delete begin insert The end insert
department may make available to school districts and charter
schools a primary language assessment begin delete developed pursuant to
subparagraph (A) of paragraph (3) of subdivision (f) of Section
60640 end delete begin insert aligned to the English language arts standards adopted
pursuant to Section 60605 end insert 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 begin delete with the state testing contractor, as described in
subparagraph (C) of paragraph (3) of subdivision (f) of Section
60640, subject to the approval of end delete begin insert with end insert the department.

SEC. 17.  

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

60640.3.  

(a) (1)  begin delete (A) end delete begin delete   end delete 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.

begin delete

(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.

end delete

(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. 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 begin insert in writing end insert 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,
begin delete individual end delete begin insert personally identifiable end insert 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) begin insert and pursuant to
subdivision (c) of Section 60607 end insert , a pupil or his or her parent or
guardian may authorize the release of individual pupil results to a
postsecondary educational institution for the purpose of credit,
placement, determination of readiness for college-level coursework,
or admission.

(4) The districtwide, school-level, and grade-level results of
begin delete CALMAPP21 end delete begin insert CalMAPP21 end insert in each of the grades designated
pursuant to Section 60640, but not the score or relative position
of any individually ascertainable pupil, shall be reported to the
governing board of the school district at a regularly scheduled
meeting, and the countywide, school-level, and grade-level results
for classes and programs under the jurisdiction of the county office
of education shall be similarly reported to the county board of
education at a regularly scheduled meeting.

(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. 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. begin insert The
recommendations shall include a plan for test development
beginning in July 2014, including cost estimates for the
development and implementation of these assessments. end insert

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

(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, 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 begin insert test development
beginning in July 2015, end insert implementation begin insert , end insert 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. 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. 21.  

Section 60642.7 is added to the Education Code, to
read:

60642.7.  

begin delete Contingent on the appropriation of funding for this
purpose, the end delete begin insert (a) end insert begin insert   end insert begin insert The end insert Superintendent shall consult with
stakeholders, including assessment and English learner experts,
to determine if begin insert the content and purpose of a end insert stand-alone English
language arts begin delete and mathematics end delete summative begin delete assessments end delete begin insert assessment end insert
in primary languages, languages other than English, are needed to
supplement the consortium assessments. begin delete If it is determined that
supplemental summative assessments are needed, the end delete begin insert The end insert
Superintendent shall consider the appropriate begin delete uses for these
assessments end delete begin insert use for this assessment end insert , including, but not necessarily
limited to, support for the State Seal of Biliteracy and
accountability. begin delete The Superintendent shall report to the state board
at a public meeting no later than November 30, 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. end delete begin insert It is the intent of the Legislature that an
assessment developed pursuant to this section be included in the
state accountability system. end insert

begin insert

(b) The Superintendent shall report and make recommendations
to the state board at a regularly scheduled public meeting no later
than November 30, 2014, regarding an implementation timeline
and estimated costs of a stand-alone English language arts
summative assessment in primary languages other than English.

end insert begin insert

(c) The Superintendent shall develop and administer a primary
language assessment no later than the 2016-17 school year.

end insert begin insert

(d) This section shall be operative only to the extent that funding
is provided in the annual budget act or another statute for the
purpose of this section.

end insert

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 begin delete the suitability and sustainability of the end delete begin insert a
transitional end insert Academic Performance Index, as defined in Section
52052, begin delete in the transition end delete begin insert as California transitions end insert from the STAR
Program to begin delete CALMAPP21 end delete . begin insert CalMAPP21. The recommendations
shall take into account any suspended assessments to ensure
credibility within the measure. end insert

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. 24.  

Section 60643.1 of the Education Code is repealed.

SEC. 25.  

Section 60643.5 of the Education Code is repealed.

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. 27.  

Section 60645 of the Education Code is repealed.

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. 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. 30.  

Section 60649 of the Education Code is repealed.

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. begin delete Annual independent evaluation
reports end delete begin insert Independent evaluation reports shall be done every three
years, and end insert 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. 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. 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.

begin delete

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.).

end delete

begin delete SEC. 35. end delete
begin insert SEC. 34. end insert   

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

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.