BILL NUMBER: SB 359	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

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.  Fair  
California  Mathematics  and Academic 
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  Fair   California
 Mathematics  and Academic  Placement Act of
2015.  The bill would express findings and declarations of
the Legislature relating to the importance of pupil achievement in
mathematics. The bill would require  the
Superintendent of Public Instruction   each local
educational agency, as defined, serving pupils in grade 8 or 9, or
both,  to develop and  establish  
implement  a fair, objective, and transparent statewide
mathematics  and academic  placement policy with
specified  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  
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
 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  STEM  fields of science, technology,
engineering, and  mathematics.   mathematics
(STEM). 
   (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 
barriers,   barriers  and results in pupils being
less competitive for college  admissions.  
admissions, including admissions at the California State University
and University of California. 
   (c) The most egregious examples of mathematics misplacement
 often  occur with successful pupils and,
disproportionately, with successful pupils of color.  Often,
these   These  successful pupils  of
underrepresented populations  are achieving  grades
  a grade  of "B" or better, or are testing at
proficient or even advanced proficiency  levels  on
state  assessments, but are nevertheless  
assessments. Nevertheless, they are  held back to repeat 8th
grade mathematics coursework rather than advancing to the next course
in the recommended mathematics course sequence. 
   (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.  
   (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.  
   (f) All pupils, regardless of race or ethnic background, deserve
an equal chance to advance in mathematics.  
   (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.  
   (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.  
   (i) California faces a looming shortage of college-educated
workers in an increasingly competitive global economy.  
   (j) A policy for correct mathematics placement must be addressed
in order to ensure a fair process and chance of success for all
pupils. 
  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
 Fair   California  Mathematics 
and Academic  Placement Act of 2015.
   (b)  The Superintendent   Each local
educational agency serving pupils in grade 8 or 9, or both, 
shall develop and  establish   implement  a
fair, objective, and transparent statewide mathematics  and
academic  placement policy that  shall include at
least all of the following elements:   does all of the
following: 
   (1) Systematically  take multiple objective measures
 takes current academic objective measures  into
consideration, such as  diagnostic placement tests, 
statewide assessments, pupil grades, and  pupil work.
  diagnostic placement tests. 
   (2)  Include   Includes  multiple
progress checkpoints  through   throughout 
the academic year to permit  the  reevaluation of
 individual  pupil  progress.  
progress, including at least one checkpoint within the first three
months of the academic year. 
   (3)  Require periodic   Requires 
examination of pupil placement  data  data, at
least annually,  to ensure that there is no disproportionate
impact in the course placement of pupils by race, ethnicity, or
socioeconomic background.  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.  
   (4) Be readily available to pupils and parents, and offer clear
recourse for pupils and parents who question placement decisions.
 
   (c) School districts shall implement the statewide mathematics and
academic placement policy established by the Superintendent pursuant
to subdivision (a).  
   (4) Offers clear and immediate recourse for each pupil and his or
her parent or legal guardian who questions the pupil's placement.
 
   (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.  
   (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. 
  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.