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. AB 1876 Page B 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 AB 1876 Page C 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 Page D (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 | AB 1876 Page E | | | | | | | | ----------------------------------------------------------------- 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. AB 1876 Page F 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