BILL NUMBER: AB 484	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 3, 2013
	AMENDED IN SENATE  JUNE 17, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	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, 60607, 60610,
60611, 60612, 60614, 60630, 60640, 60640.2, 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, and 60648.5 to, to repeal Sections 60605.5, 60606, 60643.1,
60643.5, and 60645 of, and to repeal, add, and repeal Section 60649
of, the Education Code, relating to pupil assessments, 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.
   This 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.
   This bill would make conforming and other related changes and
nonsubstantive changes.
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. 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  and
disaggregated  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, pupil representatives, institutions of
higher education, 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 summative 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 are 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, inclusive of alternate assessments, 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 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) "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.
   (t) "Population sampling" means administering assessments to a
representative sample of pupils instead of the entire pupil
population.
   (u) "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.
   (v) "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.
   (w) "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 for ESEA
required and ESEA nonrequired subject areas, 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 and the appropriate policy committees of
the Legislature. 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, pupil
representatives, institutions of higher education, 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 (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 personally identifiable information that includes a
pupil's 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. 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. The Superintendent shall
produce the materials for parents in languages other than English. It
is the intent of the Legislature that the department utilize the
clearinghouse for multilingual documents to meet this requirement.
  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.  (a) The Superintendent shall prepare and  submit
  post on the Internet Web site of the department 
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
Superintendent shall notify the state board and the appropriate
policy and fiscal committees of the Legislature that the annual
report is   available on the Internet Web site
                                of the department. 
   (b) The Superintendent shall  provide   post
 a periodic update on the implementation of CalMAPP21  on
the Internet Web site of the department, and notify the state board
and the appropriate policy and fiscal committees of the Legislature
that the update is available on the Internet Web site of the
department  . 
   (c) The report required by this section simultaneously shall be
made available in an electronic medium on the Internet. 
  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. 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 ESEA required subject area tests to each of its pupils
pursuant to Section 60640.3. As allowable by federal statute,
recently arrived English learner pupils are exempted from taking the
ESEA required 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) 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.
   (g) 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.
   (h) (1) The Superintendent shall apportion funds to school
districts to enable school districts to meet the requirements of
subdivisions (b), (c),  (d),  (f), and (g).
   (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), (f), and (g).
   (3) An adjustment to the amount of funding to be apportioned per
test shall not be valid without the approval of the Director of
Finance. A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment. The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute. The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
   (i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation for
the apportionments made pursuant to paragraph (1) of subdivision (h),
and the payments made to the publishers under the contracts required
pursuant to Section 60643 or subparagraph (C) of paragraph (1) of
subdivision (a) of Section 60605 between the department and the
contractor, are "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202, for the
applicable fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII  B," as
defined in subdivision (e) of Section 41202, for that fiscal year.
   (j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the Superintendent
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
pursuant to Section 60640.
   (k) 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.
   (l) 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.
   (m) 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. 16.  Section 60640.2 of the Education Code is amended to read:

   60640.2.  (a) The department may make available to school
districts and charter schools a primary language assessment aligned
to the English language arts standards adopted pursuant to Section
60605 for assessing pupils who are enrolled in a dual language
immersion program that includes the primary language of the
assessment and who are either nonlimited English proficient or
redesignated fluent English proficient. The cost for the assessment
shall be the same for all school districts and charter schools, and
shall not exceed the marginal cost of the assessment, including any
cost the department incurs to implement this section.
   (b) A school district or charter school that chooses to administer
a primary language assessment pursuant to this section shall do so
at its own expense, and shall enter into an agreement for that
purpose with the testing contractor.
  SEC. 17.  Section 60640.3 is added to the Education Code, to read:
   60640.3.  (a) (1) 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.
   (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
suspended California Standards Test forms, exclusive of the forms
used to satisfy the Early Assessment Program, in the areas of English
language arts and mathematics, may be available for the 2013-14
school year. The suspended California Standards Test forms in ESEA
nonrequired subject areas may be available until the implementation
of CalMAPP21 assessments in the relevant subject areas.  
The suspended California Modified Assessment test forms may be
available for the 2013   -14   school year. The
suspended California Alternate Performance Assessment test forms may
be available until the implementation of an alternate assessment
linked to the common core state standards or the science standards
adopted pursuant to Section 60605.85.  The cost  of
implementing this paragraph  , 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 in writing 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,
personally identifiable 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) and pursuant to subdivision
(c) of Section 60607, 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. 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 subdivision (g) of Section 60640 for ESEA required
subject areas, 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, 60605.7,
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. The
recommendations shall include a plan for test development beginning
in July 2014. The plan also shall include cost estimates and a plan
to  implement the assessments   implement, 
beginning in the 2016-17 school year  , one assessment in each
of the following grade spans:  
   (i) Grades 3 to 5, inclusive.  
   (ii) Grades 6 to 9, inclusive. 
    (iii)     Grades 10 to 12, inclusive 
.
   (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, visual
and performing arts, and other subjects as appropriate, 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  February   August 
1, 2015. The state board-approved plan shall be submitted to the
Governor,  the  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
  September  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 include 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, if appropriate, and the use of population sampling.
   (C) The plan shall include a timeline for test development
beginning in  July 2015   January 2016  .
 The plan shall include cost estimates and a plan to
implement history-social science assessments beginning in the 2018-19
school year.  The plan also shall include cost estimates
for other ESEA nonrequired subject areas, as appropriate.
   (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.  (a) The Superintendent shall consult with stakeholders,
including assessment and English learner experts, to determine the
content and purpose of a stand-alone English language arts summative
assessment in primary languages, languages other than English. The
Superintendent shall consider the appropriate purpose for this
assessment, including, but not necessarily limited to, support for
the State Seal of Biliteracy and accountability. It is the intent of
the Legislature that an assessment developed pursuant to this section
be included in the state accountability system.
   (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.
   (c) The Superintendent shall develop and administer a primary
language assessment no later than the 2016-17 school year.
   (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.
  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 transitioning the Academic Performance Index,
as defined in Section 52052, as California transitions from the STAR
Program to CalMAPP21. The recommendations shall take into account any
suspended assessments to ensure reliability and credibility within
the measure.
  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  valid and reliable  test results to the
department, including, but not  necessarily  limited to,
the  following  electronic  files required pursuant
to this section.   files:  
                                                                 (i)
Scores aggregated by statewide, county, school district, school, and
grade.  
   (ii) Disaggregated scores based on English proficiency status,
gender, ethnicity, socioeconomically disadvantaged, and special
education designation. 
   (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 60645 of the Education Code is repealed.
  SEC. 27.  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  by the state board  every
five years to determine whether adjustments are necessary.
  SEC. 28.  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. 29.  Section 60649 of the Education Code is repealed.
  SEC. 30.  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. Independent evaluation reports shall
be done every three years, and 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. 31.  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. 32.  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. 33.  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.