Amended in Senate September 6, 2013

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

(Coauthor: Senator Steinberg)

February 19, 2013

An act to amend Sections 52052, 60601, 60603, 60604, 60607, 60610, 60611, 60612, 60630, 60640, 60641, 60643, 60648, 99300, and 99301 of, to amend the heading of Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4 of Title 2 of, to amend and repeal Section 60602 of, to add Sections 60602.5, 60642.6, 60643.6, and 60648.5 to, to repeal Sections 60605.5, 60606, 60643.1, 60643.5, and 60645 of, and to repeal, add, and repeal Section 60649 of, the Education Code, relating to pupil assessments.

LEGISLATIVE COUNSEL’S DIGEST

AB 484, as amended, Bonilla. Pupil assessments: Measurement of Academic Performance and Progress (MAPP).

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.

Existing law, the Leroy Greene California Assessment of Academic Achievement Act, requires the Superintendent 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 and the California Standards Tests. Existing law makes the Leroy Greene California Assessment of Academic Achievement Act inoperative on July 1, 2014, and repeals it on January 1, 2015.

Existing federal law, the No Child Left Behind Act of 2001, contains provisions generally requiring states to adopt performance goals for their public elementary and secondary schools, and to demonstrate that these public schools are making adequate yearly progress, as measured by pupil performance on standardized tests as well as other measures, to satisfy those goals.

Existing law 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.

Existing law, the Early Assessment Program, establishes a collaborative effort, headed by the California State University, to enable pupils to learn about their readiness for college-level English and mathematics before their senior year of high school.

This bill would, 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.

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.

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.

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.

begin insert

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

end insert begin insert

This bill would incorporate additional changes in Section 52052 of the Education Code, proposed by SB 344, to be operative only if SB 344 and this bill are chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.

end 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.

begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 52052 of the Education Code is amended
to read:

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 and school districts 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.

(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.

(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.

(4)  begin delete For entities end delete begin insert Any school or school district that does not
receive an API calculated pursuant to subparagraph (F) of
paragraph (2) shall not receive an API growth target pursuant to
subdivision (c). end insert begin insert Schools and school districts end insert that do not have an
API calculated pursuant to subparagraph (F) of paragraph begin delete (2), the end delete
begin insert (2) shall use one of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert The end insert most recent API begin delete calculation, or an end delete begin insert calculation. end insert

begin insert (B) end insert begin insert   end insert begin insert An end insert average of the three most recent annual API begin delete 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 delete begin insert calculations. end insert

begin insert (C) end insert begin insert   end insert begin insert Alternative measures that show increases in pupil academic
achievement for all groups of pupils schoolwide and among
significant subgroups. 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. end insert begin insert 1.5. 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.

begin insert

(F) Reclassified English learners. The inclusion of reclassified
English learners in the API shall, at a minimum, be consistent with
the manner in which reclassified English learners are included in
the determination of adequate yearly progress, as required by
Section 6311(b)(2)(B) of the federal No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.).

end insert

(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.

begin insert

(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.

begin insert

(4) Any school or school district that does not receive an API
calculated pursuant to subparagraph (F) of paragraph (2) shall
not receive an API growth target pursuant to subdivision (c).
Schools and school districts that do not have an API calculated
pursuant to subparagraph (F) of paragraph (2) shall use one of
the following:

end insert begin insert

(A) The most recent API calculation.

end insert begin insert

(B) An average of the three most recent annual API calculations.

end insert begin insert

(C) Alternative measures that show increases in pupil academic
achievement for all groups of pupils schoolwide and among
significant subgroups.

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.

SEC. 2.  

Section 60601 of the Education Code is amended to
read:

60601.  

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

SEC. 3.  

Section 60602 of the Education Code is amended to
read:

60602.  

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) This section shall become inoperative on July 1, 2014, 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.

SEC. 4.  

Section 60602.5 is added to the Education Code, to
read:

60602.5.  

(a) It is the intent of the Legislature in enacting this
chapter to provide a 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.

SEC. 5.  

Section 60603 of the Education Code is amended to
read:

60603.  

As used in this chapter:

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

(b) “Achievement test” means any summative standardized test
that measures the level of performance that a pupil has achieved
on state-adopted content standards.

(c) “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.

(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.

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

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

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

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

(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.

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

(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.

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

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

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

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

(3) Incorporate technology where appropriate.

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

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

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

(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.

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

(q) “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.

(r) “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.

(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.

(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.

(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.

(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.

(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.

(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.

SEC. 6.  

Section 60604 of the Education Code is amended to
read:

60604.  

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

(1) Exclusive of the consortium assessments, a plan for
producing or adopting valid, fair, and reliable achievement tests
as recommended by the Superintendent and adopted by the state
board pursuant to the Measurement of Academic Performance and
Progress (MAPP) established by Article 4 (commencing with
Section 60640).

(2) A plan for administering the consortium summative
assessment as outlined by the joint agreement of the consortium.

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

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

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

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

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

(8) The development of a contract or contracts with a 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.

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

(c) The Superintendent shall make resources available 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.

(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.

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

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

SEC. 7.  

Section 60605.5 of the Education Code is repealed.

SEC. 8.  

Section 60606 of the Education Code is repealed.

SEC. 9.  

Section 60607 of the Education Code is amended to
read:

60607.  

(a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results
of the achievement test required and administered annually as part
of the Measurement of Academic Performance and Progress
(MAPP), or any predecessor assessments, 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 local educational
agencies and schools use the results of the academic achievement
tests administered annually as part of the MAPP 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) Except for research provided for in Section 49079.6, a
pupil’s results or a record of accomplishment shall be private, and
may not be released to any person, other than the pupil’s parent
or guardian and a teacher, counselor, or administrator directly
involved with the pupil, without the express written consent of
either the parent or guardian of the pupil if the pupil is a minor, or
the pupil if the pupil has reached the age of majority or is
emancipated.

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

(B) Notwithstanding paragraph (1), the results of an individual
pupil on the MAPP may be released to a postsecondary educational
institution for the purpose of credit, placement, or admission.

SEC. 10.  

Section 60610 of the Education Code is amended to
read:

60610.  

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

SEC. 11.  

Section 60611 of the Education Code is amended to
read:

60611.  

A local educational agency, district superintendent of
schools, or principal or teacher of any elementary or secondary
school, including a charter school, shall not carry on any program
for the sole purpose of test preparation of pupils for the statewide
pupil assessment system or a particular test used 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.

SEC. 12.  

Section 60612 of the Education Code is amended to
read:

60612.  

Upon adoption or approval of assessments pursuant to
this chapter, the Superintendent shall prepare, and make available
to parents, teachers, pupils, administrators, school board members,
and the public, easily understood materials, in accordance with
subdivisions (c) and (d) of Section 60604, describing the nature
and purposes of the assessments, the systems of scoring, and the
valid uses to which the assessments will be put. The Superintendent
shall produce the materials for parents in languages other than
English 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.

SEC. 13.  

Section 60630 of the Education Code is amended to
read:

60630.  

(a) The Superintendent shall prepare and submit, and
subsequently post on the Internet Web site of the department, an
annual report to the state board containing an analysis of the results
and test scores of the summative assessments 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.

(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.

SEC. 14.  

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

 

Article 4.  Measurement of Academic Performance and Progress

 

SEC. 15.  

Section 60640 of the Education Code is amended to
read:

60640.  

(a) There is hereby established the Measurement of
Academic Performance and Progress, to be known as the MAPP.

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

(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.

(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.

(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).

(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:

(i) Grades 3 to 5, inclusive.

(ii) Grades 6 to 9, inclusive.

(iii) Grades 10 to 12, inclusive.

(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).

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

(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.

(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.

(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.

(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.

(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.

(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.

(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:

(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.

(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.

(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.

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

(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.

(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.

(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.

(f) (1) From the funds available for that purpose, each local
educational agency shall administer assessments to each of its
pupils pursuant to subdivision (b). As allowable by federal statute,
recently arrived English learner pupils are exempted from taking
the assessment in English language arts. The state board shall
establish a testing period to provide that all schools administer
these tests to pupils at approximately the same time during the
instructional year. The testing period established by the state board
shall take into consideration the need of 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.

(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.

(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).

(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.

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

(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.

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

(l) (1) The Superintendent shall apportion funds appropriated
for these purposes to local educational agencies to enable them to
meet the requirements of subdivisions (b) and (c).

(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.

(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).

(2) The state board annually shall establish the amount of
funding to be apportioned to local educational agencies for each
test administered and annually shall establish the amount that each
contractor shall be paid for each test administered under the
contracts required pursuant to Section 60643. The amounts to be
paid to the contractors shall be determined by considering the cost
estimates submitted by each contractor each September and the
amount included in the annual Budget Act, and by making
allowance for the estimated costs to school districts for compliance
with the requirements of subdivisions (b) 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.

(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.

(m) 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 (l), and the payments made to the contractors
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.

(n) As a condition to receiving an apportionment pursuant to
subdivision (l), a local educational agency shall report to the
Superintendent all of the following:

(1) The pupils enrolled in the local educational agency in the
grades in which assessments were administered pursuant to
subdivisions (b) and (c).

(2) The pupils to whom an achievement test was administered
pursuant to subdivisions (b) and (c) in the local educational agency.

(3) The pupils in paragraph (1) who were exempted from the
test pursuant to this section.

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

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

(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).

SEC. 16.  

Section 60641 of the Education Code is amended to
read:

60641.  

(a) The department shall ensure that local educational
agencies comply with each of the following requirements:

(1) The achievement tests provided for in Section 60640 are
scheduled to be administered to all pupils, inclusive of pupils
enrolled in charter schools and exclusive of pupils exempted
pursuant to Section 60640, during the period prescribed in
subdivision (b) of Section 60640.

(2) For assessments that produce valid individual pupil results,
the individual results of each pupil tested pursuant to Section 60640
shall be reported, in writing, to the parent or guardian of the pupil.
The report shall include a clear explanation of the purpose of the
test, the score of the pupil, and the intended use by the local
educational agency of the test score. This subdivision does not
require teachers or other local educational agency personnel to
prepare individualized explanations of the test score of each pupil.
It is the intent of the Legislature that nothing in this section shall
preclude a school or school district from meeting the reporting
requirement by the use of electronic media formats that secure the
confidentiality of the pupil and the pupil’s results. 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.

(3) (A) For assessments that produce valid individual pupil
results, the individual results of each pupil tested pursuant to
Section 60640 also shall be reported to the school and teachers of
a pupil. The local educational agency shall include the test results
of a pupil in his or her pupil records. However, except as provided
in this section and Section 60607, personally identifiable pupil test
results only may be released with the permission of either the
pupil’s parent or guardian if the pupil is a minor, or the pupil if
the pupil has reached the age of majority or is emancipated.

(B) Notwithstanding subparagraph (A) and pursuant to
subdivision (c) of Section 60607, a pupil or his or her parent or
guardian may authorize the release of individual pupil results to a
postsecondary educational institution for the purpose of credit,
placement, determination of readiness for college-level coursework,
or admission.

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

(b) The 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.

(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.

(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.

(e) The department shall ensure that 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 be released to a postsecondary
educational institution.

SEC. 17.  

Section 60642.6 is added to the Education Code, to
read:

60642.6.  

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.

SEC. 18.  

Section 60643 of the Education Code is amended to
read:

60643.  

(a) Notwithstanding any other law, the contractor or
contractors of the achievement tests provided for in Section 60640
shall comply with all of the conditions and requirements of the
contract to the satisfaction of the Superintendent and the state
board.

(b) (1) The department shall develop, and the Superintendent
and the state board shall approve, a contract or contracts to be
entered into with a contractor in connection with the test provided
for in Section 60640. The department may develop the contract
through 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.

(2) 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. 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:

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

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

(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.

(D) The cost of the assessment system.

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

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

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

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

(5) 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.

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

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

(A) Development of new tests or test items.

(B) Test materials production or publication.

(C) Delivery or electronic distribution of test materials to local
educational agencies.

(D) Test processing, scoring, and analyses.

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

(F) Reporting of valid and reliable test results to the department,
including, but not necessarily limited to, the following electronic
files:

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

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

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

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

(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.

SEC. 19.  

Section 60643.1 of the Education Code is repealed.

SEC. 20.  

Section 60643.5 of the Education Code is repealed.

SEC. 21.  

Section 60643.6 is added to the Education Code, to
read:

60643.6.  

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.

SEC. 22.  

Section 60645 of the Education Code is repealed.

SEC. 23.  

Section 60648 of the Education Code is amended to
read:

60648.  

Exclusive of consortium summative assessments, the
Superintendent shall recommend, and the state board shall adopt,
performance standards on the Measurement of Academic
Performance and Progress summative tests administered pursuant
to this article. The performance levels shall identify and establish
the minimum performance required for meeting a particular
achievement level expectation. Once adopted, these standards shall
be reviewed by the state board every five years to determine
whether adjustments are necessary.

SEC. 24.  

Section 60648.5 is added to the Education Code, to
read:

60648.5.  

(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.

SEC. 25.  

Section 60649 of the Education Code is repealed.

SEC. 26.  

Section 60649 is added to the Education Code, to
read:

60649.  

(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.

SEC. 27.  

Section 99300 of the Education Code is amended to
read:

99300.  

(a) (1) 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.

(2) The 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 assessment, as referenced in Section
60641.

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

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

SEC. 28.  

Section 99301 of the Education Code is amended to
read:

99301.  

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

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

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

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

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

(C) Provide access to the individual assessment results, as
referenced in Section 60641, to participating community college
districts.

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 28.5.  

Section 99301 of the Education Code is amended
to read:

99301.  

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

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

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

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

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

(C) Provide access to the individual assessment results, as
referenced in Section 60641, or a standards-aligned successor
assessment, to participating community college districts.

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

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

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

(3) The assessment, as referenced in Section 60641, and utilized
by CSU for purposes of early assessment, or a standards-aligned
successor 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 common core academic content standards adopted pursuant to
Section 60605.8.

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

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

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

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

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

(1) The individual results of the assessment, as referenced in
Section 60641, or a standards-aligned successor assessment, 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 begin insert , end insert may be used by, CSU to provide
diagnostic advice to, or for, the placement of prospective CSU
students participating in the EAP.

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

SEC. 29.  

begin insert (a) end insert begin insert   end insert Section begin delete 28.5 end delete begin insert 1.5 of this bill incorporates
amendments to Section 52052 of the Education Code proposed by
both this bill and Senate Bill 344. 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 52052 of the
Education Code, and (3) this bill is enacted after Senate Bill 344,
in which case Section 1 of this bill shall not become operative. end insert

begin insert (b) end insert begin insert   end insert begin insert Section 28.5 end insert 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.