BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                    AB 1876


                                                                     Page A


          Date of Hearing:  April 6, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1876  
          (Lopez) - As Amended March 28, 2016


          SUBJECT:  Pupils:  diploma alternatives:  language options


          SUMMARY:  Requires high school equivalency exams to be offered  
          in languages other than English.  Specifically, this bill:  


          1)Makes findings and declarations regarding the need to reduce  
            language barriers in all areas of government, including in  
            obtaining high school equivalency certificates.


          2)Prohibits the California Department of Education (CDE),  
            commencing January 1, 2019, from approving or renewing  
            approval of a contractor or testing center to administer a  
            high school equivalency exam unless the contractor or testing  
            center provides the general educational development tests that  
            have been approved by the State Board of Education (SBE) in  
            the top five primary languages used in the state, as  
            determined by the CDE based on United States Census data.


          3)Provides that an examinee shall be permitted to take the test  
            in the offered language of his or her choice of the top five  
            primary languages used in the state.












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          4)Specifies that these requirements are intended to supplement  
            and not supplant any other requirements the CDE adopts for  
            approval of contractors or testing centers.


          EXISTING LAW:  Requires the Superintendent of Public Instruction  
          (SPI) to issue a high school equivalency certificate to any  
          individual who has not completed high school and who meets all  
          of the following requirements:



          1)Is a resident of this state or is a member of the armed  
            services assigned to duty in this state.



          2)Has taken all or a portion of a general educational  
            development test that has been approved by the State Board of  
            Education (SBE) and that is administered by a testing center  
            approved by the department, with a score determined by the  
            state board to be equal to the standard of performance  
            expected from high school graduates.



          3)Meets one of the following:

               a.     Is at least 18 years of age;

               b.     Would have graduated from high school had he or she  
                 remained in school and followed the usual course of study  
                 toward graduation;

               c.     Is at least 17 years of age, has accumulated fewer  
                 than 100 units of high school credit, and is confined to  
                 a state or county hospital or to an institution  
                 maintained by a state or county correctional agency; or











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               d.     Is at least 17 years of age, has accumulated fewer  
                 than 100 units of high school credit prior to enrollment  
                 in the academic program described in this paragraph, and  
                 has successfully completed the academic program offered  
                 by a dropout recovery high school that provides the pupil  
                 with all of the following:

                     i.          Instruction aligned to state academic  
                      content standards;

                     ii.         The opportunity to complete the  
                      requirements for a high school diploma; or

                     iii.        At least one year of instruction or  
                      instruction followed by services related to the  
                      academic program.


          FISCAL EFFECT:  Unknown


          COMMENTS:  The SBE has approved three high school equivalency  
          tests for use in California:  the General Educational  
          Development Test (GED), the High School Equivalency Test  
          (HiSET), and the Test Assessing Secondary Completion (TASC).   
          The SBE has approved Spanish language as well as English  
          language versions of each of these tests.


          In 2013 (the most recent year for which data are available),  
          64,983 Californians took the GED, 57,422 completed it, and  
          44,864 (69.0% of test takers and 78.1% of test completers)  
          passed it.  Of the 64,983 Californians who took the test, 37,430  
          (57.6%) were reported as Hispanic, and 8,624 (15.3%) took the  
          test in Spanish.


          This bill prohibits the California Department of Education  











                                                                    AB 1876


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          (CDE), commencing January 1, 2019, from approving or renewing  
          approval of a contractor or testing center to administer a high  
          school equivalency exam unless the contractor or testing center  
          provides the general educational development tests that have  
          been approved by the SBE in the top five primary languages used  
          in the state, as determined by the CDE based on data from the U.  
          S. Census Bureau.  Presumably, the top five languages include  
          English, so the bill effectively requires the tests to be  
          offered in English plus the top four non-English languages in  
          each service area.  According to an October 2015 report from the  
          Census Bureau, the top five languages spoken in California are:


           ----------------------------------------------------------------- 
          |                 |                     |Number Who Speak English |
          |                 |                     |                         |
          |                 |                     |                         |
          |    Language     | Number of Speakers  |  "Less than Very Well"  |
          |                 |                     |                         |
          |                 |                     |                         |
          |-----------------+---------------------+-------------------------|
          |English          |     19,782,598      |           N/A           |
          |                 |                     |                         |
          |                 |                     |                         |
          |-----------------+---------------------+-------------------------|
          |Spanish          |     10,105,385      |        4,539,249        |
          |                 |                     |                         |
          |                 |                     |                         |
          |-----------------+---------------------+-------------------------|
          |Chinese (all     |      1,058,231      |         593,816         |
          |dialects)        |                     |                         |
          |                 |                     |                         |
          |                 |                     |                         |
          |-----------------+---------------------+-------------------------|
          |Tagalog          |       764,743       |         258,008         |
          |                 |                     |                         |
          |                 |                     |                         |
          |-----------------+---------------------+-------------------------|
          |Vietnamese       |       521,534       |         311,142         |











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          These data are based on the population aged 5 and over.  It is  
          not known how many of those reporting they speak English less  
          than very well would have an interest in, a need to, or be  
          eligible to take a high school equivalency test.


          Multiple non-English versions do not currently exist.  According  
          to the CDE, it would take about two years to develop non-English  
          versions of the equivalency tests in languages other than  
          Spanish, and the development process is very expensive.  It is  
          not a simply matter of translating the English version, which  
          may not be culturally relevant to non-English speakers.  The  
          process involves, developing the test, conducting field tests to  
          ensure validity and reliability, and setting performance  
          standards.  


          Non-English tests have questionable value.  The author's office  
          argues that this bill would improve access to college and career  
          opportunities by enabling non-English speakers to receive an  
          equivalency certificate and cites a study that found measurable  
          economic benefits to foreign-born individuals who obtained an  
          equivalency certificate.<1>  While this is a laudable goal, the  
          study cited by the author's office was based on individuals who  
          took the test in English and does not support a conclusion that  
          the observed benefits would accrue to individuals who took the  
          test in a language other than English.  In fact, the CDE reports  
          that, even though the Spanish language versions of the tests are  
          approved by the SBE, there is anecdotal evidence that it is not  
          ---------------------------


          <1> Melissa A. Clark and David A. Jaeger, "Natives, the  
          Foreign-Born and High School Equivalents:  New Evidence on the  
          Returns to the GED."  Working Paper #462, Princeton University,  
          Industrial Relations Section, April 2002.








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          recognized by employers and some postsecondary institutions as  
          being equivalent to the English language version.


          Unintended consequences.  The high cost of test development  
          would leave test providers with three options.  The first, and  
          least likely option, would be to absorb the cost of new test  
          development and scoring.  This is not likely, because even the  
          not-for-profit providers need to recover their costs through  
          fees.  The second, and perhaps most likely consequence, would be  
          to recover the additional costs by increasing the fees charged  
          to test takers.  Since 90% of test takers are low income, this  
          option could result in reducing opportunities for many by making  
          the test too expensive.  This would be especially true if the  
          additional costs were recovered by higher fees on only the  
          non-English versions of the tests.  Those test takers would pay  
          a premium for a certificate that has less value than the  
          English-language one.  The third option would be to discontinue  
          offering the tests in California.  While the size of the  
          California market makes this seem unlikely, it cannot be ruled  
          out as a possibility if the test providers determine that they  
          cannot expect to recover the increased costs through higher  
          fees.  Options 2 and 3 would both reduce opportunities for the  
          very population that this bill is intended to help.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None received















                                                                    AB 1876


                                                                     Page G


          Opposition


          None received




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087