Senate BillNo. 172


Introduced by Senator Liu

February 5, 2015


An act to amend Section 60640 of, and add Section 60851.5 to, the Education Code, relating to pupil testing.

LEGISLATIVE COUNSEL’S DIGEST

SB 172, as introduced, Liu. Pupil testing: high school exit examination: suspension.

Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop a high school exit examination in English language arts and mathematics in accordance with state academic content standards. Existing law requires, commencing with the 2003-04 school year and each school year thereafter, each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school.

This bill would suspend the administration of the high school exit examination and would remove the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school for each pupil completing grade 12, for the 2016-17, 2017-18, and 2018-19 school years.

Existing law establishes the California Assessment of Student Performance and Progress as the statewide system of pupil assessments, under which various assessments are required or authorized to be administered in public schools, as specified. Existing law requires the Superintendent, on or before March 1, 2016, to submit to the state board recommendations on expanding the California Assessment of Student Performance and Progress to include additional assessments, for consideration at a regularly scheduled public meeting, and to also submit those recommendations to the appropriate policy and fiscal committees of the Legislature and to the Director of Finance in accordance with specified requirements.

This bill would add a new requirement, that the Superintendent convene an advisory panel consisting of specified individuals to provide recommendations to the Superintendent on the continuation of the high school exit examination and on alternative pathways to satisfy specified high school graduation requirements, to those recommendations to be submitted by the Superintendent.

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

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

P2    1

SECTION 1.  

Section 60640 of the Education Code is amended
2to read:

3

60640.  

(a) There is hereby established the California
4Assessment of Student Performance and Progress, to be known as
5the CAASPP.

6(b) Commencing with the 2013-14 school year, the CAASPP
7shall be composed of all of the following:

8(1) (A) A consortium summative assessment in English
9language arts and mathematics for grades 3 to 8, inclusive, and
10grade 11 that measures content standards adopted by the state
11board.

12(B) In the 2013-14 school year, the consortium summative
13assessment in English language arts and mathematics shall be a
14field test only, to enable the consortium to gauge the validity and
15reliability of these assessments and to conduct all necessary
16psychometric procedures and studies, including, but not necessarily
17limited to, achievement standard setting, and to allow the
18department to conduct studies regarding full implementation of
19the assessment system. These field tests and results shall not be
20used for any other purpose, including the calculation of any
21accountability measure.

22(2) (A) Science grade level assessments in grades 5, 8, and 10
23that measure content standards adopted pursuant to Section 60605,
24until a successor assessment is implemented pursuant to
25subparagraph (B).

P3    1(B) For science assessments, the Superintendent shall make a
2recommendation to the state board as soon as is feasible after the
3adoption of science content standards pursuant to Section 60605.85
4regarding the assessment of the newly adopted standards. Before
5making recommendations, the Superintendent shall consult with
6stakeholders, including, but not necessarily limited to, California
7science teachers, individuals with expertise in assessing English
8learners and pupils with disabilities, parents, and measurement
9experts, regarding the grade level and type of assessment. The
10recommendations shall include cost estimates and a plan for
11implementation of at least one assessment in each of the following
12grade spans:

13(i) Grades 3 to 5, inclusive.

14(ii) Grades 6 to 9, inclusive.

15(iii) Grades 10 to 12, inclusive.

16(3) The California Alternate Performance Assessment in grades
172 to 11, inclusive, in English language arts and mathematics and
18science in grades 5, 8, and 10, which measures content standards
19adopted pursuant to Section 60605 until a successor assessment
20is implemented. The successor assessment shall be limited to the
21grades and subject areas assessed pursuant to paragraph (1) and
22subparagraph (B) of paragraph (2).

23(4) The Early Assessment Program established by Chapter 6
24(commencing with Section 99300) of Part 65 of Division 14 of
25Title 3.

26(5) (A) A local educational agency may administer a primary
27language assessment aligned to the English language arts standards
28adopted pursuant to Section 60605, as it read on January 1, 2013,
29to pupils who are identified as limited English proficient and
30enrolled in any of grades 2 to 11, inclusive, until a subsequent
31primary language assessment aligned to the common core standards
32in English language arts adopted pursuant to Section 60605.8 is
33developed pursuant to subparagraph (E).

34(B) If a local educational agency chooses to administer a primary
35language assessment to pupils identified as limited English
36proficient and enrolled in any of grades 2 to 11, inclusive, pursuant
37to subparagraph (A), it shall notify the department in a manner to
38be determined by the department and the costs shall be paid by the
39state and included as part of the testing contract, and the department
40shall provide the local educational agency a per pupil
P4    1apportionment for administering the assessment pursuant to
2subdivision (l).

3(C) The Superintendent shall consult with stakeholders,
4including assessment and English learner experts, to determine
5the content and purpose of a stand-alone language arts summative
6assessment in primary languages other than English that aligns
7with the English language arts content standards. The
8Superintendent shall consider the appropriate purpose for this
9assessment, including, but not necessarily limited to, support for
10the State Seal of Biliteracy and accountability. It is the intent of
11the Legislature that an assessment developed pursuant to this
12section be included in the state accountability system.

13(D) The Superintendent shall report and make recommendations
14to the state board at a regularly scheduled public meeting no sooner
15than one year after the first full administration of the consortium
16computer-adaptive assessments in English language arts and
17mathematics summative assessments in grades 3 to 8, inclusive,
18and grade 11, regarding an implementation timeline and estimated
19costs of a stand-alone language arts summative assessment in
20primary languages other than English.

21(E) The Superintendent shall develop, and the state board shall
22adopt, a primary language assessment. The Superintendent shall
23administer this assessment no later than the 2016-17 school year.

24(F) This paragraph shall be operative only to the extent that
25funding is provided in the annual Budget Act or another statute
26for the purpose of this section.

27(c) No later than March 1, 2016, the Superintendent shall submit
28to the state board recommendations on expanding the CAASPP
29to include additional assessments, for consideration at a regularly
30scheduled public meeting. The Superintendent shall also submit
31these recommendations to the appropriate policy and fiscal
32committees of the Legislature and to the Director of Finance in
33accordance with all of the following:

34(1) In consultation with stakeholders, including, but not
35necessarily limited to, California teachers, individuals with
36expertise in assessing English learners and pupils with disabilities,
37parents, and measurement experts, the Superintendent shall make
38 recommendations regarding assessmentsbegin insert,end insert including the grade level,
39content, and type of assessment. These recommendations shall
40take into consideration the assessments already administered or
P5    1planned pursuant to subdivision (b). The Superintendent shall
2consider the use of consortium-developed assessments, various
3item types, computer-based testing, and a timeline for
4implementation.

5(2) The recommendations shall consider assessments in subjects,
6including, but not necessarily limited to, history-social science,
7technology, visual and performing arts, and other subjects as
8appropriate, as well as English language arts, mathematics, and
9science assessments to augment the assessments required under
10subdivision (b), and the use of various assessment options,
11including, but not necessarily limited to, computer-based tests,
12locally scored performance tasks, and portfolios.

13(3) The recommendations shall include the use of an assessment
14calendar that would schedule the assessments identified pursuant
15to paragraph (2) over several years, the use of matrix sampling, if
16appropriate, and the use of population sampling.

17(4) The recommendations shall include a timeline for test
18development, and shall include cost estimates for subject areas, as
19appropriate.

20(5) Upon approval by the state board and the appropriation of
21funding for this purpose, the Superintendent shall develop and
22administer approved assessments. The state board shall approve
23test blueprints, achievement level descriptors, testing periods,
24performance standards, and a reporting plan for each approved
25assessment.

begin insert

26(6) The Superintendent shall convene an advisory panel,
27including, but not necessarily limited to, secondary teachers, school
28administrators, school board members, parents, measurement
29experts, and individuals with expertise in assessing English
30learners and pupils with disabilities, to provide recommendations
31to the Superintendent on the continuation of the high school exit
32examination, described in Chapter 9 (commencing with Section
3360850), and on alternative pathways to satisfy the high school
34graduation requirements pursuant to Sections 51224.5 and
3551225.3.

end insert

36(d) For the 2013-14 and 2014-15 school years, the department
37shall make available to local educational agencies Standardized
38Testing and Reporting Program test forms no longer required by
39the CAASPP. The cost of implementing this subdivision, including,
40but not necessarily limited to, shipping, printing, scoring, and
P6    1reporting per pupil shall be the same for all local educational
2agencies, and shall not exceed the marginal cost of the assessment,
3including any cost the department incurs to implement this section.
4A local educational agency that chooses to administer an
5assessment pursuant to this subdivision shall do so at its own
6expense, and shall enter into an agreement for that purpose with
7a contractor, subject to the approval of the department.

8(e) The Superintendent shall make available a paper and pencil
9version of any computer-based CAASPP assessment for use by
10pupils who are unable to access the computer-based version of the
11assessment for a maximum of three years after a new operational
12test is first administered.

13(f) (1) From the funds available for that purpose, each local
14educational agency shall administer assessments to each of its
15 pupils pursuant to subdivision (b). As allowable by federal statute,
16recently arrived English learner pupils are exempted from taking
17the assessment in English language arts. The state board shall
18establish a testing period to provide that all schools administer
19these tests to pupils at approximately the same time during the
20instructional year. The testing period established by the state board
21shall take into consideration the need of local educational agencies
22to provide makeup days for pupils who were absent during testing,
23as well as the need to schedule testing on electronic computing
24devices.

25(2) For the 2013-14 school year, each local educational agency
26shall administer the field tests in a manner described by the
27department in consultation with the president or executive director
28of the state board. Additional participants in the field test beyond
29the representative sample may be approved by the department, and
30the department shall use existing contract savings to fund local
31educational agency participation in one or more tests per
32participant. Funds for this purpose shall be used to allow for
33maximum participation in the field tests across the state. To the
34extent savings in the current contract are not available to fully fund
35this participation, the department shall prorate available funds by
36test. Local educational agencies shall bear any additional costs to
37administer these assessments that are in excess of the contracted
38amount. Withbegin insert theend insert approval of the state board and the Director of
39Finance, the department shall amend the existing assessment
40contract to accommodate field testing beyond the representative
P7    1sample, and to allow for special studies using information collected
2from the field tests.

3(g) From the funds available for that purpose, each local
4educational agency shall administer assessments as determined by
5the state board pursuant to paragraph (5) of subdivision (c).

6(h) As feasible, the CAASPP field tests shall be conducted in
7a manner that will minimize the testing burden on individual
8schools. The CAASPP field tests shall not produce individual pupil
9scores unless it is determined that these scores are valid and
10reliable.

11(i) The governing board of a school district may administer
12achievement tests in grades other than those required by this section
13as it deems appropriate.

14(j) Subject to the approval of the state board, the department
15may make available to local educational agencies a primary
16language assessment aligned to the English language arts standards
17adopted pursuant to Section 60605, as it read on January 1, 2013,
18for assessing pupils who are enrolled in a dual language immersion
19program that includes the primary language of the assessment and
20who are either nonlimited English proficient or redesignated fluent
21English proficient until a subsequent primary language assessment
22aligned to the common core standards in English language arts
23adopted pursuant to Section 60605.8 is developed pursuant to
24paragraph (5) of subdivision (b). The cost for the assessment shall
25be the same for all local educational agencies and shall not exceed
26the marginal cost of the assessment, including any cost the
27department incurs to implement this section. A local educational
28agency that elects to administer a primary language assessment
29pursuant to this subdivision shall do so at its own expense and
30shall enter into an agreement for that purpose with the state testing
31contractor, subject to the approval of the department.

32(k) Pursuant to Section 1412(a)(16) of Title 20 of the United
33States Code, individuals with exceptional needs, as defined in
34Section 56026, shall be included in the testing requirement of
35subdivision (b) with appropriate accommodations in administration,
36where necessary, and the individuals with exceptional needs who
37are unable to participate in the testing, even with accommodations,
38shall be given an alternate assessment.

P8    1(l) (1) The Superintendent shall apportion funds appropriated
2for these purposes to local educational agencies to enable them to
3meet the requirements of subdivisions (b) and (c).

4(A) For the CAASPP field tests administered in the 2013-14
5school year or later school years, the Superintendent shall apportion
6funds to local educational agencies if funds are specifically
7provided for this purpose in the annual Budget Act.

8(B) The Superintendent shall apportion funds to local
9educational agencies to enable them to administer assessments
10used to satisfy the voluntary Early Assessment Program in the
112013-14 school year pursuant to paragraph (4) of subdivision (b).

12(2) The state board annually shall establish the amount of
13funding to be apportioned to local educational agencies for each
14test administered and annually shall establish the amount that each
15contractor shall be paid for each test administered under the
16contracts required pursuant to Section 60643. The amounts to be
17paid to the contractors shall be determined by considering the cost
18estimates submitted by each contractor each September and the
19amount included in the annual Budget Act, and by making
20allowance for the estimated costs to local educational agencies for
21compliance with the requirements of subdivisions (b) and (c). The
22state board shall take into account changes to local educational
23agency test administration activities under the CAASPP, including,
24but not limited to, the number and type of tests administered and
25changes in computerized test registration and administration
26procedures, when establishing the amount of funding to be
27apportioned to local educational agencies for each test
28administered.

29(3) An adjustment to the amount of funding to be apportioned
30per test shall not be valid without the approval of the Director of
31Finance. A request for approval of an adjustment to the amount
32of funding to be apportioned per test shall be submitted in writing
33to the Director of Finance and the chairpersons of the fiscal
34committees of both houses of the Legislature with accompanying
35material justifying the proposed adjustment. The Director of
36Finance is authorized to approve only those adjustments related
37to activities required by statute. The Director of Finance shall
38approve or disapprove the amount within 30 days of receipt of the
39request and shall notify the chairpersons of the fiscal committees
40of both houses of the Legislature of the decision.

P9    1(m) For purposes of making the computations required by
2Section 8 of Article XVI of the California Constitution, the
3appropriation for the apportionments made pursuant to paragraph
4(1) of subdivision (l), and the payments made to the contractors
5under the contracts required pursuant to Section 60643 or
6subparagraph (C) of paragraph (1) of subdivision (a) of Section
760605 between the department and the contractor, are “General
8Fund revenues appropriated for school districts,” as defined in
9subdivision (c) of Section 41202, for the applicable fiscal year,
10and included within the “total allocations to school districts and
11community college districts from General Fund proceeds of taxes
12appropriated pursuant to Article XIII  B,” as defined in subdivision
13(e) of Section 41202, for that fiscal year.

14(n) As a condition to receiving an apportionment pursuant to
15subdivision (l), a local educational agency shall report to the
16Superintendent all of the following:

17(1) The pupils enrolled in the local educational agency in the
18grades in which assessments were administered pursuant to
19subdivisions (b) and (c).

20(2) The pupils to whom an achievement test was administered
21pursuant to subdivisions (b) and (c) in the local educational agency.

22(3) The pupils in paragraph (1) who were exempted from the
23test pursuant to this section.

24(o) The Superintendent and the state board are authorized and
25encouraged to assist postsecondary educational institutions to use
26the assessment results of the CAASPP, including, but not
27necessarily limited to, the grade 11 consortium summative
28assessments in English language arts and mathematics, for
29academic credit, placement, or admissions processes.

30(p) Subject to the availability of funds in the annual Budget Act
31for this purpose, and exclusive of the consortium assessments, the
32Superintendent, with the approval of the state board, annually shall
33release to the public test items from the achievement tests pursuant
34to Section 60642.5 administered in previous years. Where feasible
35and practicable, the minimum number of test items released per
36year shall be equal to 25 percent of the total number of test items
37on the test administered in the previous year.

38(q) On or before July 1, 2014, Sections 850 to 868, inclusive,
39of Title 5 of the California Code of Regulations shall be revised
40by the state board to conform to the changes made to this section
P10   1in the first year of the 2013-14 Regular Session. The state board
2shall adopt initial regulations as emergency regulations to
3immediately implement the CAASPP assessments, including, but
4not necessarily limited to, the administration, scoring, and reporting
5of the tests, as the adoption of emergency regulations is necessary
6for the immediate preservation of the public peace, health, safety,
7or general welfare within the meaning of Section 11346.1 of the
8Government Code. The emergency regulations shall be followed
9by the adoption of permanent regulations, in accordance with the
10Administrative Procedure Act (Chapter 3.5 (commencing with
11Section 11340) of Part 1 of Division 3 of Title 2 of the Government
12Code).

13

SEC. 2.  

Section 60851.5 is added to the Education Code, to
14read:

15

60851.5.  

Notwithstanding Section 60851, the administration
16of the high school exit examination, and the requirement that each
17pupil completing grade 12 successfully pass the high school exit
18examination as a condition of receiving a diploma of graduation
19or a condition of graduation from high school, shall be suspended
20for the 2016-17, 2017-18, and 2018-19 school years.



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