BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1435|
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                                 THIRD READING


          Bill No:  AB 1435
          Author:   V. Manuel Perez (D), et al
          Amended:  4/29/09 in Assembly
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  : 8-0, 07/15/09
          AYES: Romero, Huff, Alquist, Hancock, Liu, Padilla,  
            Simitian, Wyland
          NO VOTE RECORDED: Maldonado

           SENATE APPROPRIATIONS COMMITTEE  :  13-0, 8/27/09
          AYES:  Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,  
            Price, Runner, Walters, Wolk, Wyland, Yee

           ASSEMBLY FLOOR  :  79-0, 6/1/09 - See last page for vote


           SUBJECT  :    Public school accountability

           SOURCE  :     Association of California School Administrators


           DIGEST :    This bill requires the advisory committee,  
          advising the Superintendent of Public Instruction (SPI) on  
          matters related to the Academic Performance Index (API), to  
          make recommendations to the SPI by July 1, 2010, regarding  
          the inclusion of English language development test results  
          and English learner (EL) proficiency as part of the API;  
          also requires the SPI, with the approval of the State Board  
          of Education, to include these test results and EL  
          proficiency levels and growth in the API.

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           ANALYSIS  :    

           Existing law
           
          1. Requires the SPI, with the approval of the State Board  
             of Education (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.

          2. Requires the SPI to establish an advisory committee to  
             provide advice on all appropriate matters relative to  
             the creation of the API, and 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.

          3. Establishes the Standardized Testing and Reporting  
             (STAR) Program to test academic skills in grades 2-11,  
             and to report individual and aggregate results.

          4. Requires, under both state and federal law, that school  
             districts administer a test of English language  
             proficiency, adopted for the state, to each newly  
             enrolled student in the state's public schools, if the  
             primary language of those students is other than  
             English; also requires an annual re-administration of  
             that test to all EL students; also establishes the  
             English language development test to assess English  
             language proficiency by testing listening and speaking  
             for EL students in grades K-1, and listening, speaking,  
             reading and writing for EL students in grades 2-12; the  
             California English Language Development Test (CELDT) is  
             the test adopted to meet the state and federal  
             requirements specified above.

           Background
           
          The SPI established, pursuant to SB 1 X1 (Alpert), Chapter  
          3, Statutes of 1999-2000 First Extraordinary Session, an  







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          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 to include a variety of indicators in that  
          measure, including, but not limited to, achievement test  
          results, attendance rates, and graduation rates.  Currently  
          only achievement test results are incorporated into the  
          API, and the API is configured to produce scores measuring  
          a school's static performance at each grade level, in each  
          content area, in each year, at one point in time.  In  
          addition, the SPI produces a comparison of static (API)  
          performance from one year to the next.

          According to the author, "AB 1435 would create a process  
          and mechanism by which to include the CELDT result in the  
          API; providing English learners and their parents,  
          teachers, schools and school districts a real opportunity  
          to demonstrate achievements in English language acquisition  
          and proficiency."  The CDE reports that nearly 25 percent  
          or 1.6 million of the state's public school pupils in  
          grades K-12 are EL students.

          Current law requires schools to assess the English  
          proficiency of all pupils whose primary language is not  
          English.  The CELDT is the required state test for English  
          language proficiency; the CELDT must be administered to  
          pupils whose primary language is not English.  The CELDT is  
          used for three purposes:  (1) to identify new students who  
          are English learners in kindergarten through grade twelve;  
          (2) to determine the level of English-language proficiency;  
          and (3) to annually assess EL students' progress in  
          learning English until they are reclassified.  English  
          learners in grades 2-12 are administered the CELDT in the  
          four domains of speaking, listening, reading and writing.   
          English learners in grades K - 1 are currently assessed in  
          English listening and speaking; there are plans to also  
          assess early literacy skills in the near future.

          SB 1 X1 (Alpert), Chapter 3, Statutes of 1999-2000 First  
          Extraordinary Session, established the states  
          accountability system by mandating that the SPI, with the  
          approval of the SBE "develop an Academic Performance Index,  
          to be used to measure performance of schools?"  According  







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          to the author, "our public schools are working hard to  
          ensure that our 1.5 million English learners statewide  
          receive the appropriate assessments, tools, resources and  
          services to achieve English language proficiency; thereby  
          allowing them to participate fully in the American Dream of  
          economic and social advancement."  To the extent that  
          public schools are working to provide English language  
          skills to EL students and this work fits into the purpose  
          of a public school in California, then the performance of  
          those schools, as reflected in the API, should in part be  
          measured by how well those English skills are acquired.   
          English language acquisition in California is measured by  
          the CELDT.

          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, will 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.  AB 2167 (Arambula), Chapter 743,  
          Statutes of 2006, established a specific methodology for  
          including graduation rates, as previously required, in the  
          API; also required the SPI to report annually to the  
          Legislature on graduation and dropout rates in the state.   
          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.  AB 748  
          (Escutia), Chapter 936, Statutes of 1997, required the SPI  
          to develop an English language development test by January  
          1, 1999.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    







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          Local:  No

          According to the Assembly Appropriations Committee, General  
          Fund Proposition 98 costs of approximately $200,000 to the  
          California Department of Education (CDE) to include the  
          CELDT results in the API.

           SUPPORT  :   (Verified  9/1/09) (per Senate Education  
          Committee analysis)

          Association of California School Administrators (source)
          Californians Together


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,  
            Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.  
            Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, Bass
          NO VOTE RECORDED:  Block


          DLW:do  9/1/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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