BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 172|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  SB 172
          Author:   Liu (D)
          Amended:  4/6/15  
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  6-2, 4/15/15
           AYES:  Liu, Block, Hancock, Leyva, Mendoza, Pan
           NOES:  Huff, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen 

           SUBJECT:   Pupil testing:  high school exit examination:   
                     suspension


          SOURCE:    Superintendent of Public Instruction Tom Torlakson
                      Los Angeles Area Chamber of Commerce 


          DIGEST:   This bill suspends the administration of the high  
          school exit examination, and the requirement that students pass  
          this exam as a condition of graduation from high school, during  
          the 2016-17 through 2018-19 school years, or when the high  
          school exit exam is no longer available.

          ANALYSIS:   


          Existing law:

          1)Required the Superintendent of Public Instruction (SPI) to  








                                                                     SB 172  
                                                                    Page  2


            develop, and the State Board of Education (SBE) to adopt, a  
            high school exit examination in English language arts and  
            mathematics in accordance with the academic content standards  
            adopted by the SBE.  (Education Code § 60850)

          2)Requires pupils to successfully pass the high school exit exam  
            as a condition of receiving a diploma of graduation, in  
            addition to completing state and local graduation  
            requirements.  (Education Code § 60851, 51225.3 and 51224.5)

          3)Established the Academic Content Standards Commission for the  
            purpose of developing the California Common Core Standards  
            (CCCS) in English language arts and mathematics, and required  
            the State Board of Education to reject or adopt those  
            standards by August 2, 2010.  (EC § 60605.8)

          4)Revamped the State's assessment system by eliminating several  
            assessments that were aligned to prior academic content  
            standards, transitioning to assessments that are aligned to  
            the common core standards in English language arts and  
            mathematics, and requiring existing assessments for English  
            language development and primary language to be revised for  
            alignment with the common core standards.  (EC § 60640) 

          5)Requires the SPI, by March 1, 2016, to submit to the SBE, the  
            appropriate legislative policy and fiscal committee and the  
            Director of Finance, recommendations on expanding the  
            California Assessment of Student Performance and Progress to  
            include additional assessments.  The SPI is required to  
            consult with specified stakeholders, and make recommendations  
            regarding assessments including the grade level, content, and  
            type of assessment.  (EC § 60640(c))

          This bill:

          1)Notwithstands the requirement that students pass the high  
            school exit exam (exit exam) as a condition of receiving a  
            diploma of graduation or a condition of graduation from high  
            school, and suspends the administration of and requirement to  
            pass the exit exam for the 2016-17, 2017-18, and 2018-19  
            school years, or when the exit exam is no longer available.

          2)Requires the SPI to convene an advisory panel to provide  
            recommendations to the SPI on the continuation of the high  







                                                                     SB 172  
                                                                    Page  3


            school exit exam, and on alternative pathways to satisfy the  
            high school graduation requirements.

          3)Requires the recommendations of this advisory panel to be  
            included in the currently-required report by the SPI on the  
            expansion of the State's assessment system, which is due to  
            the SBE, appropriate legislative policy and fiscal committees,  
            and the Director of Finance by March 1, 2016. 

          4)Requires the advisory panel to consist of, but not be limited  
            to:

             a)   Secondary teachers.

             b)   School administrators.

             c)   School board members.

             d)   Parents.

             e)   The student member of the State Board of Education.

             f)   Measurement experts.

             g)   Individuals with expertise in assessing English learners  
               and students with disabilities.

          Comments


          Purpose of the high school exit exam.  According to independent  
          evaluations conducted by the Human Resources Research  
          Organization (HumRRO), California's high school exit exam  
          (CAHSEE) has served a valuable purpose by ensuring students  
          demonstrate competency on standards, providing remediation  
          opportunities prior to grade 12, and helping to overall narrow  
          the achievement gap between subgroups.  The findings of HumRRO's  
          2014 Biennial Report include:

          1)Performance on the CAHSEE continues to improve, but remains  
            low for English learners and students with disabilities.

          2)CAHSEE passage rates for students with disabilities have been  
            mixed, and the availability of an exemption or waiver to the  







                                                                     SB 172  
                                                                    Page  4


            requirement appears to influence passing rates.

          3)Graduation rates have continued to improve and dropout rates  
            continue to decrease. Over time, more students persisted into  
            grade 12 and beyond.

          4)A very strong relationship was discovered between CAHSEE  
            achievement and college enrollment.

          5)Preliminary screening of the CAHSEE item bank indicated  
            limited alignment to the Common Core Standards (CCSS) and, for  
            mathematics, alignment of some items to CCSS at a lower grade  
            level.   
            http://www.cde.ca.gov/ta/tg/hs/documents/cahsee14biennlrpt.pdf# 
            search=cahsee%20contract&view=FitH&pagemode=none  

          Alignment with curricular standards.  The State Board of  
          Education adopted the California Common Core Standards in  
          English language arts and mathematics in August 2010.  The  
          CAHSEE is aligned to English language arts and mathematics  
          standards that were adopted by the State Board of Education in  
          1997.  The CAHSEE has not been updated for alignment with  
          current academic content standards.  AB 484 (Bonilla, Chapter  
          489, Statutes of 2013) revamped the State's assessment system  
          to, among other things, transition to assessments that are  
          aligned to the common core standards, including subject-matter  
          exams, the English language development test and the primary  
          language assessment.  

          The 2014 Biennial Report provided by HumRRO states that the  
          evaluators observed review meetings held by the exit exam  
          contractor to evaluate the 16,000 items the contractor  
          considered to be associated with the common core standards.   
          According to HumRRO, approximately half of those items were  
          judged not aligned when evaluated directly to common core  
          standards, and an additional number of mathematics items were  
          judged to align to common core standards at an earlier grade  
          than the California content standard did.  HumRRO reports that  
          these results indicate that the exit exam item bank would need  
          to be substantially revised (e.g., replacing or modifying a  
          significant number of items) to align to the common core  
          standards.

          Contract issues.  According to the California Department of  







                                                                     SB 172  
                                                                    Page  5


          Education (CDE), the contract for the CAHSEE will expire on  
          October 31, 2015.  Pursuant to this contract, the last  
          administration of the CAHSEE was in May 2015.  The CDE maintains  
          that the Department of General Services is prohibiting the CDE  
          from extending the contract for the CAHSEE, and instead is  
          requiring the CDE to issue a Request for Proposal.  This process  
          can be time consuming; even if initiated immediately, a new  
          contract will not be in place to ensure administration of the  
          CAHSEE in July and possibly October and later in 2015.

          The 2015 Budget Act includes language to specifically authorize  
          the CDE to extend the CAHSEE contract for one year, contingent  
          upon the continuation of the CAHSEE requirement.  This language  
          is necessary in the event that this bill fails passage or is  
          amended to keep the CAHSEE requirement in place for another  
          school year.

          Absent any action, the CAHSEE will not be administered to  
          students beginning July 2015, yet the requirement to pass the  
          exit exam remains.  This bill suspends the requirement to pass  
          the exit exam during specified school years, or when the exit  
          exam is no longer available. 

          Why suspend?  This bill suspends the administration of the high  
          school exit exam, and the requirement that students pass this  
          exam as a condition of graduation from high school.  According  
          to the author, this bill does not eliminate the high school exit  
          exam, specifically requires the exit exam to be updated or  
          replaced, or provide for a replacement or alternative during the  
          term of suspension because the decisions of whether the exit  
          exam should be updated, replaced with other measurements, or  
          eliminated should be carefully considered by the workgroup  
          established by this bill.  
          
          Used for federal accountability.  The federal Elementary and  
          Secondary Education Act requires States that participate in  
          Title I (provides funding to schools to educate low-income  
          students) to meet Adequate Yearly Progress (AYP) criteria.  The  
          required AYP indicators (at the school, local educational agency  
          and State levels) for California's 2014 AYP reports are all of  
          the following: 

          1)Participation rate - requires a 95% participation rate on the  
            statewide assessments in order to make AYP.







                                                                     SB 172  
                                                                    Page  6



          2)Annual Measurable Objectives, also known as percent proficient  
            - requires that 100% of students perform at the proficient or  
            above level on statewide assessments in English language arts  
            and mathematics by 2014. 

          3)Graduation rate - requires the State to use the graduation  
            rate as an additional indicator for all schools and local  
            educational agencies with grade 12 students.

          California currently reports CAHSEE data as part of AYP for  
          purposes of calculating participation rates and percent  
          proficient.  Four years of enrollment and exit data are used to  
          calculate the graduation rate for schools and local educational  
          agencies.  Absent the availability of CAHSEE data, the State may  
          report data from the State Board-adopted assessments that are  
          aligned to the common core.  The absence of CAHSEE data will not  
          compromise the State's ability to meet federal accountability  
          requirements.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:




          1)The suspension of the high school exit examination results in  
            estimated savings of up to mid tens of millions in Proposition  
            98 General Fund and Federal fund savings over a multi-year  
            period.




          2)CDE estimates that this bill will result in one-time costs  
            between $123,000 and $200,000 to convene an advisory panel,  
            depending on the number of panel members.  The recommendations  
            that derive from this panel could create a potentially  
            significant cost pressure to implement them.









                                                                     SB 172  
                                                                    Page  7




          SUPPORT:   (Verified5/28/15)


          Superintendent of Public Instruction Tom Torlakson (co-source)
          Los Angeles Area Chamber of Commerce (co-source)
          California School Boards Association
          California State PTA
          California Teachers Association
          EdVoice
          Riverside County Superintendent of Schools
          San Diego Unified School District
          San Francisco Unified School District
          SIATech


          OPPOSITION:   (Verified5/28/15)


          None received


          ARGUMENTS IN SUPPORT:     According to EdVoice, the CAHSEE has  
          no alignment to the current adopted state standards.  In fact,  
          it has never had a passage performance level set at the true  
          level of preparedness necessary to demonstrate readiness for  
          college or career.  Furthermore, we understand the Department  
          has been notified it is unable to extend the contract for the  
          current exit examination, and has no plan to initiate a new  
          competitive bidding process in a timely fashion to maintain  
          continuity of opportunity in exam administrations.  California  
          cannot defend an inequitable policy of administering a  
          high-stakes test to hold certain students in a specific  
          graduating class accountable to a standards, while knowingly  
          preventing other students of the same graduating class from  
          logistically accessing the statutorily designated instrument to  
          demonstrate their competence to meet the same requirement.


          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          5/31/15 13:07:33









                                                                     SB 172  
                                                                    Page  8


                                   ****  END  ****