BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           521 (Romero)
          
          Hearing Date:  05/11/2009           Amended: 04/20/2009
          Consultant:  Dan Troy           Policy Vote: ED 7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 521 would require that the California English  
          Language Development Test be administered at least 65 percent of  
          the way into the school year and that a pupil's scores be  
          reported to his or her parent in their home language.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Standard setting       $525                             General

          Test development       $1,100                           General

          Programming            $500                             General

          2nd exam                          $5,600      $5,600    General

          Reporting                         $3,500      $3,500    General

          Staffing                          $65         $65       General
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Under current law, a pupil whose primary language is not English  
          must have their English language development assessed within 30  
          days of enrolling in a California public school and annually  
          thereafter until the pupil is redesignated as fluent English  
          proficient.  The assessment tool used by the state is the  
          California English Language Development Test (CELDT).   
          Currently, authority for setting the annual timeframe for  
          administration of the CELDT is determined by the Superintendent  
          of Public Instruction (SPI) and the State Board of Education  
          (SBE).  The SPI and SBE have established the testing window as  
          beginning on July 1 and ending on October 31.  Budgeted 2009-10  










          costs related to the CELDT is over $21.9 million, of which $11.4  
          million is General Fund and the remaining $10.5 million is  
          funded with federal resources.  In the 2007-08 fiscal year,  
          there were approximately 1.7 million test takers, of which 1.3  
          million were tested as part of the annual assessment.

          The bill's sponsors suggest that a later test administration  
          would allow for better placement and instructional decisions to  
          be made at the start of the subsequent school year.  Currently,  
          results are often reported in February, which is late in the  
          year to adjust the instructional approach. The author's office  
          also suggests that English learners would perform better on the  
          CELDT if it were administered later in the year, because the  
          content of the test would be fresher in the test taker's mind  
          (as opposed to an early administration where, summer  
          intersession intervenes).  This would possibly result in 
          Page 2
          SB 521 (Romero)

          more students being reclassified as fluent  English proficient.   
          The Department of Education (CDE) believes this result is not  
          likely because a later administration would result in rescaling  
          the cut scores to reflect the increased age of the student.   
          Also, CDE notes that reclassification is only partly determined  
          by the CELDT.  Districts have discretion to use local standards  
          for redesignation and notes that there were 38,000 test takers  
          in the Los Angeles Unified School District in 2007-08 that met  
          CELDT standards for redesignation but are still not classified  
          as fluent English proficient.   Presumably, they were not  
          redesignated due to local standards.  

          The bill's requirement to move the testing window to at least 65  
          percent of the way into the school year would result in one-time  
          costs for standard setting (essentially, this means adjusting  
          "cut scores" to account for the increased age of test takers) of  
          $525,000.  The bill would also likely result in significant  
          ongoing costs, as moving the test window deeper into the school  
          year would result in the need to develop and administer a second  
          test to avoid circumstances in which pupils would take the same  
          test twice (pupils new to the district would take the exam in  
          the beginning of the year as a new enrollee and then again later  
          in the year as part of the annual administration).  One-time  
          costs for the development of a second exam are estimated at $1.1  
          million, with total ongoing costs of $5.6 million.  Further, the  
          bill's requirement to report results of the CELDT to parents in  
          their "home" language, combined with the need to report on two  










          exams annually instead of one, would cost up to $3,500,000 per  
          year, though this figure would depend on the level of detail  
          required.  Additionally, one-time costs of $500,000 would be  
          incurred for one-time for programming changes and the Department  
          of Education would need one half of a position and $65,000, at a  
          minimum, for translation and item development.