BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1435
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

               AB 1435 (V. Manuel Perez) - As Amended:  April 29, 2009 

          Policy Committee:                              Education  
          Vote:10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Public Schools Accountability Act (PSAA)  
          advisory committee, by July 1, 2010, to make recommendations to  
          the Superintendent of Public Instruction (SPI) regarding the  
          inclusion of the results of the English language development  
          (ELD) test and the feasibility of including English language  
          proficiency as part of the Academic Performance Index (API).   
          Specifically, this bill: 

          Requires the SPI, with approval of the State Board of Education  
          (SBE), to include the results of the ELD test and English  
          language proficiency levels and growth of those levels in API.  

           FISCAL EFFECT  

          1)GF/98 costs, of approximately $200,000, to the State  
            Department of Education (SDE) to include the California  
            English Language Development Test (CELDT) results in the API.   


          2)The 2009 Budget allocates $12.1 million in state and federal  
            funds for the development and administration of the CELDT.  Of  
            this amount, $1.6 million is GF/98 and $10.5 million is  
            federal funds.  The GF allocation provides incentive funding  
            of $5 per pupil for school district apportionments for the  
            CELDT. As a condition of receiving these funds, districts must  
            agree to provide information determined to be necessary to  
            comply with the data collection and reporting requirements of  
            the federal No Child Left Behind Act of 2001 regarding ELL  
            pupils by the SDE.  









                                                                  AB 1435
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            As part of the February 2008 budget process, GF allocations  
            for statewide assessments were reduced by a total of 19.8%  
            from the enacted 2008 Budget.  Each assessment, including the  
            CELDT, received a proportional reduction.    

           COMMENTS  

           1)Purpose  .  SB 1X (Alpert), Chapter 3, Statutes of 1999,  
            established the PSAA, which required the development of the  
            state academic performance index (API). The API is used to  
            measure performance of schools and districts over time. An API  
            score is calculated based on students' performance on the  
            following standardized tests: the California Standards Tests  
            in English language arts, mathematics, and history-social  
            science, and science (where applicable) and the California  
            High School Exit Exam. 

            Current state and federal law requires local education  
            agencies to assess all English language learners (ELLs) in  
            grades K-12 to determine their proficiency in English. The  
            CELDT, administered from July 1 to October 31 every year, is  
            the assessment instrument utilized to meet this requirement.  
            The CELDT is used to (a) identify pupils as limited English  
            proficient; (b) determine the level of English language  
            proficiency; and (c) assess the progress of ELL pupils in  
            acquiring the skills of listening, speaking, reading, and  
            writing in English. In 2008-09, 1.33 million ELL pupils were  
            assessed by the CELDT. The CELDT is designed to measure true  
            year to year growth because the performance level means the  
            same thing at each grade level. 

            This bill requires the PSAA advisory committee to, by July  
            2010, to make recommendations for the inclusion of the CELDT  
            in the API, as specified.  

           2)EL pupils in California  . According to the SDE, there were 1.6  
            million ELL pupils (25%) enrolled in public schools in  
            2007-08. Of these children, 1.3 million (85%) speak Spanish  
            and 34,712 (2.2%) speak Vietnamese.  Of these pupils, 1.55  
            million (68%) are enrolled in grades K-6.   

           3)Similar legislation  .  

             a)   AB 173 (Price), pending in this committee, requires the  
               SDE to contract for the development of a new measure to  








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               replace the API and requires SDE to convene a new advisory  
               board to provide general guidance and make recommendations  
               in achieving this requirement.

             b)   AB 429 (Brownley), pending in this committee, requires  
               the PSAA advisory committee, by July 1, 2011, to make  
               recommendations to the SPI for the development of a  
               longitudinally valid assessment system in which annual  
               academic growth can be measured for a school and a pupil  
               over time.

             c)   AB 1130 (Solorio), pending on the Assembly floor,  
               expresses legislative intent to examine the methods for  
               making and reporting comparisons of school and district  
               academic achievement over time, as specified.

             d)   AB 2776 (Mullin), similar to this measure, was held on  
               the Senate Appropriation Committee's suspense file in 2008.  
                


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081