BILL ANALYSIS �
AB 250
Page 1
Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 250 (Brownley) - As Amended: April 27, 2011
SUBJECT : Instructional materials: pupil assessment
SUMMARY : Establishes a structure for the implementation of the
common core state standards by developing and adopting
curriculum frameworks and professional development opportunities
that are aligned to the common core state standards. Makes
revisions to the instructional materials adoption process,
extends the operative date of the state's assessment system by
one year, and streamlines the assessment system so as to give
the state flexibility to adapt to changes in federal law and
transition to high-quality assessments that are aligned to the
common core state standards. Specifically, this bill :
1)Requires the State Board of Education (SBE) to adopt revised
curriculum frameworks and evaluation criteria that are aligned
to the common core academic content standards for mathematics
and language arts no later than May 30, 2013, and May 30,
2014, respectively.
2)Requires SBE policies to ensure that curriculum frameworks for
kindergarten and grades 1-12, inclusive (K-12), inclusive, and
instructional materials for kindergarten and grades 1-8,
inclusive (K-8), include strategies for addressing the needs
of English learners and students with disabilities, as
specified.
3)Specifies that curriculum frameworks shall focus on
integrating 21st century skills including critical thinking
and problem solving, communication, collaboration, creativity
and innovation skills into each and across each core content
area, as specified.
4)Authorizes school districts and the Superintendent of Public
Instruction (SPI), instead of the Curriculum Development and
Supplemental Materials Commission (Curriculum Commission), to
make recommendations for instructional materials to be adopted
by the SBE and requires:
a) Instructional materials recommended by the SPI or by a
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school district to meet existing required criteria, as
specified;
b) Recommendations submitted from the SPI and school
districts to include reports of findings that include
specified information; and,
c) The governing board of a school district choosing to
submit recommendations for instructional materials to
ensure that a majority of a review committee convened by a
school district for the purpose of making recommendations
be comprised of classroom teachers serving pupils in the
grade in which the instructional materials are to be used.
5)Requires the SBE to hold a public hearing before adopting
instructional materials for use in the elementary schools of
the state.
6)Repeals an obsolete instructional materials adoption timeline.
7)Expresses legislative intent to provide local educational
agencies a process that is consistent with the implementation
of standards-based curricula and the principle of local
control by which they may identify, evaluate, and recommend
instructional materials for adoption to the SBE, and
consistent with existing categorical flexibility timeliness,
ensure that school districts are provided with as many high
quality standards-aligned instructional material options as
possible that meet the needs of all pupils, including English
(ELs) learners and pupils with disabilities.
8)Expresses legislative intent to direct the SPI, in
consultation with teachers and county offices of education to
develop professional development modules and provide
opportunities for the professional development of teachers,
principals and other school leaders that support
implementation of the common core state standards.
9)Amends the dates on which the state testing program becomes
inoperative and is repealed in order to extend state testing
by one additional year through 2013-14, and makes conforming
changes.
10)Defines "formative assessment," "high-quality assessment,"
and "interim assessment" for the purposes of state law.
11)Requires the SPI to develop and submit recommendations to the
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appropriate fiscal and policy committees of the Legislature on
or before November 1, 2012, for the reauthorization of the
statewide pupil assessment program. Requires those
recommendations to include a plan for transitioning to a
system of high-quality assessments that includes various
specified elements, including alignment to the common core
state standards.
12)Requires the SPI, in developing the recommendations pursuant
to #11 to consult with all of the following: the SBE, the
existing committee advising the Superintendent on the Academic
Performance Index (API), existing measurement experts from
California's public and private universities, individuals with
expertise in assessing pupils with disabilities and English
learners, teachers, administrators, and governing board
members, from California's local educational agencies, and
parents.
13)Eliminates testing under the Standardized Testing and
Reporting (STAR) Program in grade 2 and various end-of-course
assessments in specified subjects.
14)Authorizes the California Department of Education (CDE) to
make the standards- aligned primary language assessment
available to school districts to assess non-English learners
and redesignated fluent-English proficient (RFEP) pupils
enrolled in dual immersion programs that include the primary
language of the assessment, and specifies that a school
districts that chooses to administer a primary language test
as authorized in this bill, shall do so at its own expense.
15)Makes several findings and declarations including the intent
of the Legislature to ensure that pupils are provided with
resources and learning expectations necessary to succeed and
be competitive in the 21st century, and the need to ensure the
state's curriculum and assessment system is based on
high-quality, research- and evidence-based academic content
standards and promote creativity, innovation, critical
thinking, problem solving, collaboration, and communication
skills in all content areas.
EXISTING LAW :
1)Establishes the Academic Content Standards Commission
(Standards Commission), as specified, to develop academic
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content standards in language arts and mathematics and present
recommended academic content standards to the SBE by July 15,
2010.
2)Requires that at least 85% of these standards be the common
core academic standards developed by the Common Core State
Standards Initiative consortium sponsored by the National
Governors Association (NGA) and the Council of Chief State
School Officers (CCSSO) or any associated or related
interstate collaboration to jointly develop common
high-quality standards or assessments aligned with the common
set of standards, and requires the SBE to adopt or reject the
recommended standards by August 2, 2010.
3)Requires the SPI and the SBE to present to the Governor and to
the appropriate policy and fiscal committees of the
Legislature a schedule and implementation plan for integrating
the revised language arts and math adopted academic content
standards into the state educational system.
4)Requires the SBE to adopt basic instructional materials for
use in kindergarten and grades one to eight, inclusive, (K-8)
and requires the state board to ensure that the instructional
materials it adopts meet specified criteria, and requires
those criteria to be approved by resolution at the time the
resolution adopting the framework for the current adoption is
approved, or at least 30 months before the date that the
materials are to be approved for adoption.
5)Requires the Curriculum Commission to perform several duties
including studying and evaluating instructional materials and
recommending to the SBE instructional materials which it
approves for adoption.
6)Provides that instructional materials may be submitted for
adoption not less than two times every six years in the
following subjects: language arts, mathematics, science,
social science, bilingual or bicultural subjects, and not less
than two times every eight years in any other subject for
which the SBE determines the adoption of instructional
materials to be necessary or desirable.
7)Provides that upon making an adoption of basic instructional
materials, the SBE is required to make available to listed
publishers and manufacturers and all school interests, a list
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of those instructional materials by subject and grade level.
8)Establishes a timeline for submitting the specified
instructional materials to the SBE for adoption as follows:
a) English language arts in 2008;
b) Foreign languages in 2012; and,
c) Health in 2013.
9)Prohibits the SBE from adopting instructional materials or
follow the procedures for the adoption of instructional
materials until the 2015-16 school year.
10)Requires the SPI to design and implement a statewide pupil
assessment program, and requires school districts, charter
schools, and county offices of education to administer to each
of its pupils in grades 2 to 11, inclusive, certain
achievement tests, including a standards-based achievement
test pursuant to the Standardized Testing and Reporting (STAR)
Program until July 1, 2013.
11)Requires, a pupil of limited English proficiency, who is
enrolled in grades 2 to 11, inclusive, to take a test in his
or her primary language if a test is available, and if fewer
than 12 months have elapsed after his or her initial
enrollment in any public or nonpublic school in the state or
if the pupil receives instruction in his or her primary
language.
FISCAL EFFECT : Unknown
COMMENTS : In January 2010, the Legislature approved and the
Governor signed SB 1 X5 (Steinberg), Chapter 2, Statutes of
2009-10, Fifth Extraordinary Session which- amongst its many
provisions- created the Standards Commission to develop and
recommend academic content standards in language arts and
mathematics with at least 85% of these standards consisting of
the common core state standards for each subject. The SBE
adopted the common core state standards in language arts and
mathematics on August 2, 2010.
This measure establishes a structure for the implementation of
the common core academic content standards by developing and
adopting curriculum frameworks, and professional development
opportunities that are aligned to the common core academic
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content standards and are appropriate for all pupils. This bill
also makes changes to the instructional materials adoption
process to streamline the process and give school districts the
opportunity to participate in the review of instructional
materials. Lastly, this bill extends the operative date of the
state's assessment system by one year and streamlines the
assessment system by eliminating grade two tests and several
end-of-course exams to allow the Legislature to examine federal
assessment initiatives and position California's assessment
system in a manner that will allow the state to adapt to any
potential changes in federal law. Streamlining the assessment
system will generate savings that may be used for the
implementation of the common core state standards.
Background on the common core state standards : In 2009, the
Council of Chief State School Officers (CCSSO) and the National
Governors Association Center for Best Practices (NGA) committed
to developing a set of clear and consistent standards that would
help prepare students for success in college and careers. The
first step in this process was the development of the College
and Career Readiness (CCR) standards, which later became the
foundation for the Common Core State Standards (CCSS). The
Common Core State Standards Initiative is a voluntary, state-led
effort coordinated by the CCSSO and NGA. The CCSS were
developed for English-language arts and mathematics, in K-12.
The common core state standards adopted by the SBE include the
CCSS and an additional 15% of California specific content
standards. These standards are internationally benchmarked,
research-based, and designed to prepare pupils for success in
college and the workforce to ensure they are able to compete
with students around the globe.
Curriculum frameworks : Curriculum frameworks provide a
blueprint for curriculum and instruction by describing the scope
and sequence of the knowledge and skills all students need to
master in a specific subject area, and the evaluation criteria
found within the framework provides guidance to publishers in
the development of instructional materials. The framework and
criteria are used to evaluate K-8 instructional materials that
are submitted for state adoption and the curriculum frameworks
also provide guidance to teachers in the delivery of the
curriculum.
AB 2 X4 Chapter 2, Statutes of 2009-10, Fourth Extraordinary
Session, and SB 70 Chapter 7, Statutes of 2011, suspends the
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requirement for the SBE to adopt instructional materials for use
in K-8 through the 2015-16 fiscal year, and relieves local
educational agencies (LEAs) from the requirement to purchase
newly adopted instructional materials within a specified
timeframe following adoption of those materials until the
2015-16 fiscal year. The process for adopting curriculum
frameworks and instructional materials has been suspended for
the next five years, however the state has adopted new content
standards in language arts and math and the curriculum and
instruction system is not aligned to those standards. In an
effort to take a first step in the implementation of the common
core state standards, this bill requires the SBE to adopt
revised curriculum frameworks and evaluation criteria that are
aligned to the common core academic content standards for
mathematics and language arts no later than May 30, 2013, and
May 30, 2014, respectively. Because the budget flexibility has
delayed adoption of instructional materials, curriculum
frameworks can be a valuable tool even without an immediate
subsequent instructional materials adoption, as the framework,
itself, provides updated guidance for teachers to deliver
instruction in the new content standards. This bill
additionally expresses legislative intent to provide pupils with
instructional materials that are aligned to the common core
state standards consistent with the aforementioned budget
flexibility timelines.
This bill provides for the inclusion of English language
development (ELD) and teaching strategies for addressing the
needs of ELs and students with disabilities in all future
curriculum frameworks and instructional materials in math,
English language arts, history social science and science.
Arguments have been made that existing curricular tools are not
sufficient or are inadequate in promoting the academic success
of ELs and that this population of students needs more explicit
support to address the academic deficits that often emerge as
result of their language barriers. Similarly, it has been
argued that not enough curricular tools are available for
educators to meet the needs of students with disabilities. The
adoption of the common core state standards represents an
opportunity to assess the existing deficiencies in the
curriculum. In developing new curriculum, the opportunity
exists to address the needs California's diverse student
population.
Furthermore, the existing curriculum and instruction system has
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also been criticized for its heavy emphasis on reading language
arts and math, which has led to a narrowing of the curriculum in
other subject areas. This bill seeks to provide for the
inclusion of 21st Century skills such as creativity, innovation,
critical thinking, problem solving, collaboration, and
communication within curriculum frameworks in all content areas.
According to a survey conducted by the American Management
Association (AMA), "Executives say they need a workforce fully
equipped with skills beyond the basics of reading, writing and
arithmetic in order to grow their businesses. Skills such as
critical thinking, communication, collaboration, and creativity
will become even more important to organizations in the future."
The K-8 instructional materials adoption process has been
criticized in the past for being overly complex and not giving
school districts enough flexibility and options for
instructional materials. This bill seeks to remove the
Curriculum Commission from the instructional materials adoption
process, and instead allow the SPI and/or school districts to
submit recommendations to the SBE for the adoption of
instructional materials. The Curriculum Commission will
continue to exist but will be primarily responsible for
developing and revising curriculum frameworks and criteria.
This bill removes one layer of the complex adoption process and
allows for more district participation in the process. The
Legislative Analyst's Office notes in a 2007 report that
removing the Curriculum Commission from the process "would
constrain the state-level tendencies to override the evaluation
decision of teachers and other experts. In so doing, it likely
would increase the number of district options and reduce
instructional materials costs." This bill will give school
districts the opportunity to participate in the process of
reviewing and adopting instructional materials and in turn would
provide more flexibility and options for school districts. This
bill moves away from the existing system which provides school
districts limited options to choose from and instead allows
districts to participate early in the process and to have
influence relative to the SBE adopted instructional materials.
The intent of this provision is to provide for a process that is
similar to the process used in the adoption of high school
instructional materials, whereby local school districts review
and adopt their own materials. However because the California
Constitution requires the SBE to adopt instructional materials
for use in K-8, this bill maintains the authority for the SBE to
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approve or reject instructional materials submitted by school
districts. The bill requires the instructional materials to
meet the SBE required criteria however a question may be raised
as to whether the bill should provide specificity on how the SBE
will ensure that the instructional materials submitted by school
districts are aligned to the standards and meet the evaluation
criteria. The author may wish to consider addressing this
question as the bill moves forward.
This bill also gives the SPI a role in the review and adoption
of instructional materials by authorizing the SPI to submit
recommendations for instructional materials to the SBE for
adoption. The SPI would conduct the reviews according to
current regulations, which involve a public and open process.
Together the SPI and school districts would have the opportunity
to make recommendations that would in turn potentially result in
a comprehensive list of state-adopted instructional materials
that gives several program options for school districts to
choose from.
After textbooks are adopted by the SBE, school districts have to
conduct their own evaluation of instructional materials and to
select the materials that best meet the needs of their students.
Districts are given virtually no information to compare the
state-adopted materials when they conduct their own reviews.
This results in school districts spending additional time and
resources to duplicate, in many instances, the efforts of
experts who have already reviewed materials at the state level.
Additionally, to address the lack of information, this bill
requires a report of findings from school districts or the SPI
along with specified information be made available to districts
and posted on CDE's Internet Web site.
Professional development : This bill expresses legislative
intent to direct the SPI, in consultation with teachers and
county offices of education to develop professional development
modules and provide opportunities for the professional
development of teachers, principals and other school leaders
that support implementation of the common core state standards.
California's newly adopted common core state standards will
require some form of professional development and or training
for the teacher workforce, as the new standards involve new
content and require that teachers teach with a depth of
understanding for key concepts. Teachers have focused on
instructional strategies designed to assist students acquire the
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knowledge outlined through California's existing content
standards, however the common core state standards include
content of a deeper and more comprehensive nature that involve
problem solving, critical thinking, and in-depth conceptual
understanding of core content ideas. Even though the common
core state standards have been adopted, there has been little
information and guidance given to the field on implementing
these standards. Thus, supporting teachers in the transition to
the common core state standards is an important element in the
implementation of these standards.
While this bill expresses intent to provide professional
development, the bill lacks specificity on how the professional
development will be delivered. The author has pointed out that
this particular part of the bill will be further developed as
the bill moves forward.
Assessment : California's state assessment program is comprised
of three major testing components, the STAR Program, the
California English Language Development Test, and a high school
exit examination; the program also includes a number of smaller,
more specialized assessments. The STAR Program, initially
authorized in 1997, requires testing of students in English
language arts, mathematics, science and history/social science
at specified grade levels. In 2003, the California Standards
Tests (CST) replaced a nationally published "off the shelf" test
as the primary battery of STAR tests; the CST include only
multiple choice questions written specifically for California's
content standards. Today, the STAR Program includes the CSTs,
the California Alternate Performance Assessment (CAPA)
administered to students with significant cognitive
disabilities, the California Modified Assessment (CMA)
administered to students whose disabilities preclude them from
achieving grade-level proficiency on an assessment of the
California content standards with or without testing
accommodations, and a national norm-referenced test in Spanish
that is administered to Spanish speaking English learners who
have been in school in the U.S. less than 12 months or who are
receiving instruction in Spanish.
In an effort to prepare California's assessment system for
potential changes in federal law, this bill extends the
operative date of the state's assessment system by one year
through 2013-14. This additional year will give the Legislature
the opportunity to examine national common assessment
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initiatives and will give the state flexibility to adapt to
potential changes through the reauthorization of the Elementary
and Secondary Education Act (ESEA) before considering proposals
for the reauthorization of the state pupil assessment system.
In an effort to generate savings, this bill eliminates
assessments that are not required by federal law such as
assessments in the 2nd grade; the grade 9 English language arts
California Standards Test (CST), the California Modified
Assessment (CMA), and the California Alternate Performance
Assessment (CAPA); and the following end-of-course exams:
integrated math 1, 2 and 3, and integrated coordinated science
1-4, inclusive. The end-of-course exams eliminated by this bill
are not required by federal law and according to CDE they have
very low demand and eliminating them can generate costs savings.
According to a preliminary and unofficial estimate by CDE, the
elimination of all the aforementioned assessments could save the
state between $4 and $6 million in federal Title VI funds.
Many elements of the STAR Program are used by California to meet
the assessment and accountability requirements of the federal No
Child Left Behind Act of 2001 (NCLB). NCLB requires each state
to administer a standards-aligned achievement test in reading
and mathematics to all students in grades 3-8 and grade 10; it
also requires science testing in grades 5, 8, and 10. Testing
of grade 2 students is not necessary to meet any of these
federal requirements. Supporters of eliminating grade 2 testing
in California argue that the loss of instructional time to
testing and the resulting narrowing of the curriculum are
particularly damaging in the early grades. Educators also
question the developmental appropriateness and psychometric
validity of testing in the early grades. Opponents of
eliminating grade 2 STAR testing would argue that providing
information to parents and teachers early in a student's
educational career is important for making adjustments to that
student's instruction. However, to the extent that the validity
of the scores and information produced by the tests administered
to grade 2 pupils can be questioned, the validity of the
educational decisions made using that information also comes
into question.
This bill additionally requires the SPI to make recommendations
to the Legislature for a future reauthorization of the statewide
pupil assessment program, including a plan for transitioning to
a system of high-quality assessments that are aligned to the
common core state standards.
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This Committee held an informational hearing on March 9, 2011 on
implementation of the common core state standards, and some of
the suggestions made during the testimony are reflected in this
bill. The testimony from educators included suggestions to
streamline the assessment system in order to generate savings,
and to emphasize professional development.
Standards-based test in Spanish : The CDE began the development
of the Standards-based Tests in Spanish (STS) in
reading/language arts and mathematics in 2006 and started
administering the STS in 2007 in grades 2-4, inclusive. In 2008
the STS was administered in grades 2-7, inclusive and beginning
in 2009, the STS were administered in grades 2-11, inclusive.
Additionally, algebra 1 and geometry end-of-course exams are
also available in Spanish. The STS is currently administered to
ELs who either receive instruction in their primary language or
have been enrolled in a school in the United States for less
than 12 months and these tests are administered in addition to
the English CST in reading/language arts and mathematics.
Currently, school districts that operate Spanish/English dual
immersion programs are not authorized to administer the STS to
native English speakers nor to RFEP pupils enrolled in these
programs, essentially because the intent of developing these
tests was to provide English learners a means of demonstrating
mastery of the standards in their primary language. This bill
seeks to authorize school districts to assess the proficiency in
the acquired language of non-English learner students and RFEPs
enrolled in dual immersion programs. Districts that choose to
administer the STS to native English speakers would be
responsible for the costs of the test.
Dual language education programs integrate native English
speakers and native speakers of the target language to provide
instruction presented through two languages. According to the
CDE, in 2008-09, there were 203 dual immersion programs in the
state that include Spanish.
Arguments in support : The Californians Together Coalition
writes, " . . as a result of the emphasis on 'high stakes'
testing nationally and in California, we have seen a curriculum
that is a 'one size fits all' approach, textbooks that do not
meet the needs of English learners with little or no English
proficiency, assessments that do not provide accurate nor
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reliable data as to the academic abilities of English learners
and professional development that is centered around textbooks
and not on the curriculum. Therefore we view AB 250 as a
rational and comprehensive first step: 1) in developing a
process for the development and adoption of the curriculum
frameworks and instructional materials that are aligned to the
state's recently adopted common core academic content standards,
2) in creating professional development aligned to the state's
common core academic standards and 3) extend the operative date
of the state's assessment system by one year for the purpose of
adapting the new assessment system to changes in federal law
that are forthcoming."
The 21st Century Coalition for California writes, "AB 250
addresses California's high dropout rates and wide achievement
gaps that cite the need to meet the specific learning needs of
African-American and Latino students, English Learners,
particularly Long-Term English Learners, students with
disabilities, and students of low-socioeconomic levels without
sacrificing access to a broad educational program that
strengthens academic language and literacy across the content
areas."
Related legislation : AB 409 (Alejo) authorizes the
administration of a primary language assessment to
nonlimited-English proficient pupils enrolled in dual immersion
programs. AB 409 is pending in this Committee and is scheduled
to be heard on May 4, 2011.
AB 1033 (Feuer) establishes a process for the review of the
academic content standards including the common core state
standards, as specified. AB 1033 is pending in the Senate
Appropriations Committee.
SB 140 (Lowenthal) requires the CDE to develop a list, by July
1, 2012, of supplemental instructional materials that are
aligned with the common core academic standards in English
language arts and mathematics, and requires the supplemental
instructional materials to provide a bridge between the common
core state standards and the standards-aligned instructional
materials currently being used in schools. SB 140 is pending in
the Senate Appropriations Committee.
Previous legislation : SB 1 5X (Steinberg) Chapter 2, Statutes
of 2009-10, Fifth Extraordinary Session, proposes comprehensive
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changes to the Education Code (EC) consistent with the federal
RTTT program, and addresses the four RTTT policy reform areas of
standards and assessments, data systems to support instruction,
great teachers and leaders and turning around the
lowest-achieving schools. Establishes the Standards Commission
to develop academic content standards in RLA and mathematics and
present recommended academic content standards to the SBE by
July 15, 2010 and requires the SBE to adopt or reject the
recommended standards by August 2, 2010.
AB 2095 (Brownley) of 2010 requires State Board of Education
(SBE) policies relative to the adoption of curriculum framework
and instructional materials to provide for the inclusion of the
English language development (ELD) standards and strategies as
well as strategies for addressing the needs of pupils with
disabilities in the four core subjects of mathematics, English
language arts, science and history social science, as specified.
AB 2095 was held in the Assembly Appropriations Committee
suspense file.
AB 314 (Brownley) of 2009 makes various changes to the state
instructional materials adoption process, and provides
flexibility to districts in the purchase of instructional
materials. AB 314 was held in the Senate Appropriations
Committee at the request of the author.
REGISTERED SUPPORT / OPPOSITION :
Support
State Superintendent of Public Instruction (Sponsor)
21st Century Coalition for California
Alameda County Superintendent of Schools
California Association for Bilingual Education
Californians Together Coalition
Educating for Democracy California Campaign for the Civic
Mission of Schools
El Segundo Unified School District
North Orange County Community College District
Parents for Great Education
San Bernardino County District Advocates for Better Schools
Santa Clara County Office of Education
Several individuals
Opposition
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None on file.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087