BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 429
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 429 (Brownley)
          As Amended  April 29, 2009
          Majority vote 

           EDUCATION           8-0         APPROPRIATIONS      17-0        
           
           ------------------------------------------------------------------ 
          |Ayes:|Brownley, Nestande,       |Ayes:|De Leon, Nielsen, Ammiano, |
          |     |Ammiano, Arambula,        |     |                           |
          |     |Carter, Eng, Miller,      |     |Charles Calderon, Davis,   |
          |     |Solorio                   |     |Duvall, Fuentes, Hall,     |
          |     |                          |     |Harkey, Miller,            |
          |     |                          |     |John A. Perez, Price,      |
          |     |                          |     |Skinner, Solorio, Audra    |
          |     |                          |     |Strickland, Torlakson,     |
          |     |                          |     |Krekorian                  |
          |-----+--------------------------+-----+---------------------------|
          |     |                          |     |                           |
           ------------------------------------------------------------------ 
           SUMMARY  :  Requires examination of methods for making and  
          reporting valid comparisons of individual academic performance  
          over time and for making potential improvements in the Academic  
          Performance Index (API), so as to be able to measure and report  
          both a student's and a school's academic growth over time.    
          Specifically,  this bill  :  

          1)Requires the advisory committee advising the Superintendent of  
            Public Instruction (SPI) on matters related to the API, to  
            make recommendations to the SPI by July 1, 2011, concerning  
            the establishment of a methodology for making the state's  
            assessment system longitudinally valid, and for measuring  
            academic growth more accurately and validly over time for  
            individual students and for schools; also requires the  
            advisory committee to use the pilot study conducted pursuant  
            to provision 10 of Item 6110-113-0890 of Section 2.00 of the  
            Budget Act of 2007 in making its recommendations.

          2)Requires the SPI to forward the committee's recommendations,  
            along with cost estimates and a timeline for implementation of  
            each recommendation, to the State Board of Education (SBE),  
            the appropriate policy and fiscal committees of the  
            Legislature, and the Department of Finance by October 1, 2011.









                                                                  AB 429
                                                                  Page  2


          3)Prohibits these recommendations or any other proposal to  
            develop longitudinally valid measures from being implemented  
            until funds are appropriated by the Legislature specifically  
            for that purpose.

           EXISTING LAW  :

          1)Requires the SPI, with the approval of the SBE, to develop and  
            implement the API to measure the performance of schools, and  
            to include a variety of indicators, including achievement test  
            results, attendance rates, and graduation rates in that  
            measure, and requires the SPI to establish an advisory  
            committee to provide advice on all appropriate matters  
            relative to the creation of the API.

          2)Directs the advisory committee by July 1, 2005, to make  
            recommendations to the SPI on the appropriateness and  
            feasibility of a methodology for generating a measurement of  
            academic performance by using unique pupil identifiers and  
            annual academic achievement growth to provide a more accurate  
            measure of a school's growth over time.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, General Fund Proposition 98 cost pressure, likely in  
          the tens to hundreds of millions of dollars, to the California  
          Department of Education (CDE) to modify the state's assessment  
          system and the API to measure student growth over time.  Actual  
          costs will be determined by the specific recommendations made by  
          the advisory committee.  For example, if it chooses to  
          statistically modify the state's existing assessment system,  
          costs will be less.  However, if the advisory committee chooses  
          to design new assessments, the costs will be significantly more.  
           This measure prohibits any proposal to develop a longitudinally  
          valid assessment system from being implemented unless funds are  
          appropriated for this purpose.

           COMMENTS  :  The SPI established, pursuant to SB 1 X1 (Alpert),  
          Chapter 3, Statutes of 1999-2000 First Extraordinary Session, an  
          advisory committee to advise the SPI and the SBE on all  
          appropriate matters relative to the creation of the API.  SB 1  
          X1 also requires the SPI, with the approval of the SBE, to  
          develop the API to measure the performance of schools and  
          districts.  Currently only achievement test results are  
          incorporated into the API, and the API is configured to produce  








                                                                  AB 429
                                                                  Page  3


          scores measuring a school's performance at each grade level and  
          content area at one point in time.  In addition the SPI also  
          produces a "Growth API" that compares this static performance  
          from one year to the next.  This growth API, however, does not  
          measure growth for a specific group of students and is not based  
          on information for individual pupils; in other words that  
          measure may only be reflecting the differences in two cohorts of  
          pupils who were in one grade level in two different years,  
          rather than actual growth for a fixed set of students over time.

          There is a broad spectrum of methodologies that could be  
          employed to either eliminate or work around this problem.  On  
          one end of that spectrum might be a full vertical scaling  
          effort, which would allow a student's growth to be tracked as  
          the student moves up the score scale that runs from the lowest  
          grade level up through the highest scores at the highest grade  
          level and which would reflect a progression through the content.  
           Since the API is an aggregation of STAR test scores, vertical  
          scaling of the test scores would eliminate most of the problems  
          associated with using the API to compare school and district  
          performance across time.  At the other end of the spectrum might  
          be approaches that rely on statistical procedures to estimate or  
          project what score, on the average, should be achieved in a  
          given year based on the previous year's score or other  
          information.  In this way a student's or school's actual score  
          can be compared to the projected score, and a judgment could be  
          made about whether the student or school grew at a greater or  
          lesser rate than the average.  There are many other approaches  
          and methodologies that could be employed to allow comparisons  
          over time.  The trade-off among these procedures is generally  
          between the increased validity and accuracy of the results, and  
          the cost and time involved in implementing that approach.  At  
          the two ends of the spectrum, a vertical scaling process would  
          be the most involved of the approaches, while direct statistical  
          mediations would be less costly and faster; on the other hand  
          statistical mediation does not solve the underlying problems and  
          would suffer from greater issues with validity.

          This bill does not presume that any of these approaches is best  
          in terms of either maximizing the validity and accuracy of the  
          comparisons of individual scores or aggregate API measure that  
          will eventually be compared over time or in terms of minimizing  
          the costs of producing these comparable measures.  Instead this  
          bill directs the advisory committee, with the expertise to  








                                                                  AB 429
                                                                  Page  4


          balance these goals, to make recommendations on the best course  
          for the state to proceed; the bill does, however, constrain the  
          advisory committee by requiring it to solve this lack of  
          longitudinal comparability for both individual assessment  
          results and for the state's aggregate accountability measure.   
          In other words, this bill leads the advisory committee to those  
          many possible approaches where individual test scores that can  
          validly be compared over time are developed and used to build up  
          to an API that is also longitudinally valid.  What this approach  
          rules out is an approach that mediates the aggregate API measure  
          without allowing the underlying individual test scores to be  
          compared over time.

          This bill also requires the SPI to forward the advisory  
          committee's recommendations, along with cost estimates and a  
          timeline for implementation, to the SBE, the appropriate policy  
          and fiscal committees of the Legislature, and the Department of  
          Finance; in addition, the bill prohibits these recommendations  
          or any other proposal to develop longitudinally valid measures  
          from being implemented until funds are appropriated by the  
          Legislature specifically for that purpose.  Making a change in  
          how we measure progress of both students and schools potentially  
          has significant impacts on individual students, schools and  
          school districts in terms both the state and the federal  
          accountability system, as well as in overall school reform; a  
          change of this significance should have the involvement of the  
          Legislature and the Governor.

          Provision 10 of Item 6110-113-0890 of section 2.00 of the Budget  
          Act of 2007 required a study of academic growth measures to  
          evaluate multiple approaches for measuring individual pupil  
          annual growth on the state standards.  The study examined five  
          approaches to measuring growth, including vertical scaling and  
          different statistical mediations.  The study recommended that  
          the state proceed with a regression based approach, consider the  
          development of vertical scales, and not pursue certain specific  
          statistical approaches; the study also provided caveats about  
          the problems involved in these approaches, the possibility of  
          misunderstanding or misinterpretation of the resulting  
          comparisons, and the unintended consequences that could occur  
          with the release of growth information to students and parents.   
          Problems with misuse and misinterpretation, as well as  
          unintended consequences, present serious threats to the validity  
          of any approach used to produce measures of student or aggregate  








                                                                  AB 429
                                                                  Page  5


          achievement.  

          Related and previous legislation:  This bill is one of four  
          bills that propose changes to the state's accountability system,  
          specifically to the API measure, and that have been introduced  
          in the Assembly in 2009.  Those four bills are AB 173 (Price),  
          AB 429 (Brownley), AB 1130 (Solorio), and AB 1435 (V. Manuel  
          Perez).  AB 2776 (Mullin), held in the Senate Appropriations  
          Committee in 2008, would have required examination of the  
          collection of individual student data, the state's emerging data  
          systems, the possibility of making real comparisons of student  
          performance over time, and the long-term availability of  
          assessment data related to the acquisition of English language  
          by English learners with respect to making potential  
          improvements in the API.  SB 219 (Steinberg), Chapter 731,  
          Statutes of 2007, made changes in the calculation of and in the  
          process for revising the API.  SB 257 (Alpert), Chapter 782,  
          Statutes of 2003, required the advisory committee established to  
          advise the SPI on the API to make recommendations to the SPI on  
          a methodology for generating a "gain" score measurement to  
          provide more accurate measure of a school's growth over time.   
          SB 1 X1 (Alpert), Chapter 3, Statutes of 1999-2000 First  
          Extraordinary Session, known as the Public Schools  
          Accountability Act (PSAA), authorized the state's current  
          accountability program, including establishment of the PSAA  
          Advisory Committee and development of the API.


           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087


                                                                FN: 0001145