BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1145            
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          |Author:    |Hueso                                                |
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          |Version:   |April 5, 2016                               Hearing  |
          |           |Date:     April 13, 2016                             |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lynn Lorber                                          |
          |           |                                                     |
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          Subject:  Language arts:  reading:  diagnostic tools and plans


            SUMMARY
          
          This bill requires public schools with less than 50 percent of  
          4th grade students demonstrating proficiency on English language  
          arts standards to ensure that each student's reading proficiency  
          is measured throughout the school year using a formative reading  
          diagnostic tool.  

            BACKGROUND
          
          Existing law:

             1)   Establishes the State's assessment system as the  
               California Assessment of Student Performance and Progress  
               and includes, beginning with the 2013-14 school year, a  
               consortium summative assessment in English language arts  
               for grades 3-8 and 11 that measures content standards  
               adopted by the State Board of Education (SBE).  (Education  
               Code § 60640)

             2)   Requires, by November 1, 2014, the California Department  
               of Education (CDE) to identify and make available to school  
               districts information regarding existing assessments in  
               language arts and mathematics that are aligned to the  
               common core academic standards and appropriate for students  
               in grade 2 for diagnostic use by classroom teachers.   
               Existing law requires the CDE to ensure that the selected  







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               diagnostic assessments are valid for purposes of  
               identifying particular knowledge or skills a student has or  
               has not acquired in order to inform instruction and make  
               educational decisions.  (EC § 60644) 

             3)   Requires the governing board of each school district to  
               adopt a local control and accountability plan (LCAP) using  
               a template adopted by the SBE.  Existing law requires each  
               LCAP, to include, for the school district and each school  
               within the school district, both of the following:

                  a)        A description of the annual goals, for all  
                    students and each subgroup, to be achieved for each of  
                    the state priorities and for any additional local  
                    priorities identified by the governing board of the  
                    school district.

                  b)        A description of the specific actions the  
                    school district will take during each year to achieve  
                    the goals, including the enumeration of any specific  
                    actions necessary for that year to correct any  
                    deficiencies in regard to the state priorities.  (EC §  
                    52060)

            ANALYSIS
          
          This bill requires public schools with less than 50 percent of  
          4th grade students demonstrating proficiency on English language  
          arts standards to ensure that each student's reading proficiency  
          is measured throughout the school year using a formative reading  
          diagnostic tool.  Specifically, this bill:

             1)   Requires, beginning with the 2018-19 school year, public  
               schools that serve students in grades 1-4 with less than 50  
               percent of 4th grade students demonstrating proficiency on  
               English language arts standards to ensure that each  
               student's reading proficiency is measured throughout the  
               school year using at least one of the formative reading  
               diagnostic tools identified pursuant to #10 below.  

             2)   Provides that proficiency on English language arts  
               standards is to be based upon the statewide assessment  
               administered the previous school year.









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             3)   Provides that the purpose of the formative reading  
               diagnostic tools is to determine if a student has a  
               developmental reading level for that student's grade level.  
                

             4)   Requires a reading plan to be created for each student  
               in grades 1-3 who is not at the appropriate developmental  
               reading proficiency level for the student's grade, as  
               defined by the State Board of Education pursuant to #12  
               below.  

             5)   Requires a reading plan to include all of the following:

                  a)        The student's specific, diagnosed  
                    developmental reading level that needs to be addressed  
                    in order for the student to attain reading  
                    proficiency.  

                  b)        The goals and benchmarks for the student's  
                    growth in attaining reading proficiency by the end of  
                    grade 3.

                  c)        The type of additional instructional services  
                    and interventions the student will receive in reading  
                    as determined by the school.

                  d)        The strategies the student's parent is  
                    encouraged to use in assisting their child to achieve  
                    reading proficiency that are designed to supplement  
                    the additional instructional services and  
                    interventions to be provided.

                  e)        Any additional services that are deemed  
                    available and appropriate to accelerate the student's  
                    reading skill development.

             1)   Requires the plan to be created in collaboration with  
               the student's parent and teacher if possible, and as soon  
               as possible after the student's developmental reading level  
               is identified.  

             2)   Requires a reading plan to be reviewed at least annually  
               by the school and updated or revised as appropriate to  
               facilitate the student's progress in demonstrating reading  








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               proficiency.  

             3)   Requires a reading plan to be implemented until the  
               student demonstrates reading proficiency.  

             4)   Requires the parent to be provided with a copy of the  
               reading plan with the following information:

                  a)        The state's goal is for all children in  
                    California to graduate from high school having  
                    attained skill levels that adequately prepare them for  
                    postsecondary studies or for the workforce, and  
                    research demonstrates that achieving reading  
                    competency by grade 3 is a critical milestone in  
                    achieving this goal.

                  b)        If a student enters grade 4 without achieving  
                    reading competency, he or she is significantly more  
                    likely to fall behind in all subject areas beginning  
                    in grade 4 and continuing in later grades.  If a  
                    student's reading skill deficiencies are not  
                    remediated, it is likely the student will not have the  
                    skills necessary to complete the coursework required  
                    to graduate from high school.

                  c)        The parent plays a central role in supporting  
                    the student's efforts to achieve reading competency  
                    and is strongly encouraged to work with his or her  
                    child's teacher in implementing the reading plan, and  
                    the reading plan will include strategies the parent is  
                    encouraged to use at home to support the student's  
                    reading success in order to supplement the  
                    intervention instruction the student receives in  
                    school.

             1)   Requires the State Board of Education (SBE), by December  
               31, 2017, to identify a list of formative reading  
               diagnostic tools that can be used to assess the  
               developmental levels of reading proficiency of students in  
               grades 1-3, in their ability to read proficiently by the  
               end of grade 3.

             2)   Requires the SBE to post, by December 31, 2017, a list  
               of these diagnostic tools on the California Department of  








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               Education's website.

             3)   Requires the SBE, to define, for a student to have an  
               appropriate "developmental reading level" in grades 1-3,  
               such that the student is not on track to reading  
               proficiency by the end of grade 3, as determined by the  
               formative reading diagnostic tools.  

             4)   States legislative intent to increase the Local Control  
               Funding Formula base rate of funding for K-3 for the  
               purposes of this bill.  

             5)   States legislative intent, that schools serving students  
               in grades 1-3 work with parents and teachers to provide  
               instructional programming, intervention 
               instruction, and support necessary to ensure that students  
               can demonstrate reading proficiency by the completion of  
               grade 3.

             6)   States legislative findings and declaration relative to  
               the importance of reading proficiently by the end of grade  
               3.

          STAFF COMMENTS
          
          1)   Rationale for the bill.  According to the author, "A  
               student's performance in the 4th grade is a critical  
               benchmark that provides valuable insights into the ability  
               of that child to go on to be successful academically and  
               find gainful employment in the workplace.  According to the  
               California Department of Education (CDE),      60 percent  
               of all California 4th graders do not meet the standards for  
               reading as set by the Smarter Balanced test.  Things get  
               worse for low-income and minority students.  69 percent of  
               all low-income 4th graders are not at grade level for  
               reading, with 68 percent of all Hispanic 4th graders not  
               meeting standards and 72 percent of all African American  
               4th graders.  These deficiencies compound over time,  
               leading to a reading gap in students that can create  
               lifelong barriers to success.  A child who is not reading  
               at grade level by the 4th grade is four times less likely  
               to graduate on time, and is more likely to face  
               incarceration later in life, more prone to poverty in  
               adulthood, and more likely to have a teenage pregnancy.   








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               The struggling reader in the 3rd grade of today is the  
               struggling adult of tomorrow"

          2)   Increases testing in the era of reduced testing.  The  
               Legislature passed sweeping reforms to the State's  
               assessment system in 2013, which eliminated several  
               assessments and eliminated the requirement that state  
               assessments be administered to students in grade 2.  The  
               Legislature also imposed a requirement that the CDE  
               identify and make available to school districts,  
               information regarding existing assessments in language arts  
               and mathematics that are aligned to the common core  
               academic standards and appropriate for students in grade 2  
               for diagnostic use by classroom teachers.  The CDE was  
               required to ensure that the selected diagnostic assessments  
               are valid for purposes of identifying particular knowledge  
               or skills a student has or has not acquired in order to  
               inform instruction and make educational decisions.   
               Information regarding existing grade 2 diagnostic  
               assessments in English language arts can be found here:   
                http://www.cde.ca.gov/ta/tg/ai/gd2elatbl1.asp  

               The Legislature recently acted to reduce the number of  
               required assessments, and diagnostic assessments are  
               currently available for schools to identify particular  
               knowledge or skills a student has or has not acquired in  
               order to inform instruction and make educational decisions.  
                Should the Legislature reverse its stance by increasing  
               required assessments?

          3)   Does not consider English language acquisition.  This bill  
               makes no provision for the consideration of a student's  
               level of language acquisition.  It is very likely that many  
               students who have not met English language arts standards  
               are English learners, which is different than being a  
               native English speaker who is struggling to read.  Should  
               reading diagnostics be administered to, and reading 
               plans be developed for, students who are learning English?   
               Could the reading plans be in conflict with instruction and  
               services provided to English learners?

          4)   Diagnostic tools currently available.  The State's  
               assessment system includes Smarter Balanced summative  
               assessments (required for grades 3-8 and 11), interim  








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               assessments that are designed to inform and promote  
               teaching and learning, and a digital library consisting of  
               tools and practices designed to help teachers utilize  
               formative assessment processes for improved teaching and  
               learning.  The California Department of Education has  
               identified information regarding existing assessments in  
               language arts and mathematics that are aligned to the  
               common core academic standards and appropriate for students  
               in grade 2 for diagnostic use by classroom teachers.  

          This bill requires the State Board of Education (SBE) to  
               identify a list of formative reading diagnostic tools that  
               can be used to assess the developmental levels of reading  
               proficiency of students in grades 1-3.  Are the existing  
               diagnostic assessments, interim assessments, digital  
               library and formative assessment tools insufficient?  Is it  
               necessary to require the identification of additional  
               diagnostic tools?

          5)   How many schools would be affected?  This bill requires  
               public schools with less than 50 percent of 4th grade  
               students demonstrating proficiency on English language arts  
               standards to ensure that each student's reading proficiency  
               is measured throughout the school year using a formative  
               reading diagnostic tool.  According to results of the 2015  
               Smarter Balanced English language arts assessment, 4,058  
               out of 6,035, or 67.2 percent, of schools would be affected  
               by this bill.  Is it reasonable to impose new assessment  
               and intervention requirements based upon results of an  
               assessment that has been administered in California only  
               since 2014?
          
          6)   Developmental reading level.  This bill requires the SBE to  
               define what it means for a student to have an appropriate  
               "developmental reading level" in grades 1-3, such that the  
               student is not on track to reading proficiency by the end  
               of grade 3, as determined by the formative reading  
               diagnostic tools.  The SBE has established cut-scores or  
               performance levels for certain state-required assessments;  
               the Smarter Balanced Assessment Consortium established the  
               performance standards for the Smarter Balanced assessments  
               in English language arts and mathematics.  While there may  
               be a single expectation of performance, this bill requires  
               the SBE to establish performance levels for each identified  








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               formative reading diagnostic tool.  Is this a reasonable  
               expectation?  Would SBE establish developmental reading  
               levels via regulation, or by vote of the SBE?
          
          7)   Reading plans.  This bill requires a reading plan to be  
               created for a student in grades 1-3 who is not at the  
               appropriate developmental reading level for that student's  
               grade level, as determined by the SBE.  This bill requires  
               a reading plan to include, among other things, the type of  
               additional instructional services and interventions the  
               student will receive in reading as determined by the  
               school.  

               This provision appears to require the development of an  
               individualized education program (IEP)-like document that  
               describes instruction and services that must be provided by  
               the local educational agency.

               This bill requires the reading plan to be created in  
               collaboration with the student's parent and teacher, if  
               possible.  It is unclear exactly who is to develop the  
               reading plans, and why the parent and teacher are to be  
               involved only if possible.  

               This bill requires a student's reading plan to be  
               implemented until the student demonstrates reading  
               proficiency.  Is "reading proficiency" to be demonstrated  
               via the state assessment in English language arts (the  
               Smarter Balanced assessment), which is administered on an  
               annual basis?

               This bill makes no consideration for students who may have  
               an IEP in place.  Is there a potential for a reading plan  
               to conflict with the specifications of a student's IEP?  
               
          8)   Local control and accountability plans.  Existing law  
               requires the governing board of each school district to  
               adopt a local control and accountability plan (LCAP), and  
               include in that plan a description of the annual goals, for  
               all students and each subgroup, to be achieved for each of  
               the state priorities, and a description of the specific  
               actions the school district will take during each year to  
               achieve the goals, including the enumeration of any  
               specific actions necessary for that year to correct any  








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               deficiencies in regard to the state priorities.

          The State does not require specific assessments be administered  
               to students in grades 1-2; however, there is an expectation  
               that local educational agencies (LEAs) are measuring and  
               evaluating student performance.

          The State Board of Education is required to adopt the evaluation  
               rubrics by October 1, 2016.  It is anticipated that the  
               evaluation rubrics will allow LEAs to display performance  
               data at the school level and by subgroup.  This should make  
               it easier for LEAs to identify deficiencies in meeting  
               their goals as well as more transparent for parents.

          It is unclear what is deficient in the existing requirements  
               regarding LCAPs.  Should additional mandates be imposed  
               before the final stages of the LCAP process has been  
               developed, let alone implemented?
          
          9)   Recommendations for a comprehensive assessment system.  The  
               Superintendent of Public Instruction (SPI) recently  
               released recommendations that could address the problem  
               this bill attempts to solve.  Specifically, the SPI  
               recommends that the California Department of Education vet  
               state-supported resources and tools that support  
               implementation of a comprehensive assessment system and  
               provide those resources for local use.  The SPI further  
               recommended that the State provide regional assessment  
               support to LEAs on the implementation of the comprehensive  
               assessment tools and resources.  These recommendations  
               provide additional supports and tools to LEAs but stops  
               short of requiring LEAs to utilize those supports and  
               tools.

          10)  Other issues of concern.  This bill requires diagnostic  
               assessments to be administered in schools with less than 50  
               percent of 4th grade students demonstrating proficiency on  
               English language arts standards.  Performance on the  
               English language arts Smarter Balanced assessment can be  
               disaggregated by domains, such as reading.  Should  
               additional reading diagnostics be required based on  
               performance on all domains within English language arts?

          This bill imposes requirements based upon the results of  








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               assessments administered in grade 4, which results are  
               known toward the end of grade 4.  Is it appropriate to  
               require the administration of diagnostic assessments to  
               students in grades 1-3 based on the performance of students  
               in grade 4?  Is it reasonable to assume that students in  
               grades 1-3 are at risk based on the performance of students  
               in grade 4?

          This bill requires schools to measure the reading proficiency of  
               each student in grades 1-3 throughout the school year to  
               determine if a student has an appropriate developmental  
               reading level for that student's grade level.  This appears  
               to require the measurement of all students' reading  
               proficiency, throughout the school year, regardless of the  
               student's performance on the State assessment or on an  
               initial diagnostic assessment.  Should the reading  
               proficiency be repeatedly measured for students who have  
               already reached higher performance levels in reading?

          This bill uses the term "proficiency," which is no longer used  
               in relation to performance on the state assessment in  
               English language arts (the Smarter Balanced assessment).   
               The State now uses performance levels (Level 1 means the  
               standard was not met; Level 2 means the standard was nearly  
               met; Level 3 means the standard was met; Level 4 means the  
               standard was exceeded).

               This bill applies to all public schools with less than 50  
               percent of 4th grade students demonstrating proficiency on  
               English language arts standards.  It appears, therefore,  
               that a school may be relieved of the requirements imposed  
               by this bill only once more than 50 percent of the school's  
                students achieve Level 3 or Level 4 on the Smarter Balanced  
               assessment in English language arts. 

               This bill does not require the identified reading  
               diagnostic tools to be aligned with the State Board of  
               Education-adopted common core academic standards.

               This bill requires the State Board of Education to identify  
               a list of formative reading diagnostic tools.  It would be  
               more appropriate for the California Department of Education  
               to identify a list of formative reading diagnostic tools,  
               as it has already identified existing assessments in  








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               language arts and mathematics that are aligned to the  
               common core academic standards and appropriate for students  
               in grade 2 for diagnostic use by classroom teachers.  

          11)  Suggested alternative approach.  This bill attempts to  
               address a worthy issue; there is no question that reading  
               is a critical skill.  However, this bill takes an approach  
               that is contrary to several efforts the State has recently  
               undertaken and projects that are still under development.   
               As an alternative to the provisions 

          currently in this bill, staff recommends amendments to instead  
               create a grant program to provide funding to local  
               educational agencies to:

               a)        Provide professional development on the existing  
                    diagnostic, formative and interim assessment tools  
                    that are available from the State, and how to evaluate  
                    the data from assessment results, adjust instruction,  
                    and create system of continuous improvement.

               b)        Administer and score the existing diagnostic,  
                    formative and interim assessment tools that are  
                    available from the State, evaluate the data, adjust  
                    instruction and create a system of continuous  
                    improvement.  
               
          12)  Fiscal impact.  This bill creates unfunded mandates,  
               thereby imposing unknown but likely significant costs.   
               Further, this bill states legislative intent to increase  
               the Local Control Funding Formula (LCFF) base rate of  
               funding for K-3 for the purposes of this bill.  

            SUPPORT
          
          Center for Latino Education and Innovation
          Reality Changers
          San Ysidro Women's Club
          StudentsFirst

            OPPOSITION
           
           None received.









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