Amended in Senate September 4, 2013

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

California Legislature—2013–14 Regular Session

Assembly Bill No. 484

Introduced by Assembly Member Bonilla

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(Coauthor: Senator Steinberg)

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February 19, 2013

An act to amend Sections begin insert 52052, end insert 60601, begin delete 60602, end delete 60603, 60604, 60607, 60610, 60611, 60612, begin delete 60614, end delete 60630, 60640, begin delete 60640.2, end delete 60641, begin delete 60642.5, end delete 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, begin insert to amend and repeal Section 60602 of, end insert to add Sections 60602.5, begin delete 60640.3, end delete 60642.6, begin delete 60642.7, 60642.8, end delete begin insert 60643.6, end insert 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 begin delete assessments, and declaring the urgency thereof, to take effect immediately. end delete begin insert assessments. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 484, as amended, Bonilla. Pupil assessments: begin delete California end delete Measurement of Academic Performance and Progress begin delete for the 21st Century (CalMAPP21). end delete begin insert (MAPP). end insert

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(1) Existing

end delete begin insert

Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop an Academic Performance Index (API) to measure the performance of schools and school districts, especially the academic performance of pupils.

end insert

begin insert Existing end insert law, the Leroy Greene California Assessment of Academic Achievement Act, requires the Superintendent begin delete of Public Instruction end delete 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 begin insert and the California Standards Tests end insert . 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.

begin insert

Existing law requires the Superintendent, with approval of the state board, to develop the California Standards Tests, to measure the degree to which pupils are achieving academically rigorous content standards and performance standards, as provided.

end insert

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.

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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.

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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.

end delete begin insert

This bill would, for the 2013-14 and 2014-15 school years, upon approval of the state board, authorize the Superintendent to not provide an API score to a school or school district due to a determination by the Superintendent that a transition to new standards-based assessments would compromise comparability of results across schools or school districts.

end insert begin insert

The bill would extend the duration of the provisions of the Leroy Greene California Assessment of Academic Achievement Act by 6 years so that they would become inoperative on July 1, 2020, and be repealed on January 1, 2021.

end insert begin insert

The bill would delete the provisions establishing the STAR Program, and instead establish the Measurement of Academic Performance and Progress (MAPP), commencing with the 2013-14 school year, for the assessment of certain elementary and secondary pupils. The bill would specify that the MAPP would be composed of: a consortium summative assessment in English language arts and mathematics for grades 3 to 8, inclusive, and grade 11, as specified; science grade level assessments in grades 5, 8, and 10, measuring specified content standards; the California Alternate Performance Assessment in grades 2 to 11, inclusive, in English language arts and mathematics and science in grades 5, 8, and 10, as specified; and the Early Assessment Program. The bill would specify numerous policies and procedures with respect to the development and the implementation of the MAPP by the Superintendent, the state board, and affected local educational agencies.

end insert begin insert

This bill would, commencing with the 2014-15 school year and for purposes of the Early Assessment Program, authorize the replacement of the California Standards Test and the augmented California Standards Tests in English language arts and mathematics with the grade 11 consortium computer-adaptive assessments in English language arts and mathematics, as provided.

end insert begin insert

This bill would incorporate additional changes in Section 99301 of the Education Code, proposed by SB 490, to be operative only if SB 490 and this bill are chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.

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

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

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 52052 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

52052.  

(a) (1) The Superintendent, with approval of the state
board, shall develop an Academic Performance Index (API), to
measure the performance of schools and school districts, especially
the academic performance of pupils.

(2) A school or school district shall demonstrate comparable
improvement in academic achievement as measured by the API
by all numerically significant pupil subgroups at the school or
school district, including:

(A) Ethnic subgroups.

(B) Socioeconomically disadvantaged pupils.

(C) English learners.

(D) Pupils with disabilities.

(E) Foster youth.

(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that consists of at least 30 pupils, each of
whom has a valid test score.

(B) Notwithstanding subparagraph (A), for a subgroup of pupils
who are foster youth, a numerically significant pupil subgroup is
one that consists of at least 15 pupils.

(C) For a school or school district with an API score that is
based on no fewer than 11 and no more than 99 pupils with valid
test scores, numerically significant pupil subgroups shall be defined
by the Superintendent, with approval by the state board.

(4) (A) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the results
of the achievement test administered pursuant to Section 60640,
attendance rates for pupils in elementary schools, middle schools,
and secondary schools, and the graduation rates for pupils in
secondary schools.

(B) The Superintendent, with the approval of the state board,
may also incorporate into the API the rates at which pupils
successfully promote from one grade to the next in middle school
and high school, and successfully matriculate from middle school
to high school.

(C) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:

(i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school
year, which is considered to be three school years after the pupils
entered grade 9 for the first time, and dividing that number by the
total calculated in clause (ii).

(ii) The number of pupils entering grade 9 for the first time in
the school year three school years before the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years before the current school year and the date
of graduation, less the number of pupils who transferred out of the
school between the school year that was three school years before
the current school year and the date of graduation who were
members of the class that is graduating at the end of the current
school year.

(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school
year, which is considered to be four school years after the pupils
entered grade 9 for the first time, and dividing that number by the
total calculated in clause (iv).

(iv) The number of pupils entering grade 9 for the first time in
the school year four years before the current school year, plus the
number of pupils who transferred into the class graduating at the
end of the current school year between the school year that was
four school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years before the
current school year and the date of graduation who were members
of the class that is graduating at the end of the current school year.

(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school
year, which is considered to be five school years after the pupils
entered grade 9 for the first time, and dividing that number by the
total calculated in clause (vi).

(vi) The number of pupils entering grade 9 for the first time in
the school year five years before the current school year, plus the
number of pupils who transferred into the class graduating at the
end of the current school year between the school year that was
five school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years before the
current school year and the date of graduation who were members
of the class that is graduating at the end of the current school year.

(D) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:

(i) Schools begin insert and school districts end insert shall be granted one-half the
credit in their API scores for graduating pupils in five years that
they are granted for graduating pupils in four years.

(ii) Schools and school districts shall be granted one-quarter the
credit in their API scores for graduating pupils in six years that
they are granted for graduating pupils in four years.

(iii) Notwithstanding clauses (i) and (ii), schools and school
districts shall be granted full credit in their API scores for
graduating in five or six years a pupil with disabilities who
graduates in accordance with his or her individualized education
program.

(E) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the
high school exit examination administered pursuant to Section
60851, when fully implemented, shall be disaggregated by special
education status, English learners, socioeconomic status, gender,
and ethnic group. Only the test scores of pupils who were counted
as part of the enrollment in the annual data collection of the
California Basic Educational Data System for the current fiscal
year and who were continuously enrolled during that year may be
included in the test result reports in the API score of the school.

(F) (i) Commencing with the baseline API calculation in 2016,
and for each year thereafter, results of the achievement test and
other tests specified in subdivision (b) shall constitute no more
than 60 percent of the value of the index for secondary schools.

(ii)  In addition to the elements required by this paragraph, the
Superintendent, with approval of the state board, may incorporate
into the index for secondary schools valid, reliable, and stable
measures of pupil preparedness for postsecondary education and
career.

(G) Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index for primary schools and middle schools.

(H) It is the intent of the Legislature that the state’s system of
public school accountability be more closely aligned with both the
public’s expectations for public education and the workforce needs
of the state’s economy. It is therefore necessary that the
accountability system evolve beyond its narrow focus on pupil test
scores to encompass other valuable information about school
performance, including, but not limited to, pupil preparedness for
college and career, as well as the high school graduation rates
already required by law.

(I) The Superintendent shall annually determine the accuracy
of the graduation rate data. Notwithstanding any other law,
graduation rates for pupils in dropout recovery high schools shall
not be included in the API. For purposes of this subparagraph,
“dropout recovery high school” means a high school in which 50
percent or more of its pupils have been designated as dropouts
pursuant to the exit/withdrawal codes developed by the department
or left a school and were not otherwise enrolled in a school for a
period of at least 180 days.

(J) To complement the API, the Superintendent, with the
approval of the state board, may develop and implement a program
of school quality review that features locally convened panels to
visit schools, observe teachers, interview pupils, and examine pupil
work, if an appropriation for this purpose is made in the annual
Budget Act.

(K) The Superintendent shall annually provide to local
educational agencies and the public a transparent and
understandable explanation of the individual components of the
API and their relative values within the API.

(L) An additional element chosen by the Superintendent and
the state board for inclusion in the API pursuant to this paragraph
shall not be incorporated into the API until at least one full school
year after the state board’s decision to include the element into the
API.

(b) Pupil scores from the following tests, when available and
when found to be valid and reliable for this purpose, shall be
incorporated into the API:

(1) The standards-based achievement tests provided for in
Section 60642.5.

(2) The high school exit examination.

(c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board
pursuant to subdivision (d), the minimum annual percentage growth
target shall be 5 percent of the difference between the actual API
score of a school and the statewide API performance target, or one
API point, whichever is greater. Schools at or above the statewide
API performance target shall have, as their growth target,
maintenance of their API score above the statewide API
performance target. However, the state board may set differential
growth targets based on grade level of instruction and may set
higher growth targets for the lowest performing schools because
they have the greatest room for improvement. To meet its growth
target, a school shall demonstrate that the annual growth in its API
is equal to or more than its schoolwide annual percentage growth
target and that all numerically significant pupil subgroups, as
defined in subdivision (a), are making comparable improvement.

(d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board
shall adopt, a statewide API performance target that includes
consideration of performance standards and represents the
proficiency level required to meet the state performance target.

(e) (1) A school or school district with 11 to 99 pupils with
valid test scores shall receive an API score with an asterisk that
indicates less statistical certainty than API scores based on 100 or
more test scores.

(2) A school or school district annually shall receive an API
score, unless the Superintendent determines that an API score
would be an invalid measure of the performance of the school or
school district for one or more of the following reasons:

(A) Irregularities in testing procedures occurred.

(B) The data used to calculate the API score of the school or
school district are not representative of the pupil population at the
school or school district.

(C) Significant demographic changes in the pupil population
render year-to-year comparisons of pupil performance invalid.

(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.

(E) Insufficient pupil participation in the assessments included
in the API.

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(F) A transition to new standards-based assessments
compromises comparability of results across schools or school
districts. The Superintendent may use the authority in this
subparagraph in the 2013-14 and 2014-15 school years only,
with approval of the state board.

end insert

(3) If a school or school district has fewer than 100 pupils with
valid test scores, the calculation of the API or adequate yearly
progress pursuant to the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.) and federal regulations may be
calculated over more than one annual administration of the tests
administered pursuant to Section 60640 and the high school exit
examination administered pursuant to Section 60851, consistent
with regulations adopted by the state board.

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(4) For entities that do not have an API calculated pursuant to
subparagraph (F) of paragraph (2), the most recent API
calculation, or an average of the three most recent annual API
calculations, whichever is greater, shall be used to satisfy statutory
requirements requiring an API calculation. For entities that do
not have a prior API calculation, other information on academic
performance shall be used to satisfy statutory requirements
necessitating an API calculation.

end insert

(f) Only schools with 100 or more test scores contributing to
the API may be included in the API rankings.

(g) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high
schools and opportunity schools. Schools in the alternative
accountability system may receive an API score, but shall not be
included in the API rankings.

(h) For purposes of this section, county offices of education
shall be considered school districts.

begin insert

begin insert SEC. 2. end insert   

end insert

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

60601.  

This chapter shall become inoperative on July 1, begin delete 2014, end delete
begin insert 2020, end insert and as of January 1, begin delete 2015, end delete begin insert 2021, end insert is repealed, unless a later
enacted statute that is enacted before January 1, begin delete 2015, end delete begin insert 2021, end insert deletes
or extends the dates on which it becomes inoperative and is
repealed.

begin insert

begin insert SEC. 3. end insert   

end insert

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

60602.  

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

(f) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

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

begin insert

begin insert 60602.5. end insert   

(a) It is the intent of the Legislature in enacting this
chapter to provide a system of assessments of pupils that has the
primary purposes of assisting teachers, administrators, and pupils
and their parents; improving teaching and learning; and promoting
high-quality teaching and learning using a variety of assessment
approaches and item types. The assessments, where applicable
and valid, will produce scores that can be aggregated and
disaggregated for the purpose of holding schools and local
educational agencies 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 local
educational agencies 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 local educational agencies 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
local educational agencies 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 local educational agencies 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 local educational agencies. 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 a 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.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

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

60603.  

As used in this chapter:

begin insert

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

end insert begin delete

(a)

end delete

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

begin delete

(b) “Assessment of applied academic skills” means a form of
assessment that requires pupils to demonstrate their knowledge
of, and ability to apply, academic knowledge and skills in order
to solve problems and communicate. It may include, but is not
limited to, writing an essay response to a question, conducting an
experiment, or constructing a diagram or model. An assessment
of applied academic skills may not include assessments of personal
behavioral standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.

(c) “Basic academic skills” means those skills in the subject
areas of reading, spelling, written expression, and mathematics
that provide the necessary foundation for mastery of more complex
intellectual abilities, including the synthesis and application of
knowledge.

end delete begin insert

(c) “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, pupils, and teachers.

end insert begin insert

(d) “Computer-adaptive assessment” means a computer-based
test that utilizes a computer program to adjust the difficulty of test
items throughout a testing session based on a test taker’s responses
to previous test items during that testing session.

end insert begin insert

(e) “Computer-based assessment” means a test administered
using an electronic computing device.

end insert begin insert

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

end insert begin insert

(g) “Constructed-response questions” means a type of
assessment item that requires pupils to construct their own
answers.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert h) end insert  “Content standards” means the specific academic knowledge,
skills, and abilities that all public schools in this state are expected
to begin delete teach end delete begin insert teach, end insert and all pupils begin insert are end insert expected to begin delete learn end delete begin insert learn, end insert in begin delete each
of the core curriculum areas end delete begin insert reading, writing, mathematics,
history-social science, foreign languages, visual and performing
arts, and science end insert , at each grade level tested.

begin delete

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

(f) “Diagnostic assessment” means interim assessments of the
current level of achievement of a pupil that serves both of the
following purposes:

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

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

(g) “Direct writing assessment” means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.

end delete begin insert

(i) “Diagnostic assessment” means an assessment of particular
knowledge or skills a pupil has or has not yet achieved for the
purpose of informing instruction and making placement decisions.

end insert begin delete

(h)

end delete

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

begin insert

(k) “Field test” means an assessment or assessment items
administered to a representative sample of a population to ensure
that the test or item produces results that are valid, reliable, and
fair.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert l end insert begin insert ) end insert  “Formative begin delete assessment” end delete begin insert assessment tools” end insert means assessment
tools and processes that are embedded in instruction and begin delete are end delete used
by teachers and pupils to provide timely feedback for purposes of
adjusting instruction to improve learning.

begin delete

(j)

end delete

begin insert ( end insert begin insert m) end insert  “High-quality assessment” means an assessment designed
to measure a pupil’s knowledge of, understanding of, and ability
to begin delete apply end delete begin insert apply, end insert critical concepts through the use of a variety of
item types and formats, including, but not begin insert necessarily end insert limited to,
items that allow for begin delete open-ended end delete begin insert constructed end insert responses and items
that require the completion of begin delete performance-based end delete begin insert performance end insert
tasks. A high-quality assessment should have the following
characteristics:

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

(2) Be of high technical quality by being valid, reliable, fair,
and aligned to standards.

(3) Incorporate technology where appropriate.

(4) Include the assessment of pupils with disabilities and English
learners.

(5) Use, to the extent feasible, universal design principles, as
defined in Section 3 of the federal Assistive Technology Act of
1998 (29 U.S.C. Sec. 3002) in its development and administration.

begin delete

(k)

end delete

begin insert ( end insert begin insert n) end insert  “Interim assessment” means an assessment that is begin insert designed
to be end insert given at regular begin delete and specified end delete intervals throughout the school
begin delete year, is designed end delete begin insert year end insert to evaluate a pupil’s knowledge and skills
relative to a specific set of academic standards, and produces results
that can be aggregated by course, grade level, school, or local
educational agency in order to inform teachers and administrators
at the pupil, classroom, school, and local educational agency levels.

begin insert

(o) “Local educational agency” means a county office of
education, school district, state special school, or direct-funded
charter school as described in Section 47651.

end insert begin insert

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

end insert begin insert

(q) “Measurement of Academic Performance and Progress
(MAPP)” means the comprehensive assessment system, inclusive
of consortium-developed assessments, that has the primary purpose
of modeling and promoting high-quality teaching and instruction
using a variety of assessment approaches and item types.

end insert begin delete

(l)

end delete

begin insert ( end insert begin insert r) end insert  “Performance standards” are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established. Performance
standards gauge the degree to which a pupil has met the content
standards and the degree to which a school or school district has
met the content standards.

begin delete

(m) “Publisher” means a commercial publisher or any other
public or private entity, other than the department, which is able
to provide tests or test items that meet the requirements of this
chapter.

(n) “Statewide pupil assessment program” means the systematic
achievement testing of pupils in grades 2 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment of basic
academic skills and applied academic skills, administered to pupils
in grade levels specified in subdivision (c) of Section 60605,
required by this chapter in all schools within each school district
by means of tests designated by the state board.

end delete begin insert

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

end insert begin insert

(t) “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 insert

(u) “Population sampling” means administering assessments
to a representative sample of pupils instead of the entire pupil
population. The sample of pupils shall be representative in terms
of various pupil subgroups, including, but not necessarily limited
to, English learners and pupils with disabilities.

end insert begin insert

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

end insert begin insert

(w) “State-determined assessment calendar” means the
scheduling of assessments, exclusive of those subject area
assessments listed in subdivision (b) of Section 60640, over several
years on a predetermined schedule. Content areas and grades
shall only be assessed after being publicly announced at least two
school years in advance of the assessment.

end insert begin insert

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

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

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

60604.  

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

(1)  begin delete A end delete begin insert Exclusive of the consortium assessments, a end insert plan for
producing begin insert or adopting end insert valid, begin delete reliable, and comparable individual
pupil scores in grades 2 to 11, inclusive, and a comprehensive
analysis of these scores based on the results of the achievement
test designated by the state board that assesses a broad range of
basic academic skills pursuant to the Standardized Testing and
Reporting (STAR) Program end delete begin insert fair, and reliable achievement tests end insert
begin insert as recommended by the Superintendent and adopted by the state
board pursuant to the Measurement of Academic Performance
and Progress (MAPP) end insert established by Article 4 (commencing with
Section 60640).

(2) A begin delete method of working with publishers to ensure valid,
reliable, and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 2 to 11,
inclusive. end delete begin insert plan for administering the consortium summative
assessment as outlined by the joint agreement of the consortium end insert begin insert . end insert

(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and begin insert complex end insert skills that pupils
will need in order to succeed in the information-based, global
economy of the 21st century. These skills shall not include personal
behavioral standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.

(4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted
by the state board.

(5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.

(6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members
of school districts, begin insert business community members, institutions of
higher education, end insert and the public in all phases of the design and
implementation of the statewide pupil assessment begin delete program. end delete begin insert system end insert begin insert . end insert

begin insert

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

end insert begin delete

(7)

end delete

begin insert ( end insert begin insert 8) end insert  The development of a contract or contracts with a begin delete publisher
or publishers, after the approval of statewide academically rigorous
content standards by the state board, for the development of
performance standards and assessments of applied academic skills
designed to test pupils’ knowledge of academic skills and abilities
to apply that knowledge and those skills in order to solve problems
and communicate. end delete begin insert contractor for the development or administration
of achievement tests and performance tasks aligned to
state-adopted content standards, including summative assessments
or assessments that employ matrix sampling or population
sampling methods. end insert

(b) The Superintendent shall develop and annually update for
the Legislature a five-year cost projection, implementation begin delete plan, end delete
begin insert plan for the MAPP, end insert and begin insert a end insert timetable for implementing the begin delete program end delete
begin insert system end insert described in begin delete subdivision (a). end delete begin insert Section 60640 end insert begin insert . end insert The annual
update shall be submitted on or before March 1 of each year to the
begin delete chairperson end delete begin insert Department of Finance, end insert begin insert the state board, and the
respective chairpersons end insert of the begin insert appropriate end insert fiscal begin delete subcommittee end delete
begin insert subcommittees end insert considering budget appropriations begin insert and the
appropriate policy committees end insert in each house. The update shall
explain any significant variations from the five-year cost projection
for the current year budget and the proposed budget.

(c) The Superintendent shall begin delete provide each school district with
guidelines for professional development that are designed to assist
classroom teachers to use the results of the assessments
administered pursuant to this chapter to modify instruction for the
purpose of improving pupil learning. These guidelines shall be
developed in consultation with classroom teachers and approved
by the state board before dissemination. end delete begin insert make resources available
that are designed to assist with the interpretation and use of the
MAPP results to promote the use of the results for purposes of
improving pupil learning and educational programs across the
full curriculum. The Superintendent shall consider information
already provided by assessment consortia to which California
belongs or assessment contractors when fulfilling this requirement. end insert

begin insert

(d) The Superintendent shall make information and resources
available to parents, teachers, pupils, administrators, school board
members, and the public regarding the MAPP, including, but not
necessarily limited to, system goals, purposes, scoring systems,
results, valid uses of assessments, and information on the
relationship between performance on the previous state
assessments and the MAPP.

end insert begin delete

(d)

end delete

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

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  The results of the achievement begin delete test end delete begin insert tests, exclusive of the
consortium summative assessments, end insert administered pursuant to
Article 4 (commencing with Section begin delete 60640) end delete begin insert 60640), end insert shall be
returned to the begin delete school district end delete begin insert local educational agencies end insert within
the period of time specified by the state board.

begin insert

begin insert SEC. 7. end insert   

end insert

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

begin delete

60605.5.  

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

(1) Performance levels.

(2) Performance level descriptors.

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

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

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

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

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

begin delete

60606.  

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

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

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

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

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

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

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

60607.  

(a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results
of the achievement test required and administered annually as part
of the begin delete Standardized Testing and Reporting (STAR) Program end delete
begin insert Measurement of Academic Performance and Progress (MAPP),
or any predecessor assessments, 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 begin delete school districts end delete begin insert local
educational agencies end insert and schools use the results of the academic
achievement tests administered annually as part of the begin delete statewide
pupil assessment program end delete begin insert MAPP 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)  begin delete Any pupil end delete begin insert Except for research provided for in Section
49079.6, 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 begin delete purposes end delete begin insert purpose end insert of credit, placement, or
admission.

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

begin insert

begin insert SEC. 10. end insert   

end insert

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

60610.  

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

begin insert

begin insert SEC. 11. end insert   

end insert

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

begin delete

60611.  

(a) A city, county, city and county,

end delete

begin insert

begin insert 60611. end insert   

end insert

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

begin delete

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

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

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

60612.  

Upon adoption or approval of assessments pursuant to
this chapter, the Superintendent begin delete of Public Instruction end delete shall begin delete prepare end delete
begin insert prepare, end insert and make available to parents, teachers, pupils,
administrators, school board members, and the begin delete public end delete begin insert public, end insert easily
understood materials begin insert , in accordance with subdivisions (c) and (d)
of Section 60604, end insert describing the nature and purposes of the
assessments, the systems of scoring, and the begin insert valid end insert uses to which
the assessments will be put. begin insert The Superintendent shall produce the
materials for parents in languages other than English in
accordance with Section 48985. It is the intent of the Legislature
that the department utilize the clearinghouse for multilingual
documents to meet this requirement. The Superintendent shall
consider information already provided by assessment consortia
of which California is a member or assessment contractors when
fulfilling this requirement. end insert

begin insert

begin insert SEC. 13. end insert   

end insert

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

60630.  

(a) The Superintendent shall prepare and submit begin insert , and
subsequently post on the Internet Web site of the department, end insert an
annual report to the begin delete Legislature and the end delete state board containing an
analysis of the results and test scores of the begin delete assessment of applied
academic skills adopted pursuant to subdivision (b) of Section
60605. The report simultaneously shall be made available in an
electronic medium on the Internet. The analysis may include, but
need not be limited to, the following factors: end delete begin insert summative
assessments administered pursuant to Section 60640. 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. end insert

begin insert

(b) The Superintendent shall post a periodic update on the
implementation of the Measurement of Academic Performance
and Progress 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.

end insert begin delete

(1) Financial characteristics, including specially funded
programs.

end delete begin delete

(2) Pupil and parent characteristics.

end delete begin delete

(3) Staff characteristics.

end delete begin delete

(4) Instructional methodologies and materials.

end delete begin delete

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

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

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

 

Article 4.  begin delete Standardized Testing and Reporting Program end delete
begin insert Measurement of Academic Performance and Progress end insert

 

begin insert

begin insert SEC. 15. end insert   

end insert

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

60640.  

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

begin insert

(b) Commencing with the 2013-14 school year, the MAPP shall
be composed of all of the following:

end insert begin insert

(1) (A) A consortium summative assessment in English language
arts and mathematics for grades 3 to 8, inclusive, and grade 11
that measures content standards adopted by the state board.

end insert begin insert

(B) In the 2013-14 school year, the consortium summative
assessment in English language arts and mathematics shall be a
field test only, to enable the consortium to gauge the validity and
reliability of these assessments and to conduct all necessary
psychometric procedures and studies, including, but not necessarily
limited to, achievement standard setting, and to allow the
department to conduct studies regarding full implementation of
the assessment system. These field tests and results shall not be
used for any other purpose, including the calculation of any
accountability measure.

end insert begin insert

(2) (A) Science grade level assessments in grades 5, 8, and 10
that measure content standards pursuant to Section 60605, until
a successor assessment is implemented pursuant to subparagraph
(B).

end insert begin insert

(B) For science assessments, the Superintendent shall make a
recommendation to the state board as soon as is feasible after the
adoption of science content standards pursuant to Section 60605.85
regarding the assessment of the newly adopted standards. Before
making recommendations, the Superintendent shall consult with
stakeholders, including, but not necessarily limited to, California
science teachers, individuals with expertise in assessing English
learners and pupils with disabilities, parents, and measurement
experts, regarding the grade level and type of assessment. The
recommendations shall include cost estimates and a plan for
implementation of at least one assessment in each of the following
grade spans:

end insert begin insert

(i) Grades 3 to 5, inclusive.

end insert begin insert

(ii) Grades 6 to 9, inclusive.

end insert begin insert

(iii) Grades 10 to 12, inclusive.

end insert begin insert

(3) The California Alternate Performance Assessment in grades
2 to 11, inclusive, in English language arts and mathematics and
science in grades 5, 8, and 10, which measures content standards
adopted pursuant to Section 60605 until a successor assessment
is implemented. The successor assessment shall be limited to the
grades and subject areas assessed pursuant to paragraph (1) and
subparagraph (B) of paragraph (2).

end insert begin insert

(4) The Early Assessment Program established by Chapter 6
(commencing with Section 99300) of Part 65 of Division 14 of
Title 3.

end insert begin insert

(5) (A) The department shall make available to local
educational agencies a primary language assessment aligned to
the English language arts standards adopted pursuant to Section
60605, as it read on January 1, 2013, 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
local educational agencies, and shall not exceed the marginal cost
of the assessment, including any cost the department incurs to
implement this section.

end insert begin insert

(B) A local educational agency may administer a primary
language assessment aligned to the English language arts
standards adopted pursuant to Section 60605, as it read on January
1, 2013, at its own expense, and shall enter into an agreement for
that purpose with the testing contractor. If the local educational
agency chooses to administer a primary language assessment
pursuant to this paragraph, the department shall reimburse the
local educational agency for its costs, including a per pupil
apportionment to administer the assessment pursuant to subdivision
(l). The department shall determine the procedures for
reimbursement.

end insert begin insert

(C) The Superintendent shall consult with stakeholders,
including assessment and English learner experts, to determine
the content and purpose of a stand-alone language arts summative
assessment in primary languages other than English that aligns
with the English-language arts content standards. 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.

end insert begin insert

(D) The Superintendent shall report and make recommendations
to the state board at a regularly scheduled public meeting no
sooner than one year after the first full administration of the
consortium computer-adaptive assessments in English language
arts and mathematics summative assessments in grades 3 to 8,
inclusive, and grade 11, regarding an implementation timeline
and estimated costs of a stand-alone language arts summative
assessment in primary languages other than English.

end insert begin insert

(E) The Superintendent shall develop, and the state board shall
adopt, a primary language assessment. The Superintendent shall
administer this assessment no later than the 2016-17 school year.

end insert begin insert

(F) This paragraph 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 begin insert

(c) No later than March 1, 2016, the Superintendent shall submit
to the state board recommendations on expanding the MAPP to
include additional assessments, for consideration at a regularly
scheduled public meeting. The Superintendent shall also submit
these recommendations to the appropriate policy and fiscal
committees of the Legislature and to the Director of Finance in
accordance with all of the following:

end insert begin insert

(1) In consultation with stakeholders, including, but not
necessarily limited to, California teachers, individuals with
expertise in assessing English learners and pupils with disabilities,
parents, and measurement experts, the Superintendent shall make
recommendations regarding assessments including the grade level,
content, and type of assessment. These recommendations shall
take into consideration the assessments already administered or
planned pursuant to subdivision (b). The Superintendent shall
consider the use of consortium-developed assessments, various
item types, computer-based testing, and a timeline for
implementation.

end insert begin insert

(2) The recommendations shall consider assessments in subjects,
including, but not necessarily limited to, history-social science,
technology, visual and performing arts, and other subjects as
appropriate, as well as English language arts, mathematics, and
science assessments to augment the assessments required under
subdivision (b), and the use of various assessment options,
including, but not necessarily limited to, computer-based tests,
locally scored performance tasks, and portfolios.

end insert begin insert

(3) The recommendations shall include the use of an assessment
calendar that would schedule the assessments identified pursuant
to paragraph (2) over several years, the use of matrix sampling,
if appropriate, and the use of population sampling.

end insert begin insert

(4) The recommendations shall include a timeline for test
development, and shall include cost estimates for subject areas,
as appropriate.

end insert begin insert

(5) Upon approval by the state board and the appropriation of
funding for this purpose, the Superintendent shall develop and
administer approved assessments. The state board shall approve
test blueprints, achievement level descriptors, testing periods,
performance standards, and a reporting plan for each approved
assessment.

end insert begin insert

(d) For the 2013-14 and 2014-15 school years, the department
shall make available to local educational agencies Standardized
Testing and Reporting Program test forms no longer required by
the MAPP. The cost of implementing this subdivision, including,
but not necessarily limited to, shipping, printing, scoring, and
reporting per pupil shall be the same for all local educational
agencies, and shall not exceed the marginal cost of the assessment,
including any cost the department incurs to implement this section.
A local educational agency 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.

end insert begin insert

(e) The Superintendent shall make available a paper and pencil
version of any computer-based MAPP assessment for use by pupils
who are unable to access the computer-based version of the
assessment for a maximum of three years after a new operational
test is first administered.

end insert begin delete

(b)

end delete

begin insert (f) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert From the funds available for that purpose, each begin delete school
district, charter school, and county office of education end delete begin insert local
educational agency end insert shall administer begin insert assessments end insert to each of its
pupils begin delete in grades 2 to 11, inclusive, the standards-based achievement
test provided for in Section 60642.5. end delete begin insert pursuant to subdivision (b).
As allowable by federal statute, recently arrived English learner
pupils are exempted from taking the assessment in English
language arts end insert begin insert . end insert The state board shall establish a testing period to
provide that all schools administer these tests to pupils at
approximately the same time during the instructional begin delete year, except
as necessary to ensure test security and to meet the final filing
date. end delete begin insert year. The testing period established by the state board shall
take into consideration the need of local educational agencies to
provide makeup days for pupils who were absent during testing,
as well as the need to schedule testing on electronic computing
devices end insert begin insert . end insert

begin delete

(c) The publisher and the school district shall provide two
makeup days for the testing of previously absent pupils within the
testing period established by the state board in subdivision (b).

end delete begin insert

(2) For the 2013-14 school year, each local educational agency
shall administer the field tests in a manner described by the
department in consultation with the president or executive director
of the state board. Additional participants in the field test beyond
the representative sample may be approved by the department,
and the department shall use existing contract savings to fund
district participation in one or more tests per participant. Funds
for this purpose shall be utilized to allow for maximum
participation in the field test across the state. To the extent savings
in the current contract are not available to fully fund this
participation, the department shall prorate available funds by test.
Local educational agencies shall bear any additional costs to
administer these assessments that are in excess of the contracted
amount. With approval of the state board and the Director of
Finance, the department shall amend the existing assessment
contract to accommodate field testing beyond the representative
sample, and to allow for special studies using information collected
from the field tests.

end insert begin insert

(g) From the funds available for that purpose, each local
educational agency shall administer assessments as determined
by the state board pursuant to paragraph (5) of subdivision (c).

end insert begin insert

(h) As feasible, the MAPP field tests shall be conducted in a
manner that will minimize the testing burden on individual schools.
The MAPP field tests shall not produce individual pupil scores
unless it is determined that these scores are valid and reliable.

end insert begin delete

(d)

end delete

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

begin insert

(j) 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
less 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 paragraph (5) of subdivision (b). 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

(e)

end delete

begin insert ( end insert begin insert k) end insert  Pursuant to Section begin delete 1412(a)(17) end delete begin insert 1412(a)(16) end insert of Title 20 of
the United States Code, individuals with exceptional needs, as
defined in Section 56026, shall be included in the testing
requirement of subdivision (b) with appropriate accommodations
in administration, where necessary, and those individuals with
exceptional needs who are unable to participate in the testing, even
with accommodations, shall be given an alternate assessment.

begin delete

(f) (1) At the option of the school district, pupils with limited
English proficiency who are enrolled in any of grades 2 to 11,
inclusive, may take a second achievement test in their primary
language. Primary language tests administered pursuant to this
subdivision and subdivision (g) shall be subject to the requirements
of subdivision (a) of Section 60641. These primary language tests
shall produce individual pupil scores that are valid and reliable.

(2) Notwithstanding any other law, the state board shall
designate for use, as part of this program, a single primary language
test in each language for which a test is available for grades 2 to
11, inclusive, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified in
Section 60643, as applicable.

(3) (A) The department shall use funds made available pursuant
to Title VI of the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.) and appropriated by the annual Budget
Act for the purpose of developing and adopting primary language
assessments that are aligned to the state academic content
standards. Subject to the availability of funds, primary language
assessments shall be developed and adopted for reading/language
arts and mathematics in the dominant primary language of
limited-English-proficient pupils. The dominant primary language
shall be determined by the count in the annual language census of
the primary language of each limited-English-proficient pupil
enrolled in the California public schools.

(B) Once a dominant primary language assessment is available
for use for a specific grade level, it shall be administered in place
of the assessment designated pursuant to paragraph (1) for that
grade level.

(C) In choosing a contractor to develop a primary language
assessment the state board shall consider the criteria for choosing
a contractor or test publisher as specified by Section 60643, and
as specified by Section 60642.5, as applicable.

(D) Subject to the availability of funds, the assessments shall
be developed in grade order starting with the lowest grade subject
to the STAR Program.

(E) If the state board contracts for the development of primary
language assessments or test items to augment an existing
assessment, the state shall retain ownership rights to the assessment
and the test items. With the approval of the state board, the
department may license the test for use in other states subject to a
compensation agreement approved by the Department of Finance.

(F) On or before January 1, 2006, the department shall submit
to the Legislature a report on the development and implementation
of the initial primary language assessments and recommendations
on the development and implementation of future assessments and
funding requirements.

(g) A pupil identified as limited English proficient pursuant to
the administration of a test made available pursuant to Section
60810 who is enrolled in any of grades 2 to 11, inclusive, and who
either receives instruction in his or her primary language or has
been enrolled in a school in the United States for less than 12
months shall be required to take a test in his or her primary
language if a test is available.

(h)

end delete

begin insert (l) end insert  (1) The Superintendent shall apportion funds begin delete to school
districts to enable school districts end delete begin insert appropriated for these purposes
to local educational agencies to enable them end insert to meet the
requirements of subdivisions begin delete (b), (e), (f), and (g). end delete begin insert (b) and (c) end insert begin insert . end insert

begin insert

(A) For the MAPP field tests administered in the 2013-14 school
year or later school years, the Superintendent shall apportion
funds to local educational agencies if funds are specifically
provided for this purpose in the annual Budget Act.

end insert begin insert

(B) The Superintendent shall apportion funds to local
educational agencies to enable them to administer assessments
used to satisfy the voluntary Early Assessment Program in the
2013-14 school year pursuant to paragraph (4) of subdivision (b).

end insert

(2) The state board annually shall establish the amount of
funding to be apportioned to begin delete school districts end delete begin insert local educational
agencies end insert for each test administered and annually shall establish
the amount that each begin delete publisher end delete begin insert contractor end insert shall be paid for each
test administered under the begin delete agreements end delete begin insert contracts end insert required pursuant
to Section 60643. The amounts to be paid to the begin delete publishers end delete
begin insert contractors end insert shall be determined by considering the cost estimates
submitted by each begin delete publisher end delete begin insert contractor end insert 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 begin delete (b), (e), (f), and (g). end delete begin insert (b) and
(c). The state board shall take into account changes to local
educational agency test administration activities under the MAPP,
including, but not limited to, the number, type of tests administered,
and changes in computerized test registration and administration
procedures, when establishing the amount of funding to be
apportioned to local educational agencies for each test
administered. end insert

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

begin delete

(i)

end delete

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

begin delete

(j)

end delete

begin insert (n) end insert  As a condition to receiving an apportionment pursuant to
subdivision begin delete (h) end delete begin insert (l) end insert , a begin delete school district end delete begin insert local educational agency end insert shall
report to the Superintendent all of the following:

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

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

(3) The begin delete number of end delete 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 this section end insert begin insert . end insert

begin delete

(k)

end delete

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

begin delete

(l) The

end delete

begin insert (p) end insert begin insert   end insert begin insert Subject to the availability of funds in the annual Budget Act
for this purpose, and exclusive of the consortium assessments, the end insert
Superintendent, with the approval of the state board, annually shall
release to the public test items from the begin delete standard-based end delete
achievement tests pursuant to Section 60642.5 administered in
previous years. begin delete The end delete begin insert Where feasible and practicable, the end insert minimum
number of test items released per year shall be equal to 25 percent
of the total number of test items on the test administered in the
previous year.

begin insert

(q) 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 MAPP assessments, including, but not
necessarily limited to, the administration, scoring, and reporting
of the tests, as the adoption of emergency regulations is necessary
for the immediate preservation of the public peace, health, safety,
or general welfare within the meaning of Section 11346.1 of the
Government Code. The emergency regulations shall be followed
by the adoption of permanent regulations, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

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

60641.  

(a) The department shall ensure that begin delete school districts end delete
begin insert local educational agencies end insert comply with each of the following
requirements:

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

(2)  begin delete The end delete begin insert For assessments that produce valid individual pupil
results, the end insert begin insert end insert individual results of each pupil begin delete test administered end delete begin insert tested end insert
pursuant to Section 60640 shall be reported, in writing, to the
parent or guardian of the pupil. The begin delete written end delete report shall include a
clear explanation of the purpose of the test, the score of the pupil,
and the intended use by the begin delete school district end delete begin insert local educational agency end insert
of the test score. This subdivision does not require teachers or
other begin delete school district end delete begin insert local educational agency end insert personnel to prepare
individualized explanations of the test score of each pupil. begin insert It is the
intent of the Legislature that nothing in this section shall preclude
a school or school district from meeting the reporting requirement
by the use of electronic media formats that secure the
confidentiality of the pupil and the pupil’s results. State agencies
or local educational agencies shall not use a comparison resulting
from the scores and results of the Measurement of Academic
Performance and Progress (MAPP) assessments and the
assessment scores and results from assessments that measured
previously adopted content standards. end insert

(3) (A)  begin delete The end delete begin insert For assessments that produce valid individual pupil
results, the end insert individual results of each pupil begin delete test administered end delete begin insert tested end insert
pursuant to Section 60640 also shall be reported to the school and
teachers of a pupil. The begin delete school district end delete begin insert local educational agency end insert
shall include the test results of a pupil in his or her pupil records.
However, except as provided in this begin delete section, individual end delete begin insert section
and Section 60607, 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 begin delete (A), end delete begin insert (A) 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 the
begin delete STAR Program end delete begin insert MAPP end insert in each of the grades designated pursuant
to Section 60640, but not the score or relative position of any
individually ascertainable pupil, shall be reported to the governing
board of the school district at a regularly scheduled meeting, and
the countywide, school-level, and grade-level results for classes
and programs under the jurisdiction of the county office of
education shall be similarly reported to the county board of
education at a regularly scheduled meeting.

begin delete

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

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

end delete begin insert

(b) The state board shall adopt regulations that outline 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. The calendar for delivery shall provide
for the timely return of assessment results, and consider the amount
of paper-and-pencil administered assessments and number of items
requiring hand scoring. The calendar shall also ensure that
individual assessment results are reported to local educational
agencies within eight weeks of receipt by the contractor for scoring.

end insert begin insert

(c) Aggregated, disaggregated, or group scores or reports that
include the results of the MAPP assessments, inclusive of the
reports developed pursuant to Section 60630, shall not be publicly
reported to any party other than the school or local educational
agency where the pupils were tested, if the aggregated,
disaggregated, or group scores or reports are comprised of 10 or
fewer individual pupil assessment results. Exclusive of the reports
developed pursuant to Section 60630, in no case shall any group
score or report be displayed that would deliberately or
inadvertently make the score or performance of any individual
pupil or teacher identifiable.

end insert begin insert

(d) For those entities described in clauses (i) and (iii) of
subparagraph (B) of paragraph (3) of subdivision (c) of Section
49079.6, the MAPP scores and results shall be released pursuant
to the process outlined in paragraph (3) of subdivision (c) of
Section 49079.6.

end insert begin delete

(d)

end delete

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

begin insert

begin insert SEC. 17. end insert   

end insert

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

begin insert

begin insert 60642.6. end insert   

The department shall acquire, and offer at no cost to
local educational agencies, interim and formative assessment tools
for kindergarten and grades 1 to 12, inclusive, as provided through
the consortium membership pursuant to Section 60605.7.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

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

begin delete

60643.  

(a) To be eligible for consideration under Section
60642.5 by the state board, test publishers shall agree in writing
each year to meet the following requirements, as applicable, if
selected:

(1) Enter into an agreement, pursuant to subdivision (e) or (f),
with the department by October 15 of that year.

(2) Align the standards-based achievement test provided for in
Section 60642.5 to the academically rigorous content and
performance standards adopted by the state board.

(3) Comply with subdivisions (c) and (d) of Section 60645.

(4) Provide valid and reliable individual pupil scores to parents
or guardians, teachers, and school administrators.

(5) Provide valid and reliable aggregate scores to school districts
and county boards of education in all of the following forms and
formats:

(A) Grade level.

(B) School level.

(C) District level.

(D) Countywide.

(E) Statewide.

(F) Comparison of statewide scores relative to other states.

(6) Provide disaggregated scores, based on
limited-English-proficient status and nonlimited-English-proficient
status. For purposes of this section, pupils with
“nonlimited-English-proficient status” shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils. These
scores shall be provided to school districts and county boards of
education in the same forms and formats listed in paragraph (5).

(7) Provide disaggregated scores by pupil gender and ethnicity
and provide disaggregated scores based on whether pupils are
economically disadvantaged or not. These disaggregated scores
shall be in the same forms and formats as listed in paragraph (5).
In any one year, the disaggregation shall entail information already
being collected by school districts, county offices of education, or
charter schools.

(8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law. These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section shall not be construed to exclude the scores of special
education pupils from any state or federal accountability system.

(9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the department and the state board in the medium requested
by each entity, respectively.

(b) It is the intent of the Legislature that the publisher work with
the Superintendent and the state board in developing a methodology
to disaggregate statewide scores as required in paragraphs (6) and
(7) of subdivision (a), and in determining which variable indicated
on the STAR testing document shall serve as a proxy for
“economically disadvantaged” status pursuant to paragraph (7) of
subdivision (a).

(c) Access to information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced
those results or for reporting and disaggregating test results as
required by this section. School districts are prohibited from
excluding a pupil from the test if a parent or parents decline to
disclose income. This chapter does not abridge or deny rights to
confidentiality contained in the federal Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
state and federal law that protect the confidentiality of information
collected by educational institutions.

(d)

end delete

begin insert

begin insert 60643. end insert   

end insert

begin insert ( end insert begin insert a) end insert  Notwithstanding any other law, the begin delete publisher end delete
begin insert contractor or contractors end insert of the begin delete standards-based end delete achievement begin delete test end delete
begin insert tests end insert provided for in Section begin delete 60642.5 or any contractor under
subdivision (f) end delete begin insert 60640 end insert shall comply with all of the conditions and
requirements begin delete enumerated in subdivision (a), as applicable, end delete begin insert of the
contract end insert to the satisfaction of the begin insert Superintendent and the end insert state
board.

begin delete

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

end delete begin delete

(2)

end delete

begin insert (b) end insert begin insert   end insert begin insert ( end insert begin insert 1) end insert  The department shall develop, and the begin insert Superintendent
and the end insert state board shall approve, a contract begin insert or contracts end insert to be
entered into with a begin delete publisher pursuant to paragraph (1). end delete begin insert contractor
in connection with the test provided for in Section 60640 end insert begin insert . end insert The
department may develop the contract through begin delete negotiations with
the publisher. end delete begin insert negotiations. In approving a contract amendment
to the contract authorized pursuant to this section, the department,
in consultation with the state board, may make material
amendments to the contract that do not increase the contract cost.
Contract amendments that increase contract costs may only be
made with the approval of the department, the state board, and
the Department of Finance. end insert

begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  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. begin insert The department shall use a
competitive and open process utilizing standardized scoring
criteria through which to select a potential administration
contractor or contractors for recommendation to the state board
for consideration. The state board shall consider each of the
following criteria: end insert

begin insert

(A) The ability of the contractor to produce valid and reliable
scores.

end insert begin insert

(B) The ability of the contractor to report accurate results in a
timely fashion.

end insert begin insert

(C) Exclusive of the consortium assessments, the ability of the
contractor to ensure technical adequacy of the tests, inclusive of
the alignment between the Measurement of Academic Performance
and Progress (MAPP) tests and the state-adopted content
standards.

end insert begin insert

(D) The cost of the assessment system.

end insert begin insert

(E) The ability and proposed procedures to ensure the security
and integrity of the assessment system.

end insert begin insert

(F) The experience of the contractor in successfully conducting
statewide testing programs in other states.

end insert begin delete

(4)

end delete

begin insert ( end insert begin insert 3) end insert  The contracts shall include provisions for progress payments
to the begin delete publisher end delete begin insert contractor end insert for work performed or costs incurred
in the performance of the contract. Not less than 10 percent of the
amount budgeted for each separate and distinct component task
provided for in each contract shall be withheld pending final
completion of all component tasks by that begin delete publisher. end delete begin insert contractor end insert begin insert . end insert
The total amount withheld pending final completion shall not
exceed 10 percent of the total contract price begin insert for that fiscal year end insert .

begin delete

(5)

end delete

begin insert ( end insert begin insert 4) end insert  The contracts shall require liquidated damages to be paid
by the begin delete publisher end delete begin insert contractor end insert in the amount of up to 10 percent of
the total cost of the contract for any component task that the
begin delete publisher end delete begin insert contractor end insert through its own fault or that of its
subcontractors fails to substantially perform by the date specified
in the agreement.

begin delete

(6)

end delete

begin insert ( end insert begin insert 5) end insert  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.

begin delete

(7)

end delete

begin insert ( end insert begin insert 6) end insert  The begin delete publishers end delete begin insert contractors end insert shall submit, as part of the
contract negotiation process, a proposed budget and invoice
schedule, that includes a detailed listing of the costs for each
component task and the expected date of the invoice for each
completed component task.

begin delete

(8)

end delete

begin insert ( end insert begin insert 7) end insert  The begin insert contract or end insert contracts begin insert subject to approval by the
Superintendent and the state board under paragraph (1) and
exempt under paragraph (2) end insert shall specify the following component
tasks, as applicable, that are separate and distinct:

(A) Development of new tests or test begin delete items as required by
paragraph (2) of subdivision (a). end delete begin insert items. end insert

(B) Test materials production or publication.

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

(D) Test processing, scoring, and analyses.

(E) Reporting of test results to the begin delete school districts, end delete begin insert local
educational agencies end insert begin insert , end insert including, but not begin insert necessarily end insert limited to, all
reports specified in this section.

(F) Reporting of begin insert valid and reliable end insert test results to the department,
including, but not begin insert necessarily end insert limited to, the begin insert following end insert electronic
begin delete files required pursuant to this section. end delete begin insert files: end insert

begin insert

(i) Scores aggregated statewide, and by county, school district,
school, and grade.

end insert begin insert

(ii) Disaggregated scores based on English proficiency status,
gender, ethnicity, socioeconomic disadvantage, foster care status,
and special education designation.

end insert

(G) All other analyses or reports required by the Superintendent
to meet the requirements of state and federal law and set forth in
the agreement.

begin insert

(H) Technology services to support the activities listed in
subparagraphs (A) to (G), inclusive.

end insert begin insert

(I) Perform regular performance checks and load simulations
to ensure the integrity and robustness of the technology system
used to support the activities listed in subparagraphs (A) to (G),
inclusive.

end insert begin delete

(9) The contracts shall specify the specific reports and data files,
if any, that are to be provided to school districts by the publisher
and the number of copies of each report or file to be provided.

end delete begin delete

(10) The contracts shall specify the means by which any delivery
date for materials to each school district shall be verified by the
publisher and the school district.

end delete begin delete

(11) School districts may negotiate a separate agreement with
the publisher for any additional materials or services not within
the contracts specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 to 11, inclusive. Any separate agreement is not within
the scope of the contract specified in this subdivision.

end delete begin delete

(f) The department, with approval of the state board, may enter
into a separate contract for the development or administration of
a test authorized pursuant to this part, including, but not limited
to, item development, coordination of tests, assemblage of tests
or test items, scoring, or reporting. The liquidated damages
provision set forth in paragraph (5) of subdivision (e) shall apply
to a contract entered into pursuant to this subdivision.

end delete

begin insert

begin insert SEC. 19. end insert   

end insert

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

begin delete

60643.1.  

(a) (1) The test publisher designated by the state
board pursuant to Section 60642 shall make available a reading
list on the Internet by June 1 of the applicable school year. The
reading list shall include an index that correlates ranges of pupil
reading scores on the English language arts portion of the
achievement test designated pursuant to Section 60642 to titles of
materials that would be suitable for pupils in each of grades 2 to
11, inclusive, to read in order to improve their reading skills. This
reading list shall include titles of books that allow a pupil to
practice reading at his or her current reading level and that will
assist the pupil in achieving a higher level of proficiency. To the
extent possible, the index also shall include information related to
the subject matter of each title. At a minimum, the reading list also
shall categorize titles by subject matter and identify age-appropriate
distinctions in the list.

(2) The test publisher, in each school year, shall make available
for purchase by school districts a report that provides a numerical
distribution of the reading scores of all pupils in California who
took the achievement test designated pursuant to Section 60642.

(3) The test publisher, in each school year, shall make available
for purchase by school districts reading lists that can be distributed
to pupils based on a pupil’s age and the ranges of scores on the
English language arts portion of the achievement test designated
pursuant to Section 60642.

(4) The requirements of this subdivision shall become operative
only upon a determination by the Director of Finance that funds
are available to make an adjustment pursuant to subdivision (h)
of Section 60640.

(b) The state board and the Superintendent jointly shall certify
that the process used by the publisher to determine the reading
levels of the corresponding reading list pursuant to paragraph (1)
of subdivision (a) meets the following criteria:

(1) The process is educationally valid.

(2) The process results in a reading list for each reading span
that provides titles at the pupil’s current reading level and the next
higher level for challenging practice.

(3) The process results in a selection from the universe of titles
from the list developed pursuant to subdivision (d) that matches
each reading level.

(4) The process is unbiased in the selection of publishers’ titles
from the legal compliance list.

(c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a), at a minimum, shall include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1 of Part 33, and the titles listed in all of the
content area reading and literature lists that are developed and
published by the department and that have been determined by the
department to meet the relevant reading level as certified pursuant
to subdivision (b).

(d) By imposing the requirements of this section on publishers,
it is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section
or of Article 3 (commencing with Section 60040) of Chapter 1 of
Part 33.

end delete

begin insert

begin insert SEC. 20. end insert   

end insert

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

begin delete

60643.5.  

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

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

end delete

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 60643.6 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60643.6. end insert   

A local educational agency shall be reimbursed by
the contractor selected pursuant to this article for any unexpected
expenses incurred due to scheduling changes that resulted from
the late delivery of testing materials in connection with the
Measurement of Academic Performance and Progress.

end insert

begin insert

begin insert SEC. 22. end insert   

end insert

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

begin delete

60645.  

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

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

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

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

end delete

begin insert

begin insert SEC. 23. end insert   

end insert

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

60648.  

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

begin insert

begin insert SEC. 24. end insert   

end insert

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

begin insert

begin insert 60648.5. end insert   

(a) The first full administration of assessments
aligned to the common core standards in English language arts
and mathematics shall occur in the 2014-15 school year unless
the state board determines that the assessments cannot be fully
implemented.

(b) The department shall determine how school districts are
progressing toward implementation of a technology-enabled
assessment system, and the extent to which the assessments aligned
to the common core standards in English language arts and
mathematics can be fully implemented. The department shall
provide a report and recommendations to the state board, the
Department of Finance, and the appropriate fiscal and policy
committees of the Legislature on or before October 1, 2014.

(c) Based on the information in the report required under this
section, the state board shall determine whether the state shall
fully implement the operational consortium computer-adaptive
summative assessments in English language arts and mathematics
in grades 3 to 8, inclusive, and grade 11 for the 2014-15 school
year.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

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

begin delete

60649.  

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

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

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

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

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

end delete

begin insert

begin insert SEC. 26. end insert   

end insert

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

begin insert

begin insert 60649. end insert   

(a) The department shall develop a three-year plan of
activities, with the approval of the state board, 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, and studies
evaluating test fairness, testing accommodations, testing policies,
and reporting procedures, and consequential validity studies
specific to pupil populations such as English learners and pupils
with disabilities.

(b) Beginning in the school year in which the first full
administration of the consortium computer-adaptive assessments
in English language arts and mathematics in grades 3 to 8,
inclusive, and grade 11 occurs, and every three years thereafter,
the department shall contract for a three-year independent
evaluation of the assessments. Independent evaluation reports
shall include interim annual reports as well as a final report on
the activities and analysis of the three-year evaluation including,
but not necessarily limited to, recommendations to ensure the
quality, fairness, validity, and reliability of the assessments. These
validity studies shall take into consideration the purposes of the
assessment system and its results, and the timeline for
implementation of the assessments, the adoption of new curriculum
resources, and the development and delivery of professional
development. The department shall not contract for studies that
duplicate studies conducted as part of a federal peer review process
or studies conducted by any assessment contractor.

(c) The independent evaluation reports and interim annual
reports shall be submitted 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, 2021, and, as of January 1, 2022, is
repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2022, deletes or extends the dates on which
it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 27. end insert   

end insert

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

99300.  

(a)  begin delete The end delete begin insert (1) end insert begin insert   end insert begin insert Commencing with the 2014-15 school
year and for purposes of the Early Assessment Program established
by this chapter, the California Standards Test and the augmented
California Standards Tests in English language arts and
mathematics may be replaced with the grade 11 consortium
computer-adaptive assessments in English language arts and
mathematics. end insert

begin insert (2) end insert begin insert   end insert begin insert The end insert Legislature 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 begin delete California Standards Test (CST) and the
augmented CST, end delete begin insert assessment, end insert as referenced in Section 60641.

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

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

begin insert

begin insert SEC. 28. end insert   

end insert

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

99301.  

(a) Notwithstanding subdivision (a) of Section 78213,
the individual begin delete results of the California Standards Test (CST) and
the augmented CST, end delete begin insert grade 11 assessment results, end insert as referenced
in Section 60641, in addition to any other begin delete purposes end delete begin insert purposes, end insert may
be used by community college districts to provide diagnostic advice
to, or for the placement of, prospective community college students
participating in the EAP.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 28.5. end insert   

end insert

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

99301.  

(a) Notwithstanding subdivision (a) of Section 78213,
the individual begin delete results of the California Standards Test (CST) and
the augmented CST, end delete begin insert grade 11 assessment results, end insert as referenced
in Section 60641, begin insert or a standards-aligned successor assessment, end insert
in addition to any other begin delete purposes end delete begin insert purposes, end insert may be used by
community college districts to provide diagnostic advice to, or for
the placement of, prospective community college students
participating in the EAP.

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

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

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

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

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

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

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

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

(3) The begin delete augmented CST end delete begin insert assessment, end insert as referenced in Section
60641, and begin delete currently end delete utilized by CSU for purposes of early
assessment, begin insert or a standards-aligned successor assessment, end insert 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 begin delete elementary and secondary education end delete begin insert common core end insert academic
content standards adopted pursuant to Section begin delete 60605. end delete begin insert 60605.8 end insert begin insert . end insert

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

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

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

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

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

(1) The individual results of the begin delete CST and the augmented CST, end delete
begin insert assessment, end insert as referenced in Section 60641, begin insert or a standards-aligned
successor assessment, end insert 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 begin delete for end delete begin insert for, end insert the placement of
prospective CSU students participating in the EAP.

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

begin insert

begin insert SEC. 29. end insert   

end insert begin insert

Section 28.5 of this bill incorporates amendments to
Section 99301 of the Education Code proposed by both this bill
and Senate Bill 490. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 99301 of the Education Code, and
(3) this bill is enacted after Senate Bill 490, in which case Section
28 of this bill shall not become operative.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate July 3, 2013. (JR11)