BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 429
          AUTHOR:        Brownley
          AMENDED:       April 29, 2009
          FISCAL COMM:   Yes            HEARING DATE:  July 15, 2009
          URGENCY:       No             CONSULTANT:    James Wilson

           SUBJECT  :  Academic Performance Index (API)
          
           SUMMARY 

          This bill requires an existing advisory committee to the  
          Superintendent of Public Instruction (SPI) to make  
          recommendations, by July 1, 2011, for development of a  
          longitudinally valid assessment system in which annual  
          academic growth can be measured for a school and a pupil  
          over time.  

           BACKGROUND  

          Current law requires the Superintendent of Public  
          Instruction (SPI) to establish a broadly representative  
          committee to advise the SPI and the State Board of  
          Education (SBE) on the creation of the Academic Performance  
          Index (API) and make recommendations on the feasibility of  
          measuring academic performance utilizing unique pupil  
          identifiers.

          The Academic Performance Index (API) was established  
          pursuant SB 1 X (Alpert, Ch. 3 of 1999). The index was  
          proposed as a means of combining multiple indicators of  
          school performance into one easy-to-compare index. A  
          school's API score is based on the test scores of pupils on  
          several statewide tests, including scores from the  
          California Standards Tests of pupils in grades 2 through  
          11, and the California High School Exit Examination  
          (CAHSEE).  

           ANALYSIS
           
           This bill:





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           1)   Requires the Superintendent's advisory committee on  
               API matters to make recommendations by July 1, 2011,  
               on developing a longitudinally valid assessment system  
               in which annual academic growth can provide an  
               accurate and valid measure of individual pupils and  
               school's academic achievement growth over time.  

          2)   Requires that the advisory committee use a pilot study  
               of academic growth measures that was required by  
               provisional language in the 2007 Budget Act when  
               formulating its recommendations.

          3)   Requires, by October 1, 2011, that the SPI to forward  
               the committee's recommendations, along with cost  
               estimates and implementation timelines to the State  
               Board of Education, policy and fiscal committees of  
               the Legislature, and the Department of Finance.

          4)   Provides that recommendation made pursuant to this  
               bill may not be implemented unless funds are expressly  
               appropriated for the purpose.      
           
          STAFF COMMENTS  

           1)   Measuring academic growth  .  The California Standards  
               Tests, that make up the heart of the state's  
               Standardized Testing and Reporting (STAR) Program,  
               measure pupil performance against the statewide  
               standards adopted by the State Board for each grade  
               level. Although the standards are considered among the  
               best in the nation, they were not designed to track  
               pupil performance in specific skills from one grade to  
               the next.  Each grade has a unique set of standards  
               and the tests for that grade are designed to measure  
               pupil performance against those standards, but aligned  
               as they are to the standards at each grade level, the  
               tests are not "vertically aligned" so that a pupil's  
               performance on any particular set of skills may be  
               tracked over time. As a result, this system does not  
               allow an accurate comparison of a pupil's growth or  
               decline in performance between grade levels.

           2)   No Child Left Behind (NCLB)  .  Federal law requires  
               states to measure the student proficiency in grades 3  
               through 8 and in specific subjects in high school. The  
               NCLB accountability measure calls for increasing  




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               percentages of pupils to achieve set levels of  
               proficiency over time towards a goal of having all  
               pupils "proficient" by 2013. By contrast, the state's  
               accountability measures call for schools to improve  
               each year in relation to that school's performance in  
               the prior year.  The two different systems result in  
               schools judged to be failing" under the federal  
               system, while they are succeeding on the state index. 

          California and other states have requested federal waivers  
               to allow the use of a system that rewards growth,  
               rather than requiring all pupils to meet set levels of  
               performance. Several states were provided flexibility;  
               but the federal government rejected California's  
               request for two reasons. California does not yet have  
               an operational longitudinal database yet since the  
               California Longitudinal Pupil Achievement Data System,  
               known as CALPADS, is expected to be implemented in  
               2010.  Second, the state             assessment system  
               does not produce pupil scores that can be compared  
               from year to year.

           3)   Academic Performance Index (API)  .  Currently the API  
               is based primarily on achievement test results and the  
               API is configured to produce scores measuring a  
               school's performance at each grade level and content  
               area at one point in time.  The Department of  
               Education also calculates 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, for example last year's third grade  
               class vs. this year's third grade class.  The current  
               state testing system does not measure the actual  
               growth for the same students over time.

           4)   Possible ways of measuring student growth  .  There are  
               several methods 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  




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               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 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 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 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  




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               allowing the underlying individual test scores to be  
               compared over time.

           5)   Budget Act Required Study.   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 noted drawbacks to 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.

           6)   Related legislation  :  AB 1130 (Solorio), which is also  
               on today's calendar would require that the  
               recommendations of the Superintendent's advisory  
               committee regarding measuring annual academic  
               achievement growth  must not be proprietary, must be  
               replicable and its results, as well as its statistical  
               features, must be able to be fully and accurately  
               explained to the public.

           SUPPORT  

          American Federation of State, County and Municipal  
          Employees
          Association of California School Administrators
          California County Boards of Education
          California Federation of Teachers
          California School Boards Association
          California State PTA
          California Teachers Association
          Californians Together Coalition
          EdVoice
          Hispanic Association of Colleges and Universities
          Los Angeles County Office of Education
          San Francisco Unified School District
          Santa Clara County Office of Education

           OPPOSITION




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           None received.