Amended in Senate April 6, 2015

Senate Bill No. 359

Introduced by Senator Mitchell

(Coauthor: Assembly Member Jones-Sawyer)

February 24, 2015

An act to add Section 51224.7 to the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 359, as amended, Mitchell. begin delete Fair end delete begin insert California end insert Mathematics begin delete and Academic end delete Placement Act of 2015.

(1) Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the begin delete Fair end delete begin insert California end insert Mathematics begin delete and Academic end delete Placement Act of 2015. begin delete The bill would express findings and declarations of the Legislature relating to the importance of pupil achievement in mathematics. end delete The bill would require begin delete the Superintendent of Public Instruction end delete begin insert each local educational agency, as defined, serving pupils in grade 8 or 9, or both, end insert to develop and begin delete establish end delete begin insert implement end insert a fair, objective, and transparent statewide mathematics begin delete and academic end delete placement policy with specified begin delete elements and would require school districts to implement that policy. To the extent that the bill would impose new duties on school districts, it would constitute end delete begin insert elements. The bill would further require each local educational agency to ensure that its mathematics placement policy is available to each pupil and his or her parent or legal guardian and is posted prominently on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose end insert a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Pupil achievement in mathematics is important to prepare
pupils for college and their future careers, especially those careers
in the begin delete STEM end delete fields of science, technology, engineering, and
begin delete mathematics. end delete begin insert mathematics (STEM). end insert

(b) A pupil’s 9th grade math course placement is a crucial
crossroads for his or her future educational success. Misplacement
in the sequence of mathematics courses creates a number of
begin delete barriers, end delete begin insert barriers end insert and results in pupils being less competitive for
college begin delete admissions. end delete begin insert admissions, including admissions at the
California State University and University of California. end insert

(c) The most egregious examples of mathematics misplacement
begin delete often end delete occur with successful pupils and, disproportionately, with
successful pupils of color. begin delete Often, these end delete begin insert These end insert successful pupils begin delete of
underrepresented populations end delete are achieving begin delete grades end delete begin insert a grade end insert of “B”
or better, or are testing at proficient or even advanced proficiency
begin delete levels end delete on state begin delete assessments, but are nevertheless end delete begin insert assessments.
Nevertheless, they are end insert held back to repeat 8th grade mathematics
coursework rather than advancing to the next course in the
recommended mathematics course sequence.

begin insert

(d) Mathematics misplacement has far-reaching impacts on a
pupil’s confidence, general knowledge of mathematical concepts,
and high school experience, and may also impact the college career
opportunities available to the pupil.

end insert begin insert

(e) New research shows that it is less common for pupils of
color, even high-achieving pupils of color, to reach calculus by
grade 12 compared to their white and Asian peers.

end insert begin insert

(f) All pupils, regardless of race or ethnic background, deserve
an equal chance to advance in mathematics.

end insert begin insert

(g) With the shift towards implementation of the Common Core
State Standards for Mathematics, it is particularly important for
all pupils to have access to high-quality mathematics programs
that meet the goals and expectations of these standards.

end insert begin insert

(h) It is crucial for teachers and guidance personnel to advise
pupils and parents on the importance of accurate mathematics
course placement and its impact on future college eligibility so
pupils may take each course in the mathematics course sequence.

end insert begin insert

(i) California faces a looming shortage of college-educated
workers in an increasingly competitive global economy.

end insert begin insert

(j) A policy for correct mathematics placement must be
addressed in order to ensure a fair process and chance of success
for all pupils.

end insert

SEC. 2.  

Section 51224.7 is added to the Education Code, to
read:

51224.7.  

(a) This act shall be known, and may be cited, as the
begin delete Fair end delete begin insert California end insert Mathematics begin delete and Academic end delete Placement Act of
2015.

(b)  begin delete The Superintendent end delete begin insert Each local educational agency serving
pupils in grade 8 or 9, or both, end insert shall develop and begin delete establish end delete
begin insert implement end insert a fair, objective, and transparent statewide mathematics
begin delete and academic end delete placement policy that begin delete shall include at least all of the
following elements: end delete begin insert does all of the following: end insert

(1) Systematically begin delete take multiple objective measures end delete begin insert takes
current academic objective measures end insert into consideration, such as
begin delete diagnostic placement tests, end delete statewide assessments, pupil grades,
and begin delete pupil work. end delete begin insert diagnostic placement tests. end insert

(2)  begin delete Include end delete begin insert Includes end insert multiple progress checkpoints begin delete through end delete
begin insert throughout end insert the academic year to permit begin delete the end delete reevaluation of
begin insert individual end insert pupil begin delete progress. end delete begin insert progress, including at least one
checkpoint within the first three months of the academic year. end insert

(3)  begin delete Require periodic end delete begin insert Requires end insert examination of pupil placement
begin delete data end delete begin insert data, at least annually, end insert to ensure that there is no
disproportionate impact in the course placement of pupils by race,
ethnicity, or socioeconomic background. begin insert The local educational
agency shall report the aggregate results of this examination to
the governing board of the local educational agency and
prominently post the examination results on its Internet Web site.
This report may be included as part of the local educational
agency’s accountability report of its local control and
accountability plan. end insert

begin delete

(4) Be readily available to pupils and parents, and offer clear
recourse for pupils and parents who question placement decisions.

end delete begin delete

(c) School districts shall implement the statewide mathematics
and academic placement policy established by the Superintendent
pursuant to subdivision (a).

end delete begin insert

(4) Offers clear and immediate recourse for each pupil and his
or her parent or legal guardian who questions the pupil’s
placement.

end insert begin insert

(c) Each local educational agency shall ensure that its
mathematics placement policy is available to each pupil and his
or her parent or legal guardian and is posted prominently on its
Internet Web site.

end insert begin insert

(d) For purposes of this section, “local educational agency”
means county office of education, school district, state special
school, or direct-funded charter school as described in Section
47651.

end insert

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.