BILL NUMBER: AB 265 CHAPTERED
BILL TEXT
CHAPTER 975
FILED WITH SECRETARY OF STATE OCTOBER 16, 1995
APPROVED BY GOVERNOR OCTOBER 16, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
PASSED THE SENATE SEPTEMBER 14, 1995
AMENDED IN SENATE SEPTEMBER 11, 1995
AMENDED IN SENATE SEPTEMBER 7, 1995
AMENDED IN SENATE AUGUST 21, 1995
AMENDED IN SENATE JUNE 21, 1995
AMENDED IN ASSEMBLY MAY 26, 1995
AMENDED IN ASSEMBLY APRIL 26, 1995
AMENDED IN ASSEMBLY MARCH 23, 1995
INTRODUCED BY Assembly Member Alpert
(Coauthors: Assembly Members Caldera, Davis, Kuehl, Lee, and
Mazzoni)
(Coauthor: Senator Watson)
FEBRUARY 6, 1995
An act to add Chapter 6 (commencing with Section 60800) to, and to
add and repeal Chapter 5 (commencing with Section 60600) of, Part 33
of the Education Code, and to amend Section 11126 of the Government
Code, relating to pupil testing, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 265, Alpert. California Assessment Academic Achievement Act.
(1) Under existing law, there is no statewide pupil assessment
program for public schools.
This bill would enact the California Assessment of Academic
Achievement Act, which would be repealed on January 1, 2000. The
bill would make a statement of legislative intent and of legislative
findings and declarations regarding that assessment act.
This bill would require the Superintendent of Public Instruction
to design and implement a statewide pupil assessment program, defined
as the systematic achievement testing of pupils in kindergarten and
grades 1 to 12, inclusive, pursuant to a pupil testing incentive
program established pursuant to the act, and a system of assessments
of applied academic skills administered to pupils in grades 4, 5, 8,
and 10. The program would be required, beginning in the 1995-96
school year, to contain certain elements, including the review and
approval of achievement tests for use as part of the program and the
contracting with a publisher for the development of assessments of
applied academic skills. The program would be required to include
the involvement of parents, classroom teachers, other educators, and
the public in all phases of the design and implementation, including
the development of assessment instruments.
This bill would require the Superintendent of Public Instruction
to immediately begin reviewing achievement tests for school district
use to determine their acceptability for use in the pupil testing
incentive program and, based upon that review, to recommend that the
State Board of Education approve any test for use by school districts
that meets specified criteria.
This bill would require the State Board of Education to do, among
other things, all of the following: (1) not later than January 1,
1998, adopt statewide academically rigorous content standards and
performance standards pursuant to specified recommendations in core
curriculum areas; (2) require the State Department of Education to
submit and recommend to the State Board of Education for approval
available tests of achievement that include identified basic academic
skills in kindergarten and grades 1 to 12, inclusive; (3) award
contracts to develop instruments, and adopt tests, that yield valid,
reliable estimates of school performance, school district
performance, and statewide pupil performance that assess basic
academic skills, and incorporate direct writing assessment and other
assessments of applied academic skills; and (4) require that each
district administer a statewide test to all pupils in grades 4, 5, 8,
and 10.
This bill would establish the Statewide Pupil Assessment Panel,
consisting of 6 members to be appointed as specified, to review tests
or assessments for a specified purpose and to report its findings
and recommendations to the State Board of Education within a specific
timeframe.
This bill would authorize pupils or their parents or guardians to
request and receive individual pupil assessment results from the
assessments of applied academic skills, as specified. It would also
require districtwide and school-level results of performance-based
assessments to be reported to the governing board of the district at
least once a year.
Under the provisions of the bill pertaining to the pupil testing
incentive program, commencing with the 1995-96 fiscal year, school
districts that certify to the Superintendent of Public Instruction
that they will administer achievement tests to all of their pupils in
grades 2 to 10, inclusive, or in as many of those grades served by
the school districts, would be apportioned a specified amount per
pupil tested in grades 2 to 10, inclusive. In addition, in order to
receive this amount per pupil, the school districts would be required
to certify that they will comply with specified conditions.
The bill would require school officials to grant a parent's or
guardian's written request that the parent's or guardian's child be
excused from any assessment administered pursuant to this act.
This bill would require each school district maintaining any of
grades 5, 7, and 9 to administer a physical performance test, as
specified.
(2) Under existing law, there does not exist a panel or commission
to set statewide academic performance standards.
This bill would establish the Commission for the Establishment of
Academic Content and Performance Standards, which would consist of 21
members, as specified. The commission would be required to develop
academically rigorous content standards and performance standards,
after public hearings, to be used in public schools maintaining
kindergarten and grades 1 to 12, inclusive. On or before July 1,
1997, the commission would be required to have developed and
submitted the academically rigorous content standards and performance
standards for all core curriculum areas and for all grade levels to
the State Board of Education for approval by the board. The
provisions relating to the commission would be repealed on January 1,
1998.
(3) Existing law requires that all meetings of a state body to be
open and public, except as specified.
This bill would specify that existing law does not prevent the
State Board of Education or any committee advising the State Board of
Education from holding closed sessions when it reviews and discusses
the actual test content of assessment instruments. The bill would
also authorize the governing board of a school district to meet in
closed session to review the actual contents of any approved or
adopted assessment, as specified, and would authorize any Member of
the Legislature and any member of the governing board of a school
district to review any assessment approved or adopted by the State
Board of Education, as specified.
(4) The bill would require the State Board of Education to hold a
regional public hearing throughout the state for the purpose of
determining the degree of rigorous, academic focus within each
curriculum area.
(5) This bill would appropriate $11,000,000 from the General Fund
to the Superintendent of Public Instruction for the 1995-96 fiscal
year for allocation as follows: (a) $4,500,000 to school districts
for purposes of the pupil testing incentive program established by
this act and (b) $6,500,000 to local education agencies for the
purposes of implementing the statewide pupil assessment system
established by this act, as specified.
This bill would provide that any funds appropriated by this
provision, but not expended during the 1995-96 fiscal year, be
available for expenditure in the 1996-97 fiscal year and would state
the intent of the Legislature that the Budget Act of 1996 be adjusted
to reflect the existence of carry-over funds.
(6) The bill would state that the Legislature finds and declares
that $15,000,000 appropriated by Section 53 of Chapter 308 of the
Statutes of 1995 shall also be available for the purpose of funding
the incentive program established by this act for the 1995-96 fiscal
year pursuant to the provisions of that section.
(7) Because this bill would impose new duties on school districts,
it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory statewide costs exceed $1,000,000.
This bill would provide that no reimbursement shall be made from
the State Mandates Claims Fund for costs mandated by the state
pursuant to this act, but would recognize that local agencies and
school districts may pursue any available remedies to seek
reimbursement for these costs.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section 60600) is added to
Part 33 of the Education Code, to read:
CHAPTER 5. CALIFORNIA ASSESSMENT OF ACADEMIC ACHIEVEMENT
Article 1. General Provisions
60600. This chapter shall be known and may be cited as the Leroy
Greene California Assessment of Academic Achievement Act.
60601. This chapter shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2000, deletes or extends
that date.
60602. (a) It is the intent of the Legislature in enacting this
chapter to provide a system of individual assessment of pupils that
has, as its primary purpose, assisting pupils, their parents, and
teachers to identify individual academic strengths and weaknesses, in
order to improve teaching and learning. It is further the intent of
the Legislature in enacting this chapter to determine the
effectiveness of school districts and schools, as measured by the
extent to which pupils demonstrate knowledge of the fundamental
academic skills, as well as the ability to apply those skills. In
order to accomplish these goals, the Legislature finds and declares
that California should adopt a coordinated and consolidated testing
program to do all of the following:
(1) First and foremost, provide information on the academic status
and progress of individual pupils to those pupils, their parents,
and their teachers. This information should be designed to assist in
the improvement of teaching and learning in California public
classrooms. The Legislature recognizes that, in addition to
statewide assessments that will occur as specified in this chapter,
school districts will conduct additional ongoing pupil assessment and
provide information regarding pupil performance based on those
assessments on a regular basis to parents or guardians and schools.
(2) Develop and adopt a set of statewide academically rigorous
content standards and performance standards in all major subject
areas to serve as the basis for assessing the academic achievement of
individual pupils, as well as for schools, school districts, and for
the California education system as a whole. The performance
standards shall be designed to lead to specific grade level
benchmarks of academic achievement for each subject area tested
within each grade level and shall be based on the knowledge and
skills that pupils will need in order to succeed in the
information-based, global economy of the 21st century.
(3) Ensure that all assessment procedures, items, instruments, and
scoring systems are independently reviewed to ensure that they meet
high standards of statistical reliability and validity and that they
do not use procedures, items, instruments, or scoring practices that
are racially, culturally, or gender biased.
(4) Provide information to pupils, parents or guardians, teachers,
schools, and school districts on a timely basis so that the
information can be used to further the development of the pupil and
to improve the educational program.
(5) Develop assessments that are comparable to the National
Assessment of Educational Progress and other national and
international assessment efforts, so that California's local and
state test results are reported in a manner that corresponds to the
national test results. Test results should be reported in terms
describing a pupil's academic performance in relation to the
statewide academically rigorous content and performance standards
adopted by the State Board of Education and in terms of employment
skills possessed by the pupil, in addition to being reported as
numerical or percentile scores.
(6) Assess pupils for a broad range of academic skills and
knowledge including both basic academic skills and the ability of
pupils to apply those skills.
(7) Include an appropriate balance of types of assessment
instruments, including, but not limited to, multiple choice
questions, short answer questions, and assessments of applied
academic skills.
(8) Minimize the amount of instructional time devoted to
assessments administered pursuant to this chapter.
(b) It is the intent of the Legislature, pursuant to this article,
to begin a planning and implementation process to enable the
Superintendent of Public Instruction to accomplish the goals set
forth in this section as soon as feasible.
(c) It is further the intent of the Legislature that parents,
classroom teachers, other educators, governing board members of
school districts, and the public be involved, in an active and
ongoing basis, in the design and implementation of the statewide
pupil assessment program and the development of assessment
instruments.
60603. As used in this chapter:
(a) "Achievement test" means any standardized test that measures
the level of performance that a pupil has achieved in the core
curriculum areas.
(b) "Assessment of applied academic skills" means a form of
assessment that requires pupils to demonstrate their knowledge of,
and ability to apply, academic knowledge and skills in order to solve
problems and communicate. It may include, but is not limited to,
writing an essay response to a question, conducting an experiment, or
constructing a diagram or model. An assessment of applied academic
skills may not include assessments of personal behavioral standards
or skills, including, but not limited to, honesty, sociability,
ethics, or self esteem.
(c) "Basic academic skills" means those skills in subject areas,
including, but not limited to, reading, spelling, written expression,
and mathematics that provide the necessary foundation for mastery of
more complex intellectual abilities, including the synthesis and
application of knowledge.
(d) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach and all pupils expected to learn in each of the
core curriculum areas, at each grade level tested.
(e) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
(f) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
(g) "End of course exam" means a comprehensive and challenging
assessment of pupil achievement in a particular subject area or
discipline such as the Golden State Exams.
(h) "Performance standards" are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established. Performance
standards gauge the degree to which a student has met the content
standards and the degree to which a school or school district has met
the content standards.
(i) "Publisher" means a commercial publisher or any other public
or private entity, other than the State Department of Education,
which is able to provide tests or test items that meet the
requirements of this chapter.
(j) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in kindergarten and grades 1 to 12,
inclusive, pursuant to the pupil testing incentive program under
Article 4 and the system of assessments of basic academic skills and
applied academic skills, administered to pupils in grade levels
specified in subdivision (c) of Section 60605, required by this
chapter in all schools within each school district by means of tests
designated by the State Board of Education.
Article 2. Program Provisions
60604. (a) The Superintendent of Public Instruction shall design
and implement, consistent with the timetable and plan required
pursuant to subdivision (b), a statewide pupil assessment program to
implement the testing requirements of this article in accordance with
the objectives set forth in Section 60602. That program shall
include all of the following:
(1) A method of producing valid, reliable, and comparable
individual pupil scores in kindergarten and grades 1 to 12,
inclusive, based on district-selected achievement tests that assess a
broad range of basic academic skills pursuant to the pupil testing
incentive program established by Article 4.
(2) A method of ensuring valid, reliable, and comparable
school-level and district-level scores in kindergarten and grades 1
to 12, inclusive, that is based on achievement tests approved
pursuant to subdivision (b) of Section 60605 and that, in the grade
levels and subject areas specified in subdivision (c) of Section
60605, ensures valid, reliable and comparable school-level and
district-level scores in the assessments administered pursuant to
subdivision (c) of Section 60605.
(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and skills that pupils will need
in order to succeed in the information-based, global economy of the
21st century. These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self esteem.
(4) A statewide system that provides the results of both local and
state testing in a manner that reflects the degree to which pupils
are achieving the statewide academically rigorous content and
performance standards adopted by the State Board of Education.
(5) The alignment of assessment with the knowledge and skills
called for under the curriculum frameworks and with the statewide
academically rigorous content and performance standards adopted by
the State Board of Education.
(6) The active, ongoing involvement of parents, classroom
teachers, other educators, governing board members of school
districts, and the public in all phases of the design and
implementation of the statewide pupil assessment program and the
development of assessment instruments.
(b) The superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan, and
timetable for implementing the program described in subdivision (a).
(c) The elements to be included in the program described in
subdivision (a) shall include, beginning in the 1995-96 school year,
all of the following:
(1) The review and approval of achievement tests for use as part
of the statewide pupil assessment program.
(2) The development of a methodology for reporting scores on
approved tests according to a single, common scale that reflects
statewide academically rigorous content and performance standards.
(3) Contracting with a publisher or publishers, for the
development of assessments of applied academic skills designed to
test pupils' knowledge of academic skills and abilities to apply that
knowledge and those skills in order to solve problems and
communicate, limited to the grade levels and subject areas specified
in subdivision (c) of Section 60605.
(d) The Superintendent of Public Instruction shall immediately
begin reviewing achievement tests for school district use, in order
to determine their acceptability for use as part of the pupil testing
incentive program established by Article 4. Based upon this review,
the superintendent shall recommend that the State Board of Education
approve for use by school districts as part of the statewide pupil
assessment program any test that meets all of the following criteria:
(1) Is capable of producing valid, reliable individual pupil
scores.
(2) Uses a reporting scale that permits measurement of changes in
individual academic achievement from year to year and that allows
comparison with other schools and school districts, including those
that use other achievement tests approved by the State Board of
Education. To the extent feasible, and to the extent it does not
diminish the ability to make comparisons between California schools
and school districts, the Superintendent of Public Instruction and
the State Board of Education shall also consider the degree to which
the reporting scale allows comparisons with other states and
comparisons with national norms established within a reasonable
period of time.
(3) Is aligned with the academically rigorous content and
performance standards adopted by the State Board of Education.
Until the State Board of Education adopts academically rigorous
content and performance standards, the Superintendent of Public
Instruction shall recommend that the board conditionally approve for
use as part of the statewide pupil assessment program any available
achievement test that meets criteria (1) and (2) and is reasonably
aligned with the state curriculum frameworks.
Nothing in this subdivision shall be construed as preventing the
approval of any achievement test that contains assessments of applied
academic skills, but that otherwise meets the criteria specified
above.
(e) The Superintendent of Public Instruction shall provide each
school district with guidelines for professional development that is
designed to assist classroom teachers to use the results of the
assessments administered pursuant to this chapter to modify
instruction for the purpose of improving pupil learning. These
guidelines shall be developed in consultation with classroom
teachers.
(f) Development and implementation of a system for providing
valid, reliable, and comparable individual pupil results in grades 2
to 10, inclusive, pursuant to the incentive program established in
Article 4 (commencing with Section 60640) shall begin during the
1995-96 fiscal year.
(g) The Superintendent of Public Instruction shall make available
prototype and sample versions of the statewide pupil assessment tests
to each school district and to the public prior to administration of
the tests. The superintendent and the State Board of Education
shall consider comments and recommendations from school districts and
the public in the development, adoption, and approval of subsequent
assessment instruments.
(h) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) shall be returned to the
school district in the same academic year in which the assessments
were administered.
60605. (a) No later than January 1, 1998, the State Board of
Education shall adopt statewide academically rigorous content and
performance standards, pursuant to the recommendations of the
Commission for the Establishment of Academic Content and Performance
Standards, in all core curriculum areas to serve as the basis for
assessing the academic achievement of individual pupils and of
schools, school districts, and the California education system. The
board may modify any proposed content standards or performance
standards prior to adoption and may adopt content and performance
standards in individual core curriculum areas as those standards are
submitted to the board by the commission. The performance standards
shall be established against specific grade level benchmarks of
academic achievement for each subject area tested and shall be based
on the knowledge and skills that pupils will need in order to succeed
in the information-based, global economy of the 21st century. These
skills shall not include personal behavioral standards or skills,
including, but not limited to, honesty, sociability, ethics, or self
esteem. The standards adopted pursuant to this section shall be for
the purpose of guiding state decisions regarding the development,
adoption, and approval of assessment instruments pursuant to this
chapter and shall not be construed to mandate any actions or
activities by school districts. Prior to the adoption of academic
content and performance standards, the board shall hold regional
hearings for the purpose of giving parents and other members of the
public the opportunity to comment on the proposed standards.
(b) The State Board of Education shall require the State
Department of Education to submit and recommend to the State Board of
Education for approval available tests of achievement that include
all of the basic academic skills idenfified in subdivision (c) of
Section 60603 in kindergarten and grades 1 to 12, inclusive.
(c) (1) The State Board of Education shall adopt tests that meet
the objectives of Section 60602 and that yield valid, reliable
estimates of school performance, school district performance, and
statewide performance of pupils that, in grades 4, 5, 8, and 10,
assess basic academic skills and incorporate the use of direct
writing assessment and other assessments of applied academic skills.
(2) The State Board of Education shall annually require that each
school district administer statewide tests pursuant to this
subdivision to all pupils in grades 4, 5, 8, and 10. The core
curriculum areas shall be addressed by those tests. Notwithstanding
any other provision of law, the testing provided for under this
subdivision shall address, in grade 4, only reading, written
expression, and mathematics, and, in grade 5, only history/social
science and science. Pupils in a given school shall be administered
a portion of all subjects of the test that will be representative of
all the test objectives, goals, and categories of items on the entire
test in a manner that will produce results that are valid and
reliable at the school and school district level. The State
Department of Education may provide assistance to school districts in
the implementation of the tests established pursuant to this
subdivision.
(3) Nothing in this subdivision shall be construed to prevent the
State Board of Education from developing or adopting tests that also
contain assessments of basic academic skills.
(d) The State Board of Education shall adopt assessments pursuant
to subdivision (c) that are aligned with the statewide content and
performance standards adopted pursuant to subdivision (a). The State
Board of Education shall not adopt an assessment pursuant to
subdivision (c) for any core curriculum area until the statewide
content and performance standards for that core curriculum area have
been adopted by the board pursuant to subdivision (a). Nothing in
this subdivision shall be construed to prevent the State Board of
Education from awarding contracts pursuant to subdivision (g) for the
development and field testing of assessment instruments prior to
adoption of statewide content and performance standards.
(e) After the adoption of the statewide content and performance
standards, the State Board of Education shall review all tests
approved or adopted pursuant to subdivision (b) for conformance with
these statewide standards.
(f) The State Board of Education shall adopt regulations for the
conduct and administration of the testing program.
(g) Following consideration of recommendations of the
Superintendent of Public Instruction, the State Board of Education
shall award contracts to develop instruments to be used for the
purposes of subdivision (c), according to competitive bidding
procedures.
(1) As part of this process, the board may convene an advisory
panel composed of nationally recognized experts in pupil assessment.
This panel, if convened, shall assist the board in the preparation
of the request for proposals to develop instruments for use as
assessments of applied academic skills and in the review and rating
of proposals that are submitted. The panel shall also assist the
board in determining methods of assuring that tests approved pursuant
to subdivision (b) comply with paragraph (2) of subdivision (d) of
Section 60604.
(2) Any contractor to whom a contract is awarded pursuant to this
subdivision shall assure that parents, classroom teachers,
administrators, school district governing board members, and the
general public are actively involved in the development of any
assessment instruments.
60606. (a) Prior to approving any available tests of academic
achievement for use in kindergarten and grades 1 to 12, inclusive, or
adopting any assessments of applied academic skills for use in
grades 4, 5, 8, and 10 pursuant to Section 60605, the State Board of
Education shall submit those tests or assessments to the Statewide
Pupil Assessment Review Panel, which is hereby established, for
review by the panel.
(b) The panel shall consist of six members. Three members shall
be appointed by the Governor, one member shall be appointed by the
Senate Committee on Rules, one member shall be appointed by the
Speaker of the Assembly, and one member shall be appointed by the
Superintendent of Public Instruction. A majority of the panel shall
consist of parents whose children attend public schools in the state
in kindergarten and grades 1 to 12, inclusive.
(c) Panel members shall serve two-year terms, without
compensation. No panel member shall serve more than two consecutive
terms.
(d) The panel shall review the tests or assessments specified in
subdivision (a) in order to ensure that the content of the tests or
assessments complies with the requirements of Section 60614.
(e) The panel shall report its findings and recommendations to the
State Board of Education within 60 days of its receipt of each test
or assessment. If the panel fails to report within the required 60
days, the test or assessment shall be deemed acceptable to the panel.
60607. (a) Each pupil shall have an individual record of
accomplishment by the end of the 12th grade that includes the results
of academic achievement tests approved pursuant to subdivision (b)
of Section 60605 and administered annually as part of the statewide
pupil assessment program, results of end-of-course exams he or she
has taken, and whatever vocational education certification exams he
or she chose to take.
(b) It is the intent of the Legislature that school districts and
schools use the results of the academic achievement tests
administered annually as part of the statewide pupil assessment
program to provide support to pupils and parents or guardians in
order to assist pupils in strengthening their development as
learners, and thereby to improve their academic achievement and
performance in subsequent assessments.
(c) Any pupil, or his or her parent or guardian, may request and
receive individual pupil assessment results from the assessments of
applied academic skills administered pursuant to subdivision (c) of
Section 60605 to the extent individual results are available.
Notwithstanding subdivision (a), these results shall not be included
as part of a pupil's record.
(d) Any pupil results or record of achievement shall be private,
and may not be released to any person, other than a teacher,
counselor, or administrator directly involved with the pupil, without
the express written consent of the parent or guardian of the pupil
if the pupil is a minor or the pupil if the pupil has reached the age
of majority or is emancipated.
60608. The governing board of each district shall, in accordance
with the rules and regulations of the State Board of Education,
conduct a testing program pursuant to this chapter and may also
administer other tests.
60609. The districtwide and school-level results of the
assessments of applied academic skills administered pursuant to
subdivision (c) of Section 60605, but not the score or relative
position of individual pupils, shall be reported to the governing
board of the district at least once a year at a regularly scheduled
meeting.
60610. At the request of the State Board of Education, and in
accordance with rules and regulations that the board may adopt, each
county superintendent of schools shall cooperate with and assist
school districts under his or her jurisdiction in carrying out the
testing programs of those districts and other duties imposed on
school districts by this chapter.
60611. No city, county, city and county, or district
superintendent of schools or principal or teacher of any elementary
or secondary school shall carry on any program of specific
preparation of the pupils for the statewide pupil assessment program
or a particular test used therein.
60612. Upon adoption or approval of assessments pursuant to this
chapter, the Superintendent of Public Instruction shall prepare and
make available to parents, teachers, pupils, administrators, school
board members, and the public easily understood materials describing
the nature and purposes of the assessments, the systems of scoring,
and the uses to which the assessments will be put.
60613. A school district is an agent of the State Department of
Education for the purpose of administering assessments required
pursuant to this article. No action may be brought or maintained
against any school district or its officers or employees acting in
accordance with the instructions of the Superintendent of Public
Instruction.
60614. Notwithstanding Section 51513, no test, examination, or
assessment given as part of the statewide pupil assessment program
shall contain any questions or items that solicit or invite
disclosure of a pupil's, or his or her parents' or guardians',
personal beliefs or practices in sex, family life, morality, or
religion nor shall it contain any question designed to evaluate
personal behavioral characteristics, including, but not limited to,
honesty, integrity, sociability, or self esteem.
60615. Notwithstanding any other provision of law, a parent's or
guardian's written request to school officials to excuse his or her
child from any or all parts of the assessments administered pursuant
to this chapter shall be granted.
60616. Any assessment approved or adopted by the State Board of
Education pursuant to this chapter may be reviewed by any Member of
the Legislature or any member of the governing board of a school
district, if the member agrees in writing prior to the review to
maintain the confidentiality of the assessment.
60617. The governing board of any school district may meet in
closed session only to review the actual contents of any approved or
adopted assessment, provided the governing board agrees by resolution
to accept any terms or conditions for that review that are
established by rules and regulations of the State Board of Education.
The purpose of this provision is to maintain the confidentiality of
the assessments under review.
Article 3. Program Evaluation and Analysis
60630. (a) The Superintendent of Public Instruction shall prepare
and submit an annual report to the Legislature, the State Board of
Education, and each school district in the state containing an
analysis, on a school-by-school basis, of the results and test scores
of the state testing program. The report shall include an analysis
of the operational factors that appear to have a
significant relationship to, or bearing on,
the results. The analysis may include, but need not be limited to,
the following factors:
(1) Financial characteristics, including specially-funded
programs.
(2) Pupil and parent characteristics.
(3) Staff characteristics.
(4) Instructional methodologies and materials.
(b) School districts that elect to participate in the incentive
program established pursuant to Article 4 (commencing with Section
60640), shall submit to the State Department of Education whatever
information the department deems necessary to carry out this section.
Article 4. Pupil Testing Incentive Program
60640. (a) Commencing in the 1995-96 fiscal year, and from the
funds available for that purpose, for each school district that
certifies to the Superintendent of Public Instruction that it
administers to all of its pupils in the grades designated by
paragraph (1) of subdivision (b), an achievement test selected from
among those approved by the State Board of Education pursuant to
subdivision (b) of Section 60605, the Superintendent of Public
Instruction shall apportion five dollars ($5) per pupil tested in the
grades specified in paragraph (1) of subdivision (b).
(b) (1) In order to be eligible for the incentive funding
identified pursuant to subdivision (a), a school district shall
administer the assessments approved by the State Board of Education
for this purpose in grades 2 to 10, inclusive, or in as many of those
grades as are operated by the school district.
(2) In addition, the governing board of the school district may
administer these assessments in other grades as it deems appropriate.
60641. As a condition of receiving the incentive funding
specified in Section 60640, a school district shall certify to the
Superintendent of Public Instruction that it shall comply with all of
the following conditions:
(a) The achievement test shall be administered at a time of year
specified by the Superintendent of Public Instruction.
(b) The individual results of each pupil assessment administered
pursuant to Section 60640 shall be reported, in writing, to the pupil'
s parent or guardian. The written report shall include a clear
explanation of the purpose of the test, the pupil's score, and its
intended use by the school district. Nothing in this subdivision
shall be construed to require teachers to prepare individualized
explanations of each pupil's test score.
(c) The individual results of each pupil assessment administered
pursuant to Section 60640 shall also be reported to the pupil's
school and teachers. The school district shall include the pupil's
assessment results in his or her pupil records. However, except as
provided in this subdivision, individual pupil assessment results may
only be released with the permission of the pupil's parent or
guardian.
(d) The districtwide and school-level results of the testing
program in the grades designated pursuant to subdivision (b) of
Section 60640, but not the score or relative position of individual
pupils, shall be reported to the governing board of the district at a
regularly scheduled meeting, at the same time that the results of
the assessments of applied academic skills are reported pursuant to
Section 60609.
Article 5. Golden State Examination Program
60650. There is hereby established the Golden State Examination
Program for the purpose of administering the Golden State Examination
to pupils enrolled in public high schools. The Golden State
Examination shall measure pupil achievement under statewide standards
of competency in academic subjects, and shall adopt a special honors
designation and insignia on a high school diploma for qualifying
pupils. Participation in the Golden State Examination Program shall
be voluntary on the part of each school district maintaining a high
school. The governing board of each participating school district
shall determine the extent to which pupils of the district shall be
required to participate in the Golden State Examination.
60651. The Superintendent of Public Instruction shall prepare an
annual report comparing examination results among all participating
school districts including the average scores achieved on the
academic subject matter examination, the number of pupils taking each
examination, and the number of pupils qualifying for honors.
60652. It is the intent of the Legislature that school districts
encourage local representatives of business and industry to recognize
pupils who receive an honors designation based on the Golden State
Examinations.
SEC. 2. Chapter 6 (commencing with Section 60800) is added to Part
33 of the Education Code, to read:
CHAPTER 6. PHYSICAL FITNESS TESTING
60800. (a) During the month of March, April, or May, the
governing board of each school district maintaining any of grades 5,
7, and 9 shall administer to each pupil in those grades the physical
performance test designated by the State Board of Education. Each
physically handicapped pupil and each pupil who is physically unable
to take all of the physical performance test shall be given as much
of the test as his or her condition will permit.
(b) Upon request of the State Department of Education, a school
district shall submit to the department, at least once every two
years, the results of its physical performance testing.
SEC. 3. Section 11126 of the Government Code is amended to read:
11126. (a) Nothing in this article shall be construed to prevent
a state body from holding closed sessions during a regular or special
meeting to consider the appointment, employment, or dismissal of a
public employee or to hear complaints or charges brought against that
employee by another person or employee unless the employee requests
a public hearing. As a condition to holding a closed session on the
complaints or charges to consider disciplinary action or to consider
dismissal, the employee shall be given written notice of his or her
right to have a public hearing, rather than a closed session, which
notice shall be delivered to the employee personally or by mail at
least 24 hours before the time for holding a regular or special
meeting. If notice is not given, any disciplinary or other action
taken against any employee at the closed session shall be null and
void. The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
For the purposes of this section, "employee" shall not include any
person who is elected to, or appointed to a public office by, any
state body. However, officers of the California State University who
receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee shall include a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
(b) Nothing in this article shall be construed to prevent state
bodies which administer the licensing of persons engaging in
businesses or professions from holding closed sessions to prepare,
approve, grade, or administer examinations.
(c) Nothing in this article shall be construed to prevent an
advisory body of a state body which administers the licensing of
persons engaged in businesses or professions from conducting a closed
session to discuss matters which the advisory body has found would
constitute an unwarranted invasion of the privacy of an individual
licensee or applicant if discussed in an open meeting, provided the
advisory body does not include a quorum of the members of the state
body it advises. Those matters may include review of an applicant's
qualifications for licensure and an inquiry specifically related to
the state body's enforcement program concerning an individual
licensee or applicant where the inquiry occurs prior to the filing of
a civil, criminal, or administrative disciplinary action against the
licensee or applicant by the state body.
(d) Nothing in this article shall be construed to prohibit a state
body from holding a closed session to deliberate on a decision to be
reached in a proceeding required to be conducted pursuant to Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
or similar provisions of law.
(e) Nothing in this article shall be construed to prevent any
state body from holding a closed session to consider matters
affecting the national security.
(f) Nothing in this article shall be construed to grant a right to
enter any correctional institution or the grounds of a correctional
institution where that right is not otherwise granted by law, nor
shall anything in this article be construed to prevent a state body
from holding a closed session when considering and acting upon the
determination of a term, parole, or release of any individual or
other disposition of an individual case, or if public disclosure of
the subjects under discussion or consideration is expressly
prohibited by statute.
(g) Nothing in this article shall be construed to prevent any
closed session to consider the conferring of honorary degrees, or
gifts, donations, and bequests which the donor or proposed donor has
requested in writing to be kept confidential.
(h) Nothing in this article shall be construed to prevent the
Alcoholic Beverage Control Appeals Board from holding a closed
session for the purpose of holding a deliberative conference as
provided in Section 11125.
(i) Nothing in this article shall be construed to prevent a state
body from holding closed sessions with its negotiator prior to the
purchase, sale, exchange, or lease of real property by or for the
state body to give instructions to its negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the state body shall hold an
open and public session in which it identifies the real property or
real properties which the negotiations may concern and the person or
persons with whom its negotiator may negotiate.
For purposes of this subdivision, the negotiator may be a member
of the state body.
For purposes of this subdivision, "lease" includes renewal or
renegotiation of a lease.
Nothing in this subdivision shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (q).
(j) (1) Nothing in this article shall be construed to prevent the
California Postsecondary Education Commission from holding closed
sessions to consider matters pertaining to the appointment or
termination of the Director of the California Postsecondary Education
Commission.
(2) Nothing in this article shall be construed to prevent the
Council for Private Postsecondary and Vocational Education from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Executive Director of the Council
for Private Postsecondary and Vocational Education.
(k) Nothing in this article shall be construed to prevent the
Franchise Tax Board from holding closed sessions for the purpose of
discussion of confidential tax returns or data the public disclosure
of which is prohibited by law, or from considering matters pertaining
to the appointment or removal of the Executive Officer of the
Franchise Tax Board.
(l) Nothing in this article shall be construed to prevent the
Board of Corrections from holding closed sessions when considering
reports of crime conditions under Section 6027 of the Penal Code.
(m) Nothing in this article shall be construed to prevent the
State Air Resources Board from holding closed sessions when
considering the proprietary specifications and performance data of
manufacturers.
(n) Nothing in this article shall be construed to prevent a state
body that invests retirement, pension, or endowment funds from
holding closed sessions when considering investment decisions. For
purposes of consideration of shareholder voting on corporate stocks
held by the state body, closed sessions for the purposes of voting
may be held only with respect to election of corporate directors,
election of independent auditors, and other financial issues that
could have a material effect on the net income of the corporation.
For the purpose of real property investment decisions that may be
considered in a closed session pursuant to this subdivision, a state
body shall also be exempt from the provision of subdivision (i)
relating to the identification of real properties prior to the closed
session.
(o) Nothing in this article shall be construed to prevent a state
body, or boards, commissions, administrative officers, or other
representatives that may properly be designated by law or by a state
body, from holding closed sessions with its representatives in
discharging its responsibilities under Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 as the sessions relate to
salaries, salary schedules, or compensation paid in the form of
fringe benefits. For the purposes enumerated in the preceding
sentence, a state body may also meet with a state conciliator who has
intervened in the proceedings.
(p) Notwithstanding any other provision of law, any meeting of the
Public Utilities Commission at which the rates of entities under the
commission's jurisdiction are changed shall be open and public.
Nothing in this article shall be construed to prevent the Public
Utilities Commission from holding closed sessions to deliberate on
the institution of proceedings, or disciplinary actions against
regulated utilities.
(q) Nothing in this article shall be construed to prevent a state
body, based on the advice of its legal counsel, from holding a closed
session to confer with, or receive advice from, its legal counsel
regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
For purposes of this article, all expressions of the lawyer-client
privilege other than those provided in this subdivision are hereby
abrogated. This subdivision is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this article. For purposes of this subdivision,
litigation shall be considered pending when any of the following
circumstances exist:
(1) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(2) (A) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body; or
(B) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to subparagraph (A).
(3) Based on existing facts and circumstances, the state body has
decided to initiate or is deciding whether to initiate litigation.
The legal counsel of the state body shall prepare and submit to it
a memorandum stating the specific reasons and legal authority for
the closed session. If the closed session is pursuant to paragraph
(1), the memorandum shall include the title of the litigation. If
the closed session is pursuant to paragraph (2) or (3), the
memorandum shall include the existing facts and circumstances on
which it is based. The legal counsel shall submit the memorandum to
the state body prior to the closed session, if feasible, and in any
case no later than one week after the closed session. The memorandum
shall be exempt from disclosure pursuant to Section 6254.25.
For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
Disclosure of a memorandum required under this subdivision shall
not be deemed as a waiver of the lawyer-client privilege, as provided
for under Article 3 (commencing with Section 950) of Chapter 4 of
Division 8 of the Evidence Code.
(r) Nothing in this article shall be construed to prevent a state
body operating under a joint powers agreement for insurance pooling
from holding a closed session to discuss a claim for the payment of
tort liability or public liability losses incurred by the state body
or any member agency under the joint powers agreement.
(s) Nothing in this article shall be construed to prevent the
examining committee established by the State Board of Forestry,
pursuant to Section 763 of the Public Resources Code, from conducting
a closed session to consider disciplinary action against an
individual professional forester prior to the filing of an accusation
against the forester pursuant to Section 11503.
(t) Nothing in this article shall be construed to prevent an
administrative committee established by the State Board of
Accountancy pursuant to Section 5020 or 5020.3 of the Business and
Professions Code from conducting a closed session to consider
disciplinary action against an individual accountant prior to the
filing of an accusation against the accountant pursuant to Section
11503. Nothing in this article shall be construed to prevent an
examining committee established by the Board of Accountancy pursuant
to Section 5023 of the Business and Professions Code from conducting
a closed hearing to interview an individual applicant or accountant
regarding the applicant's qualifications.
(u) Nothing in this article shall be construed to prevent a state
body, as defined in Section 11121.2, from conducting a closed session
to consider any matter that properly could be considered in closed
session by the state body whose authority it exercises.
(v) Nothing in this article shall be construed to prevent a state
body, as defined in Section 11121.7, from conducting a closed session
to consider any matter that properly could be considered in a closed
session by the body defined as a state body pursuant to Section
11121, 11121.2, or 11121.5.
(w) Nothing in this article shall be construed to prevent a state
body, as defined in Section 11121.8, from conducting a closed session
to consider any matter that properly could be considered in a closed
session by the state body it advises.
(x) Nothing in this article shall be construed to prevent the
State Board of Equalization from holding closed sessions for either
of the following:
(1) When considering matters pertaining to the appointment or
removal of the executive secretary of the State Board of
Equalization.
(2) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
(y) Nothing in this article shall be construed to prevent the
California Earthquake Prediction Evaluation Council, or other body
appointed to advise the Director of the Office of Emergency Services
or the Governor pursuant to Section 8590 concerning matters relating
to volcanic or earthquake predictions, from holding closed sessions
when considering the evaluation of possible predictions.
(z) This article shall not prevent the Teachers' Retirement Board
or the Board of Administration of the Public Employees' Retirement
System from holding closed sessions when considering matters
pertaining to the recruitment, appointment, employment, or removal of
the chief executive officer or when considering matters pertaining
to the recruitment or removal of the Chief Investment Officer of the
State Teachers' Retirement System or the Public Employees' Retirement
System.
(aa) This article shall not prevent the Commission on Teacher
Credentialing from holding closed sessions when considering matters
relating to the recruitment, appointment, or removal of its executive
director.
(bb) Nothing in the article shall be construed to prevent the
State Board of Education, or any committee advising the State Board
of Education, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of Part 33 of the Education Code during which
actual test content is reviewed and discussed. The purpose of this
provision is to maintain the confidentiality of the assessments under
review.
SEC. 4. (a) There is hereby established in state government the
Commission for the Establishment of Academic Content and Performance
Standards, to consist of 21 members.
(1) The members of the commission shall be as follows:
(A) Eleven members appointed by the Governor.
(B) The Superintendent of Public Instruction, or his or her
designee.
(C) Six members appointed by the Superintendent of Public
Instruction.
(D) One member appointed by the Senate Committee on Rules.
(E) One member appointed by the Speaker of the Assembly.
(F) One member jointly appointed by the Governor and the
Superintendent of Public Instruction, who shall be the chair of the
commission.
(2) Members of the commission shall serve at the pleasure of the
appointing authority.
(3) It is the intent of the Legislature that the membership of the
commission include, but not necessarily be limited to, parents,
classroom teachers, representatives of the business community, and
individuals with expertise in pupil assessment or expertise in the
subject matter areas included in the statewide pupil assessment
program.
(b) The commission shall develop academically rigorous content
standards and performance standards to be used in public schools
maintaining kindergarten and grades 1 to 12, inclusive. The
commission shall consider any benchmarks developed by the Education
Benchmarks Commission when developing the standards required by this
section. Those academically rigorous content standards and
performance standards shall comply with all of the following
requirements:
(1) Be measurable and objective.
(2) Be aligned with the knowledge and skills called for under the
curriculum frameworks adopted by the State Board of Education.
(3) Reflect the knowledge and skills necessary for California's
work force to be competitive in the global, information-based economy
of the 21st century.
(4) Be comparable in rigor to academic content and performance
standards used in the school systems of America's global economic
competitors.
(5) Provide the basis for assessments for kindergarten and grades
1 to 12, inclusive, in the following groupings:
(A) Early elementary grades consisting of kindergarten and grades
1 to 3, inclusive.
(B) Upper elementary grades consisting of grades 4 to 6,
inclusive.
(C) Early departmentalized grades consisting of grades 7 and 8.
(D) Secondary grades consisting of grades 9 to 12, inclusive.
(c) The commission shall first develop content standards and
performance standards in reading, writing, and mathematics prior to
developing content standards and performance standards in other core
curriculum areas. The commission shall submit content standards and
performance standards in each of the core curriculum areas to the
State Board of Education for its consideration and adoption as they
are completed by the commission.
(d) In developing the academically rigorous content standards and
performance standards pursuant to subdivision (b), the commission
shall hold at least six public hearings throughout the state to
solicit public input.
(e) On or before July 1, 1997, the commission shall have developed
and submitted the academically rigorous content standards and
performance standards for all core curriculum areas for all grade
levels to the State Board of Education for approval by the board.
(f) It is the intent of the Legislature that the Commission for
the Establishment of Academic Content and Performance Standards and
the Education Benchmarks Commission work cooperatively to achieve the
purposes of each commission.
(g) This section shall remain in effect only until January 1,
1998, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1998, deletes or extends
that date.
SEC. 5. The State Board of Education shall hold regional public
hearings throughout the state on the current curriculum frameworks
for the purpose of determining the degree of rigorous, academic focus
within each curriculum area. The board shall provide the results of
these hearings to the Commission for the Establishment of Academic
Content and Performance Standards for the commission to consider in
the development of academically rigorous content standards and
performance standards. The commission shall make available to the
public the information derived from the framework hearings and shall
hold regional, public hearings throughout the state to provide the
opportunity for public comment on that information as it relates to
the establishment of rigorous, academic standards.
SEC. 6. (a) The sum of eleven million dollars ($11,000,000) is
hereby appropriated from the General Fund to the Superintendent of
Public Instruction for the 1995-96 fiscal year for allocation as
follows:
(1) To school districts for purposes of the incentive funding
provided pursuant to Article 4 (commencing with Section 60640) of the
Education Code for the 1995-96 fiscal year, four million five
hundred thousand dollars ($4,500,000).
(2) To local education agencies for the purpose of implementing
the statewide pupil assessment system pursuant to Chapter 5
(commencing with Section 60600) of the Education Code for the 1995-96
fiscal year, to be allocated pursuant to the implementation plan
required pursuant to subdivision (b) of Section 60604 of the
Education Code, six million five hundred thousand dollars
($6,500,000).
(b) Any funds appropriated pursuant to this section, but not
expended during the 1995-96 fiscal year, shall be available for
expenditure for the same purposes in the 1996-97 fiscal year. It is
the intent of the Legislature that appropriations in the Budget Act
of 1996 for the purposes of the statewide pupil assessment program
shall be adjusted to reflect the existence of any carry-over funds
made available by the operation of this subdivision.
SEC. 7. The
Legislature finds and declares that, in addition to the funds
appropriated pursuant to Section 6 of this act, Section 53 of Chapter
308 of the Statutes of 1995 appropriated fifteen million dollars
($15,000,000), that shall also be available, pursuant to the
provisions of that section, for the purpose of funding the incentive
program established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 of the Education Code for the 1995-96
fiscal year.
SEC. 8. No reimbursement shall be made from the State Mandates
Claims Fund pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code for costs mandated by
the state pursuant to this act. It is recognized, however, that a
local agency or school district may pursue any remedies to obtain
reimbursement available to it under Part 7 (commencing with Section
17500) and any other provisions of law.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.