BILL ANALYSIS                                                                                                                                                                                                    






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

          BILL NO:       AB 1435 
          AUTHOR:        V. Manuel Perez
          AMENDED:       April 29, 2009
          FISCAL COMM:   Yes            HEARING DATE:  July 8, 209
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Academic Performance Index and English learners.
          
           SUMMARY  

          This bill requires the advisory committee to the  
          Superintendent of Public Instruction (SPI) and State Board  
          of Education (SBE) on matters relative to the creation of  
          the Academic Performance Index (API), to make  
          recommendations to the SPI regarding the inclusion of the  
          results of the English language development test and the  
          feasibility of including English learner proficiency as  
          part of the API and requires the SPI, with the approval of  
          the SBE, to include both in the API.

           BACKGROUND  

          Current law establishes the Public School Performance  
          Accountability Program under which the Superintendent of  
          Public Instruction (SPI), with approval of the State Board  
          of Education (SBE), is required to develop an Academic  
          Performance Index (API), to measure the performance of  
          schools.  The Academic Performance Index (API) was  
          established pursuant to 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.  The API is required to consist of a variety of  
          indicators including, but not limited to, the results of  
          the achievement test, attendance rates for pupils in  
          elementary schools, middle schools, and secondary schools,  
          and the graduation rates for pupils in secondary schools.  
          Currently, 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).  




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          Current law also requires the establishment of a broadly  
          representative and diverse advisory committee to advise the  
          SPI and the SBE on all appropriate matters relative to the  
          creation of the Academic Performance Index and to make  
          recommendations on the feasibility of utilizing unique  
          pupil identifiers to provide a more accurate measure of a  
          school's growth over time.  




           ANALYSIS
           
           This bill :

          1)   Requires the advisory committee to the Superintendent  
               of Public Instruction (SPI) and State Board of  
               Education (SBE) on matters relative to the creation of  
               the API, to make recommendations to the SPI regarding  
               the inclusion of the results of the English language  
               development test(s) developed or acquired, pursuant to  
               current law, and the feasibility of including English  
               learner proficiency as part of the Academic  
               Performance Index.

          2)   Requires the SPI, with the approval of the SBE, to  
               include the results of the English language  
               development test(s) developed or acquired and English  
               language proficiency levels and growth of those levels  
               in the API.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, despite  
               great gains by English learners and their parents,  
               teachers, schools and districts toward English  
               language acquisition, the state's Public School  
               Accountability System lacks a mechanism for reporting  
               the progress captured by the California English  
               Language Development Test (CELDT) results. According  
               to the author, while the Standardized Testing and  
               Reporting (STAR) and the California High School Exit  
               Examination (CAHSEE) measure and report on what  
               English learners don't know, the CELDT provides  
               valuable information about what these students do  




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               know.  Inclusion of this data in the API will help  
               schools demonstrate how well they are instructing  
               English learner students and assist schools and  
               teachers to refine their instructional practices and  
               strategies for working with English learners. 

           2)   CELDT  . The California English Language Development  
               Test (CELDT) is the assessment developed for measuring  
               student's language acquisition and English language  
               proficiency pursuant to both state and federal law.   
               According to the CDE, the CELDT has three purposes.   
               It identifies students who are limited English  
               proficient, it determines the level of English  
               language proficiency for these students, and it  
               assesses the progress of these students in acquiring  
               the skills of listening, reading, speaking, and  
               writing in English.  The CELDT is required to be  
               administered within 30 calendar days after enrollment  
               in a California public school for the first time and  
               then annually until the identified English learner is  
               reclassified as fluent English proficient.  In  
               2008-09, 1.33 million English learner pupils were  
               administered the CELDT.  

           3)   Similar legislation  .   AB 492 (Brownley) and AB 1130  
               (Solorio), both scheduled for hearing today, also  
               propose changes to the API measure.  AB 492 requires  
               the existing advisory committee to the Superintendent  
               of Public Instruction (SPI) to make recommendations  
               for development of a longitudinally valid assessment  
               system in which annual academic growth can be measured  
               for a school and a pupil over time.  AB 1130 (Solorio)  
               requires the advisory committee to consider a measure  
               of annual academic achievement growth, and establishes  
               requirements to be met for the measure.  

           4)   Prior legislation  . AB 2776 (Mullin, 2008) among other  
               things, would have required the advisory committee to  
               make recommendations to the SPI regarding the  
               inclusion of the California English Language  
               Development Test (CELDT), and the feasibility of  
               including English learner proficiency in the API and  
               required the SPI to forward the recommendations, with  
               cost estimates and timelines, to the State Board for  
               approval. AB 2776 passed this committee by a vote of  
               9-0, but was subsequently held under submission in the  




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               Senate Appropriations Committee. 

           SUPPORT  

          Association of California School Administrators
          California Association for Bilingual Education
          Californians Together

           OPPOSITION

           None received.