BILL NUMBER: SB 376 CHAPTERED
BILL TEXT
CHAPTER 828
FILED WITH SECRETARY OF STATE OCTOBER 10, 1997
APPROVED BY GOVERNOR OCTOBER 9, 1997
PASSED THE ASSEMBLY SEPTEMBER 13, 1997
PASSED THE SENATE SEPTEMBER 12, 1997
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE SEPTEMBER 11, 1997
AMENDED IN ASSEMBLY AUGUST 25, 1997
AMENDED IN ASSEMBLY AUGUST 12, 1997
AMENDED IN ASSEMBLY JULY 17, 1997
AMENDED IN ASSEMBLY JUNE 17, 1997
AMENDED IN ASSEMBLY MAY 28, 1997
AMENDED IN SENATE APRIL 1, 1997
INTRODUCED BY Senator Alpert
(Principal coauthors: Assembly Members Mazzoni and Pacheco)
(Coauthor: Senator McPherson)
(Coauthors: Assembly Members Baldwin, Frusetta, and Prenter)
FEBRUARY 13, 1997
An act to amend Sections 33050, 60603, 60604, 60605, 60606, 60607,
60613, 60616, and 60630 of, and to repeal and add Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 of, the
Education Code, relating to education, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 376, Alpert. Education: academic assessment and performance
standards.
(1) Existing law authorizes the State Board of Education, upon the
request of a governing board of a school district or a county board
of education, to waive all or a part of any provision of the
Education Code or any regulation adopted by the State Board of
Education that implements a provision of the Education Code, except
as specified.
This bill would prohibit the State Board of Education from
approving a waiver relating to the requirements of the Standardized
Testing and Reporting (STAR) Program established by the bill.
(2) Existing law, known as the Leroy Greene California Assessment
of Academic Achievement Act (Assessment Act), among other things,
requires the State Board of Education to adopt statewide academically
rigorous content and performance standards, in all core curriculum
areas, pursuant to the recommendations of the Commission for the
Establishment of Academic Content and Performance Standards, no later
than January 1, 1998, to serve as the basis for assessing academic
achievement. The Assessment Act provides, among other things, that,
commencing with the 1995-96 fiscal year, under the pupil testing
incentive program of the Assessment Act, each school district that
certifies to the Superintendent of Public Instruction that they will
administer tests to all of their pupils in grades 2 to 10, inclusive,
or in as many of those grades as are served by the school district,
are apportioned a specified amount per pupil tested.
This bill would specify that the State Board of Education shall
adopt statewide academically rigorous content and performance
standards in the core curriculum areas of reading, writing, and
mathematics no later than January 1, 1998, and in the core curriculum
areas of history/social science and science no later than November
1, 1998.
This bill, in effect, would amend the Assessment Act to repeal the
pupil testing incentive program and instead would establish the STAR
Program in grades 2 to 11, inclusive, as specified. The bill would
specify the provisions with which school districts would be required
to comply in the administration of achievement tests under the STAR
Program. The bill would provide for the reporting of the achievement
test results, as specified. Because the bill would impose new
responsibilities on school districts, it would constitute a
state-mandated local program.
This bill would make other, related changes.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33050 of the Education Code, as amended by
Chapter 299 of the Statutes of 1997, is amended to read:
33050. (a) The governing board of a school district or a county
board of education may, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, request the State Board of Education to waive
all or part of any section of this code or any regulation adopted by
the State Board of Education that implements a provision of this code
that may be waived, except:
(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 6 of Part 10.
(2) Chapter 8 (commencing with Section 16000) and Chapter 9
(commencing with Section 16400) of Part 10.
(3) Chapter 22 (commencing with Section 17700), Chapter 23
(commencing with Section 17760), and Chapter 25 (commencing with
Section 17785) of Part 10.
(4) Part 13 (commencing with Section 22000).
(5) Section 35735.1.
(6) Paragraph (8) of subdivision (a) of Section 37220.
(7) The following provisions of Part 23:
(A) Chapter 1 (commencing with Section 39000).
(B) Article 1 (commencing with Section 39100) to Article 6
(commencing with Section 39210), inclusive, of Chapter 2.
(C) Section 39248; Sections 39313 to 39325, inclusive; Sections
39360.5 and 39363 and subdivision (a) of Section 39363.5; and
Sections 39618 to 39621, inclusive.
(8) Sections 52163, 52165, 52166, and 52178.
(9) Article 3 (commencing with Section 52850) of Chapter 12 of
Part 28.
(10) The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.
(11) Sections 41000 to 41360, inclusive; Sections 41420 to 41423,
inclusive; Sections 41600 to 41866, inclusive; Sections 41920 to
42911, inclusive; Article 3 (commencing with Section 44930) of
Chapter 4 of Part 25; Part 26 (commencing with Section 46000) and
Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing
with Section 49060) of Part 27; or regulations in Title 5 of the
California Code of Regulations adopted pursuant to Article 3
(commencing with Section 44930) of Chapter 4 of Part 25.
(12) Section 51513.
(13) Chapter 6.10 (commencing with Section 52120) of Part 28,
relating to the Class Size Reduction Program.
(14) Section 56364.1, except that this restriction shall not
prohibit the State Board of Education from approving any waiver of
Section 56364 relating to full inclusion.
(15) Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33, relating to the STAR Program, and any other provisions of
Chapter 5 (commencing with Section 60600) of Part 33 that establish
requirements for the STAR Program.
(b) Any waiver of provisions related to the programs identified in
Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28.
(c) The waiver of an advisory committee required by law shall be
granted only pursuant to Article 4 (commencing with Section 52870) of
Chapter 12 of Part 28.
(d) Any request for a waiver submitted by the governing board of a
school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to (1) whether
the exclusive representative of employees, if any, as provided in
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, participated in the development of the waiver
and (2) the exclusive representative's position regarding the
waiver.
(e) Any request for a waiver submitted pursuant to subdivision (a)
relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of
Part 28, that is operated by a joint powers entity established
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 of the Government Code, shall be submitted as a joint waiver
request for each participating school district and shall meet both
of the following conditions:
(1) Each joint waiver request shall comply with all of the
requirements of this article.
(2) The submission of a joint waiver request shall be approved by
a unanimous vote of the governing board of the joint powers agency.
(f) The governing board of any school district requesting a waiver
under this section of any provision of Article 5 (commencing with
Section 39390) of Chapter 3 of Part 23 shall provide written notice
of any public hearing it conducted pursuant to subdivision (a), at
least 30 days prior to the hearing, to each public agency identified
under Section 39394.
SEC. 2. Section 60603 of the Education Code is amended to read:
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 the subject
areas of 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 grades 2 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment 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.
SEC. 3. Section 60604 of the Education Code is amended to read:
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
consistent with 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 plan for producing valid, reliable, and comparable
individual pupil scores in grades 2 to 11, inclusive, and a
comprehensive analysis of these scores based on the results of the
achievement test designated by the State Board of Education that
assesses a broad range of basic academic skills pursuant to the
Standardized Testing and Reporting (STAR) Program established by
Article 4 (commencing with Section 60640) and the assessment
established pursuant to subdivision (c) of Section 60605.
(2) A method of working with publishers to ensure valid, reliable,
and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 2 to 11,
inclusive, that is based on the achievement test designated 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, district-level,
county-level, and statewide 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 testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the State Board of Education.
(5) The alignment of assessment 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, administrators, 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 pursuant to the requirements of
subdivision (c) of Section 60605.
(7) The development of a contract with a publisher or publishers,
after the approval of statewide academically rigorous content and
performance standards by the State Board of Education, 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.
(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).
The annual update shall be submitted on or before March 1 of each
year to the chairperson of the fiscal subcommittee considering budget
appropriations in each house. The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
(c) The Superintendent of Public Instruction shall provide each
school district with guidelines for professional development that are
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
and approved by the State Board of Education before dissemination.
(d) The Superintendent of Public Instruction shall make available
prototype and sample versions of the statewide pupil assessment test
pursuant to subdivision (c) of Section 60605 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.
(e) The results of the achievement test administered pursuant to
Article 4 (commencing with Section 60640) shall be returned to the
school district in the same academic year in which the test was
administered and no later than June 30 of the calendar year in which
the test was administered.
SEC. 4. Section 60605 of the Education Code is amended to read:
60605. (a) (1) 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 the core curriculum areas of reading, writing, and
mathematics to serve as the basis for assessing the academic
achievement of individual pupils and of schools, school districts,
and the California education system. No later than November 1, 1998,
the State Board of Education shall adopt such standards in the core
curriculum areas of history/social science and science.
(2) 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.
(3) 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) (1) The State Board of Education shall require the State
Department of Education to notify publishers of the opportunity to
submit, for consideration by the State Board of Education pursuant to
Section 60642, tests of achievement that include all of the basic
academic skills identified in subdivision (c) of Section 60603 in
grades 2 to 8, inclusive, and the core curriculum areas identified in
subdivision (e) of Section 60603 in grades 9 to 11, inclusive.
(2) On or before October 31, 1997, the Superintendent of Public
Instruction shall recommend to the State Board of Education which
achievement test to adopt pursuant to subdivision (b) of Section
60642.
(c) (1) The State Board of Education shall adopt an assessment
instrument that meets the objectives of Section 60602 and that yields
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 the statewide assessment pursuant to this
subdivision to all pupils in grades 4, 5, 8, and 10. The core
curriculum areas shall be addressed by that assessment.
Notwithstanding any other provision of law, the assessment 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 assessment that will
be representative of all the assessment objectives, goals, and
categories of items on the entire assessment 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
assessment established pursuant to this subdivision.
(3) Nothing in this subdivision shall be construed to prevent the
State Board of Education from developing or adopting an assessment
instrument that also contains 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). The State
Board of Education shall not award contracts pursuant to subdivision
(h) for any core curriculum area until after adoption of statewide
content and performance standards for that core curriculum area.
(e) After the adoption of the statewide content and performance
standards, the State Board of Education shall review the achievement
test designated pursuant to Section 60642 for conformance with these
statewide standards.
(f) After the adoption of the statewide content and performance
standards, the board shall review the existing curriculum frameworks
for conformity with the new statewide standards and shall modify the
curriculum frameworks where appropriate to bring them into alignment
with the standards.
(g) The State Board of Education shall adopt regulations for the
conduct and administration of the testing and assessment program.
(h) The State Board of Education shall adopt a regulation for
minimum security procedures that test and assessment publishers and
school districts must follow to ensure the security and integrity of
test and assessment questions and materials.
(i) 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.
Two members of the panel shall be selected from a list of at least
10 nominees of the Superintendent of Public Instruction. 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 ensuring that the achievement test designated
pursuant to Section 60642 meets the requirements of Section 60644.
(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.
(j) (1) Not less than 60 days before adoption of the statewide
pupil assessment pursuant to subdivision (c), the State Board of
Education shall make the proposed assessment available for inspection
by the public. The board shall adopt any proposed amendments or
modifications to the assessment before this public inspection period
so that the materials available for inspection are the same materials
that the board shall consider for final adoption. This provision
applies to subsequent amendments or modifications of the examination
in addition to the initial adoption. The proposed assessment shall
be available for inspection by the public for a reasonable period of
time.
(2) The assessment adopted pursuant to subdivision (c) shall be
available for inspection at each county superintendent of schools'
office and within each school district at a centrally located site
selected by the governing board of each school district. The
governing board may also make the assessment available for public
inspection at other locations within the school district. No
assessment may be copied or taken from the inspection site.
SEC. 5. Section 60606 of the Education Code, as amended by Chapter
44 of the Statutes of 1997, is amended to read:
60606. (a) After designating a test of academic achievement for
use in grades 2 to 11, inclusive, pursuant to Section 60642, or
adopting an assessment of applied academic skills for use in grades
4, 5, 8, and 10 pursuant to Section 60605, the State Board of
Education shall submit each of those two instruments when designated
or adopted 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 two instruments specified in
subdivision (a) in order to ensure that the content of the
instruments complies with the requirements of Section 60614.
Notwithstanding any other provision of law, the panel may meet in
closed session with a publisher for the purpose of addressing
questions and clarifying issues that relate to ensuring that the
content of the publisher's test or assessment, as the case may be,
comply with the requirements of Section 60614.
(e) The panel shall report its findings and recommendations to the
State Board of Education within 10 days of its receipt of each
instrument. If the panel fails to report within the required 10
days, the test or assessment shall be deemed acceptable to the panel.
SEC. 6. Section 60607 of the Education Code is amended to read:
60607. (a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results of
the achievement test required and administered annually as part of
the standardized testing and reporting program established pursuant
to Article 4 (commencing with Section 60640), 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.
(d) Any pupil results or record of achievement shall be private,
and may not be released to any person, other than the pupil's parent
or guardian and 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.
SEC. 7. Section 60613 of the Education Code is amended to read:
60613. A school district is an agent of the State Department of
Education for the purpose of administering a test or assessment
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 or the State Board of Education.
SEC. 8. Section 60616 of the Education Code is amended to read:
60616. Any achievement test designated pursuant to Section 60642
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
test.
SEC. 9. Section 60630 of the Education Code is amended to read:
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 assessment of applied academic skills adopted pursuant to
subdivision (c) of Section 60605 and the achievement test designated
pursuant to Section 60642. The report shall include an analysis of
the operational factors that appear to have a significant
relationship to, or bearing on, the results. The report
simultaneously shall be made available in an electronic medium on the
Internet. 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 shall submit to the State Department of
Education whatever information the department deems necessary to
carry out this section.
SEC. 10. Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33 of the Education Code is repealed.
SEC. 11. Article 4 (commencing with Section 60640) is added to
Chapter 5 of Part 33 of the Education Code, to read:
Article 4. Standardized Testing and Reporting Program
60640. (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
(b) Commencing in the 1997-98 fiscal year and each fiscal year
thereafter, and from the funds available for that purpose, each
school district, charter school, and county office of education shall
administer to each of its pupils in grades 2 to
11, inclusive, before May 15, the
achievement test designated by the State Board of Education pursuant
to Section 60642.
(c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils no later than May
25.
(d) The governing board of the school district may administer
achievement tests in kindergarten, and grade 1 or 12, or both, as it
deems appropriate.
(e) Individuals with exceptional needs who have an explicit
provision in their individualized education program that exempts them
from the testing requirement of subdivision (b) shall be so exempt.
(f) At the school district's option, pupils of limited English
proficiency who are enrolled in any of grades 2 to 11, inclusive, may
take a second achievement test in their primary language.
(g) In addition to the test required by subdivision (b), pupils of
limited English proficiency who are enrolled in any of grades 2 to
11, inclusive, shall be required to take a test in their primary
language if such a test is available, if less than 12 months have
elapsed after their initial enrollment in any public school in the
state.
(h) The Superintendent of Public Instruction shall apportion funds
to enable school districts to meet the requirements of subdivisions
(b), (f), and (g). The State Board of Education shall establish the
amount of funding to be apportioned. The amount to be apportioned
shall be up to eight dollars ($8) per test administered to a pupil in
grades 2 to 11, inclusive.
(i) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation for the apportionments made pursuant to subdivision (g)
shall be deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 of the
Education Code, for the applicable fiscal year, and included within
the "total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIIIB," as defined in subdivision (e) of Section 41202 of
the Education Code, for that fiscal year.
(j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the superintendent
all of the following:
(1) The number of pupils enrolled in the school district in grades
2 to 11, inclusive.
(2) The number of pupils to whom an achievement test was
administered in grades 2 to 11, inclusive, in the school district.
(3) The number of pupils in paragraph (1) who were exempted from
the test pursuant to subdivision (e) of Section 60640.
(4) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
60640.1. (a) For the 1997-98 fiscal year, a school district may
receive reimbursement for costs of a test in addition to the test
designated pursuant to Section 60642 if all of the following
conditions are met:
(1) On or before July 1, 1997, the school district can show that
it had an executed contract with a test publisher to administer in
the 1997-98 school year, pursuant to Section 60641 as that section
read on June 30, 1997, a test approved by the State Board of
Education.
(2) The school district certifies that, if the test is
administered in the 1997-98 school year, the district will comply
with the requirement of Section 60641 as that section read on June
30, 1997.
(3) The costs for which the school district seeks reimbursement
pursuant to this section are not associated with the test that is
designated pursuant to Section 60642.
(b) The Superintendent of Public Instruction may apportion up to
five dollars ($5) per pupil in reimbursement for 1997-98 testing
costs in accordance with subdivision (a).
60641. The State Department of Education shall ensure that school
districts comply with each of the following requirements:
(a) The achievement test designated pursuant to Section 60642 is
scheduled to be administered to all pupils during the period
prescribed in subdivision (b) of Section 60640.
(b) The individual results of each pupil test 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 test administered
pursuant to Section 60640 shall also be reported to the pupil's
school and teachers. The school district shall include the pupil's
test results in his or her pupil records. However, except as
provided in this section, individual pupil test results may only be
released with the permission of the pupil's parent or guardian.
(d) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting. These results shall be reported at the same
meeting at which the results of the assessments of applied academic
skills are reported pursuant to Section 60609, when those assessments
are implemented.
(e) The State Department of Education and publisher designated
pursuant to Section 60642 shall make the grade, school, school
district, and state results available on the Internet by June 30 of
each year in which the achievement test is administered.
60642. (a) By September 1, 1997, or as soon thereafter as is
practical, the State Board of Education may consider any evaluations
of independent experts who have not been employed by a test publisher
in the preceeding 12 months regarding the suitability of the
achievement tests submitted by publishers as required by subdivision
(b) of Section 60605 for use as part of the STAR Program established
by this article.
(b) Based upon a review of the achievement tests submitted and the
recommendation made by the Superintendent of Public Instruction
pursuant to subdivision (b) of Section 60605, the State Board of
Education, in its sole discretion, based on the considerations set
forth in Section 60644, shall designate for use as part of the STAR
Program a single test in grades 2 to 11, inclusive, no later than
November 14, 1997.
(c) The State Board of Education shall ensure that the achievement
test designated pursuant to subdivision (b) contains the subject
areas specified in subdivision (c) of Section 60603 for grades 2 to
8, inclusive, and the core curriculum areas specified in subdivision
(e) of Section 60603 for grades 9 to 11, inclusive.
(d) The State Board of Education is hereby authorized to designate
the achievement test to be administered pursuant to this article for
more than one academic year subject to the availability of funds.
60643. (a) To be eligible for consideration under Section 60642
by the State Board of Education, test publishers shall agree in
writing to meet the following requirements, if selected:
(1) Post a performance bond in an amount to be determined by the
State Board of Education.
(2) Enter into a standard agreement with all school districts in
the state that includes a payment schedule and conditions prescribed
by the State Board of Education.
(3) Align the achievement test to the academically rigorous
content and performance standards adopted by the State Board of
Education.
(4) Comply with subdivisions (c) and (d) of Section 60645.
(5) Provide individual pupil scores to parents or guardians,
teachers, and school administrators.
(6) Provide aggregate scores to teachers, administrators,
governing boards of school districts, county boards of education, and
the State Department of Education in all of the following forms and
formats:
(A) Grade level.
(B) School level.
(C) District level.
(D) Countywide.
(E) Statewide.
(F) Comparison of statewide scores relative to other states.
(7) Provide disaggregated scores, based on
limited-English-proficient status, to teachers, administrators,
governing boards of school districts, county boards of education, and
the State Department of Education in the same form and formats
listed in paragraph (6).
(8) Provide all information listed in paragraph (6) and in
paragraph (7) to the State Board of Education and to the recipients
listed in paragraph (6), in hard copy and in an electronic medium
compatible for access through the Internet.
(b) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642 shall
comply with all of the conditions and requirements enumerated in
subdivision (a) to the satisfaction of the State Board of Education.
(c) The State Department of Education is hereby authorized to
develop a standard agreement, subject to the approval of the State
Board of Education, that all school districts shall be required to
use. The agreement shall contain provisions for withholding payments
for test development, publication, administration, scoring, test
security, data aggregation, analysis, reporting, and electronic
transmission. The State Department of Education shall specify in the
standard agreement that final payments by school districts or any
agent of the State of California shall be withheld until the
Superintendent of Public Instruction notifies all school districts
that the test administration is completed for the academic year and
the State Board of Education has received complete statewide data to
its satisfaction reported in the manner prescribed by this section.
(d) The State Board of Education shall consider the performance of
publishers no later than July 31 following the test administration
for purposes of making appropriate determinations pursuant to the
standard agreement authorized pursuant to this section.
60644. In designating an achievement test pursuant to Section
60642, the State Board of Education shall adopt only a nationally
normed test and shall consider each of the following criteria:
(a) Ability of the publisher to produce valid, reliable individual
pupil scores.
(b) Quality and age of empirical data supporting national norm
referenced data analysis of the proposed assessment.
(c) Ability to report results pursuant to the provisions of
paragraphs (5) to (8), inclusive, of subdivision (a) of Section 60643
by June 30.
(d) Ability to report results that permit comparability between
data from school districts' previous administration of standardized
achievement tests, if feasible.
(e) Ability to provide results comparable with data from the 1998
benchmark year and administrations in subsequent years with the grade
level competencies established pursuant to the academically rigorous
content and performance standards adopted by the State Board of
Education pursuant to Section 60605.
(f) (1) Ability to align the achievement test with academically
rigorous content and performance standards adopted by the State Board
of Education. It is the intent of the Legislature that, to the
extent feasible, the nationally-normed test shall be augmented with
items that assess the specific grade-level content standards accepted
by the State Board of Education pursuant to subdivision (a) of
Section 60605.
(2) Until the State Board of Education adopts academically
rigorous content and performance standards, the test shall be
consistent with Section 60200.4, reasonably aligned with the state
curriculum frameworks, and substantively aligned with the program
advisories jointly adopted by the Superintendent of Public
Instruction, the State Board of Education, and the Commission on
Teacher Credentialing in 1996.
(g) The circumstances, if any, under which a publisher forfeited a
performance bond.
(h) Per-pupil cost estimates of administering the proposed
assessment.
(i) The publisher's procedure for ensuring the security and
integrity of test questions and materials.
(j) Experience in the successful conduct of testing programs
adopted and administered by other states. For experience to be
considered, the number of grades and pupils tested shall be provided.
60645. (a) The panel established pursuant to Section 60606 shall
review the achievement test designated by the State Board of
Education pursuant to Section 60642 and items identified in
subdivision (d) for compliance with Section 60614.
(b) Any test questions or test content identified by the panel to
be out of compliance with Section 60614 shall be recommended for
deletion or replacement pursuant to subdivision (e) of Section 60606.
(c) The State Board of Education shall ensure that any question or
content not in compliance with Section 60614 is deleted from
assessments designated pursuant to Section 60642.
(d) If necessary to maintain the requirements of Section 60644,
the publisher shall replace deleted test content with revisions that
comply with Section 60614 as required by the State Board of Education
pursuant to subdivision (c).
60646. (a) If the State Board of Education determines at a
regular scheduled meeting that the publisher of the achievement test
designated under Section 60642 is unable to meet without just cause
the obligations of Section 60643, 60644, or 60645, it shall notify
the publisher that the performance bond posted under Section 60643
shall be forfeited to the State of California. Notwithstanding any
other provision of law, the proceeds from a forfeit of a performance
bond pursuant to this section shall be deposited in the Proposition
98 Reversion Account in the General Fund.
(b) Neither the State of California nor any agent of the State
Board of Education, Superintendent of Public Instruction, or local
educational agency shall be liable for undelivered work in progress
by the publisher as a result of a determination made by the State
Board of Education pursuant to subdivision (a).
(c) For purposes of subdivision (b), work in progress activities
include, but are not limited to, the following activities:
development, test revision pursuant to Section 60644 or 60645,
administration, scoring, data aggregation, analysis, reporting, or
transmission of results.
60647. Any action to challenge any provision of this article or
any determination made by the State Board of Education thereunder,
shall be filed and adjudicated pursuant to the provisions of Sections
860 to 870, inclusive, of the Code of Civil Procedure, except that
any determination made by the State Board of Education pursuant to
Section 60642 may only be challenged by an unsuccessful publisher
pursuant to an action filed within 30 days thereafter. No exercise
of discretion by the State Board of Education in its administration
of this article or exercise of its discretion pursuant to Section
60605 shall be overturned absent a finding that the State Board of
Education acted in an arbitrary and capricious manner.
SEC. 12. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
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.
SEC. 13. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order for the Standardized Testing and Reporting Program, and
the other important reforms made by this act, to operate effectively
during the 1997-98 school year, it is necessary that this act take
effect immediately.