BILL NUMBER: AB 2600 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 21, 2014
An act to amend Section 60640 of Sections
60603, 60604, 60607, 60611, 60630, 60640, 60641, 60643, 60643.6, and
60648 of, and to amend 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, relating to pupil assessment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2600, as amended, Bonilla. Pupil assessment:
Measurement of Academic California Assessment of
Student Performance and Progress.
Existing law establishes 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 MAPP is
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. Existing law specifies
numerous policies and procedures with respect to the development and
the implementation of the MAPP by the Superintendent of Public
Instruction, the State Board of Education, and affected local
educational agencies.
Existing law requires the Superintendent to submit to the state
board recommendations on expanding the MAPP to include additional
assessments no later than March 1, 2016.
This bill would change the deadline for the submission of
these recommendations to March 2, 2016. the name of
the MAPP to the California Assessment of Student Performance
and Progress (CAASPP), and would make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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) "California Assessment of Student Performance and Progress
(CAASPP)" 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.
(c)
(d) "Census administration" means a test administration
in which all pupils take comparable assessments of the same content
and where results of individual performance are appropriate and
meaningful to parents, pupils, and teachers.
(d)
(e) "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)
(f) "Computer-based assessment" means a test
administered using an electronic computing device.
(f)
(g) "Consortium" means a multistate collaborative
organized to develop a comprehensive system of assessments or
formative tools such as described in Section 60605.7.
(g)
(h) "Constructed-response questions" means a type of
assessment item that requires pupils to construct their own answers.
(h)
(i) "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)
(j) "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)
(k) "End of course exam"
examination " means a comprehensive and challenging
assessment of pupil achievement in a particular subject area or
discipline.
(k)
( l ) "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 )
(m) "Formative assessment tools" means assessment tools
and processes that are embedded in instruction and used by teachers
and pupils to provide timely feedback for purposes of adjusting
instruction to improve learning.
(m)
(n) "High-quality assessment" means an assessment
designed to measure a pupil's knowledge of, understanding of, and
ability to apply, critical concepts through the use of a variety of
item types and formats, including, but not 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)
(o) "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)
(p) "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)
(q) "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. 2. 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) California Assessment of
Student Performance and Progress (CAASPP) 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 CAASPP 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, CAASPP, 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 CAASPP 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,
CAASPP, 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.
CAASPP.
(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. 3. 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),
California Assessment of Student Performance and
Progress (CAASPP), or any predecessor assessments, established
pursuant to Article 4 (commencing with Section 60640), results of
end-of-course exams examinations he or
she has taken, and the vocational education certification
exams examinations 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
CAASPP 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 former
Section 49079.6, as it read on December 31, 2013, 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 CAASPP may be
released to a postsecondary educational institution for the purpose
of credit, placement, or admission.
SEC. 4. 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 California Assessment of Student
Performance and Progress.
SEC. 5. 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
California Assessment of Student 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. 6. 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 California Assessment of Student Performance
and Progress
SECTION 1. SEC. 7. Section 60640 of
the Education Code is amended to read:
60640. (a) There is hereby established the Measurement
of Academic California Assessment of Student
Performance and Progress, to be known as the MAPP.
CAASPP.
(b) Commencing with the 2013-14 school year, the MAPP
CAASPP 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, 2 March 1,
2016, the Superintendent shall submit to the state board
recommendations on expanding the MAPP CAASPP
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. CAASPP. 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 CAASPP
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 CAASPP
field tests shall be conducted in a manner that will minimize the
testing burden on individual schools. The MAPP
CAASPP 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 CAASPP 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, CAASPP,
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, CAASPP,
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 CAASPP 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. 8. 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) California Assessment
of Student Performance and Progress (CAASPP) 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 CAASPP 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 CAASPP
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)
(d) 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 CAASPP for the purpose of
determining credit, placement, or readiness for college-level
coursework be released to a postsecondary educational institution.
SEC. 9. 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) California Assessment
of Student Performance and Progress 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. 10. Section 60643.6 of the
Education Code is amended 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 California Assessment of
Student Performance and Progress.
SEC. 11. 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
California Assessment of Student 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.