BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1145 (Hueso) - Language arts: reading: diagnostic tools and plans ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 5, 2016 |Policy Vote: ED. 5 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill 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. This bill also requires a reading plan, as specified, to be created for a student in grades 1-3 who is not at the appropriate developmental reading level for his or her grade. Fiscal Impact: Mandate costs: Unknown costs, but the requirement to measure SB 1145 (Hueso) Page 1 of ? certain students' reading proficiency; to create, update, and implement a reading plan for specified students; and to furnish the plan to their parents could drive reimbursable state mandate costs in the hundreds of millions. See staff comments. (Proposition 98) Administrative costs: Potential costs in the high hundreds of thousands. The California Department of Education (CDE) cites the need for additional staff related to developing a Request for Information to gather information about currently available diagnostic tests and formative tools with estimated costs of $293,000 initially and a like amount if the list is to be updated in the future. Additional costs to implement a special study in which educators would review and evaluate diagnostic assessment and tools submitted would drive costs of $686,000, according to the CDE. (General Fund) 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 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 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 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, a description of goals to be achieved for students in each of the state priorities and a description of the actions the school district will take to SB 1145 (Hueso) Page 2 of ? achieve those goals. (EC § 52060) The Budget Act of 2013 established a new formula which currently allocates 90 percent of K-12 education funding to local educational agencies. The Local Control Funding Formula (LCFF) consolidated most of the state's numerous separate funding streams for prescribed purposes and removed most of the former funding restrictions. The LCFF instead allocates funding according to base rates tied to four grade spans and additional funding based on the number and concentration of English learners, low income students, and foster youth. Proposed Law: This bill requires, by the 2018-19 school year, a public school that enrolls students in grades 1-4, in which less than 50 percent of 4th grade students demonstrate proficiency on English language arts standards on the statewide assessment administered in the prior year, must ensure that each student's reading proficiency is measured throughout the school year using at least one of the formative reading diagnostic tools identified by the State Board of Education (Board) to determine if a student has an appropriate developmental reading level for the student's grade level. This bill requires the Board to identify a list, and post it on the CDE's website, of formative reading diagnostic tools that can be used by the schools, as referenced above, to assess a student's developmental level of reading proficiency in grades 1-3 and define what it means for a student to have an appropriate "developmental reading level," such that the student is on track to reading proficiency by the end of grade 3, as determined by the formative reading diagnostic tools. This bill also requires a reading plan to be created for a student in grades 1-3 who is not at the appropriate developmental reading level for the student's grade level as defined by the Board. The plan must include specified components, among which are the goals and benchmarks for the student's growth in attaining reading proficiency by the end of 3rd grade and the type of additional instructional services and interventions the student will receive in reading. The plan must be provided to the student's parent along with certain specific statements pertaining to the importance of reading competency among children, the risks to students not achieving SB 1145 (Hueso) Page 3 of ? reading competency by 4th grade, and the role of the parent with regard to the child achieving reading competency as well as implementing a child's reading plan. Staff Comments: This bill creates several state-level mandates for schools. A school district could submit a test claim to the Commission on State Mandates for the requirements included in this bill to obtain a decision on whether these costs are required to be reimbursed by the state. The activities included in this bill are likely to be determined a reimbursable state mandate even if schools are already implementing the requirements of this bill. Those schools that may be doing similar work would have to make refinements in their programs to come into full compliance with this bill if it were to be enacted, and those costs, as well as ongoing costs would be reimbursable. First, it requires certain schools to ensure that each student's reading proficiency is measured using at least one of the formative reading diagnostic tools identified by the Board to determine if the student is at an appropriate reading level. The schools that are subject to this requirement are those that enroll students in grades 1 through 4, at which less than 50 percent of 4th grade students demonstrate proficiency on English language arts standards on the statewide assessment. Though the state does not use "proficiency" to indicate performance on statewide assessments, this term could be interpreted to mean a student meeting or exceeding the content standard. 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 requirement. Assuming a like percentage of students in grades 1 through 3 whose reading proficiency would have to be measured, this could affect about 954,000 students, regardless of their reading capabilities. This bill also requires that each student's reading proficiency is measured throughout the school year. Assuming affected schools purchase a diagnostic assessment tool for 67.2 percent of teachers in grades 1 through 3 (about 61,000) and administer it twice per year for one hour, statewide costs could be in the low tens of millions. Actual costs would be dependent upon the cost of the diagnostic assessment tool used by the school, the time it takes to administer the assessments, and the time it SB 1145 (Hueso) Page 4 of ? takes and frequency in which the assessments are administered. Second, this bill requires a reading plan to be created for a student in grades 1 through 3 who is not at the appropriate developmental reading level, as defined by the Board. Assuming the definition of this term yields a similar percentage of students in grade 3 that did not meet the standard on the 2015 Smarter Balanced English language arts assessment (41 percent), 582,000 students would be required to have a reading plan. A school could claim costs related to staff time to develop the plan, update the plan as necessary, review the plan at least annually by the school, and implement the "additional instructional services and interventions the student will receive in reading." Statewide costs for these activities could be in the mid hundreds of millions. The author's office indicates that the intent for the plan requirement is to only apply to students not at the appropriate reading level for the subset of schools described above. In this case, statewide costs for these activities would be in the low hundreds of millions, affecting about 130,000 students. Actual costs would depend on a number of factors, including the definition developed by the Board, the time spent on developing and implementing each plan, and the types of services provided to each student. For example, requiring a parent to read at home with their child would not be a reimbursable cost to the school district but if the plan required additional tutoring time by a teacher or other school employee, this cost could be reimbursable. This estimate assumes services of two hours per month per student with a reading specialist. The bill requires a student's reading plan to continue to be implemented until the student demonstrates reading proficiency, so these costs would be ongoing assuming the services required did not change. The final mandated activity is related to the requirement that parents are to be provided a copy of their child's reading plan along with specified statements. This activity could also be reimbursable and could drive statewide costs in the tens of thousands. SB 1145 (Hueso) Page 5 of ? Finally, this bill provides legislative intent to increase the LCFF base rate for students in kindergarten and grades 1 through 3 only at those schools in which 50 percent or more of students in grade 4 score below reading proficiency on a statewide assessment. A separate provision provides legislative intent to increase the LCFF base rate for grades 1 through 3 to fund the requirements of this bill. To the extent the state provides funding for these activities, this will likely offset some or all of the mandated activity costs, as determined by the Commission on State Mandates. It is likely that if funding is provided through LCFF base rates, this will create an administrative burden to adjust the rates to certain school districts to reflect student reading proficiency. Recommended Amendments: Clarify that of the students measured for reading proficiency in certain schools (those with less than 50 percent of 4th grade students demonstrating proficiency on the English language arts standards statewide assessment), only those who are not at the appropriate reading level would be required to have a plan created. This would reflect the intent of bill according to the author's office. -- END --