BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           930 (Ducheny)
          
          Hearing Date:  05/27/2010           Amended: 05/11/2010
          Consultant:  Dan Troy           Policy Vote: ED 6-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 930 would amend provisions of the K-12  
          accountability system as they apply to limited English  
          proficient students (LEPs).  Specifically, this bill would  
          expand the number of LEPs who are required to be tested on their  
          knowledge of the state standards in their primary language to  
          those who have been enrolled in schools in the United States for  
          less than three years rather than the existing 12 month period.  
          The bill would also require these primary language tests to be  
          used for purposes of the Academic Performance Index (API) and to  
          measure Adequate Yearly Progress (AYP) pursuant to the federal  
          No Child Left Behind program, or to any successor systems. The  
          bill would further require successor assessment and  
          accountability systems, after July 1, 2013, to include specified  
          accommodations for LEPs.  
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           STS extension          $1,160     $960        $960      General*

          Modifications                     $135                   
          General**

          AYP                               $1,000 to $2,000       
          General**

          CELDT reporting        $120       $120        $120      General

          Dual immersion testing $850                             General

          *Counts toward meeting the Proposition 98 minimum funding  
          guarantee
          **Some costs may potentially be funded with federal funds
          _________________________________________________________________ 
          ____











          STAFF COMMENTS: SUSPENSE FILE. 
          
          Current law establishes the Standardized Testing and Reporting  
          program (STAR) to assess how well the state's K-12 pupils are  
          acquiring knowledge of the adopted state content standards.   
          Current law authorizes the STAR until July 1, 2013, and  
          expresses the intent that reauthorization of the statewide pupil  
          assessment system include specified elements, including a plan  
          for transitioning to a system of high-quality assessments.   
          Current law also establishes the California English Language  
          Development Test (CELDT) for the purposes of assessing the  
          secondary language proficiency of English language learners.  

          While the STAR is comprised of multiple tests, the primary  
          assessment used is the California Standards Tests (CSTs).   
          Current law also requires Spanish-speaking LEPs who receive  
          instruction in their primary language or who have been enrolled  
          in public 
          Page 2
          SB 930 (Ducheny)

          school in the United States for less than 12 months to take  
          standards-based tests in their primary language.  To meet this  
          requirement, the Department of Education has developed the  
          Standards-based Tests in Spanish (STS).  Students who take the  
          STS also take the English language CST.  

          The bill's intent is expand the number of years in which LEPs  
          have their knowledge of the state's content standards tested in  
          their primary language and to provide that any successor  
          assessment system adopted on or before July 1, 2013, would  
          include various accommodations for English language learners,  
          such as a word-to-word glossary (without definitions), the  
          repetition of directions at pupil request, and translation of  
          the test directions.  The bill would also require the  
          Superintendent of Public Instruction to establish an advisory  
          committee to make recommendations to implement these  
          accommodations and to include the primary language assessments  
          into the assessment systems.  The bill would also require the  
          inclusion CELDT scores in the aggregate STAR reports provided to  
          districts.  Further, the bill would allow dual immersion  
          programs to administer the STS to assess nonlimited English  
          proficient students at the district's expense. 

          According to the author, these changes would allow the STAR and  
          any successor system to better reflect the pupil's knowledge of  










          the content standards.  

          This bill would drive new costs, some one-time and some ongoing.  
           This bill would result in administering the STS to  
          approximately 80,000 more pupils at an ongoing cost of $960,000  
          for district administration, printing, and distribution and  
          one-time costs of $200,000 to establish new cut scores.   
          Utilizing the STS for federal AYP purposes would require an  
          alignment study to demonstrate the comparability of the primary  
          language exam to the English language version.  This cost would  
          be in the range of $1 million to $2 million (one-time, unless  
          the tests are modified).  Including the CELDT results in the  
          STAR reports would cost $120,000, annually.  The costs for the  
          various modifications specified in the bill would be  
          approximately $135,000.  Further, while districts offering dual  
          immersion programs could administer the STS to nonlimited  
          English proficient students at their own expense, the Department  
          of Education notes that this would require a change to their  
          ordering management systems at a cost of $850,000.  Staff notes  
          that some of these costs may potentially be covered by federal  
          funds.