BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 532
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          ASSEMBLY THIRD READING
          AB 532 (V. Manuel Pérez)
          As Amended  May 27, 2011
          Majority vote 

           EDUCATION           7-3         APPROPRIATIONS      12-5        
           
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          |Ayes:|Brownley, Ammiano,        |Ayes:|Fuentes, Blumenfield,     |
          |     |Buchanan, Bonilla,        |     |Bradford, Charles         |
          |     |Carter, Eng, Williams     |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Norby, Hagman, Halderman  |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Modifies California's public school assessment and 
          accountability system with respect to English Learner (EL) 
          pupils, commencing July 1, 2012.  Specifically,  this bill  
          requires:   

          1)Any primary language assessment developed and administered 
            pursuant to current law, and the results of that assessment, 
            to be included in the state assessment system, the federal and 
            state accountability system, and any successor assessment or 
            accountability systems, for all limited English proficient 
            (LEP) students who receive instruction in their primary 
            language, or have been enrolled in U.S. schools for less than 
            12 months.

          2)The Superintendent of Public Instruction (SPI), if California 
            joins a national testing consortium as a governing state, to 
            recommend to the consortium that a state assessment system 
            include modifications to eliminate linguistic complexity, to 
            the extent practicable.

          3)Any advisory committee, work group, task force or technical 
            assistance group required by the Legislature or Governor, or 
            established by the SPI for the purposes of providing 
            recommendations on future state assessment, or state or 
            federal accountability systems, to determine how to accomplish 








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            specified tasks related to 1) and 2) above, as well as to 
            reporting and disaggregating comprehensive EL data.  Also 
            specifies that any group specified above includes persons with 
            demonstrated expertise in assessment of or research on EL 
            pupils.

          4)California's state assessments to be valid, reliable, and 
            comparable for LEP students and students with disabilities, 
            and that accommodations for those students be provided 
            pursuant to the core state assurances provided by the state 
            under the American Recovery and Reinvestment Act of 2009.

          5)The state's primary language assessments meet the technical 
            requirements, with respect to validity, reliability and 
            comparability, in the standards jointly developed by the 
            American Psychological Association, American Educational 
            Research Association, and National Council on Measurement in 
            Education; also requires the test development contractor to 
            report to the SBE in writing as to how those technical 
            requirements are met.

           EXISTING LAW  requires, under the federal No Child Left Behind 
          Act and state law, the implementation of a statewide 
          accountability system based on state standards in reading and 
          mathematics, annual testing for all students in specified 
          grades, including primary language content tests as specified, 
          and annual statewide progress objectives and measures.

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee, General Fund, Proposition 98 administrative cost 
          pressure, likely between $200,000 and $500,000 to the California 
          Department of Education (CDE) to modify state and federal 
          accountability systems, as specified.

           COMMENTS  :   California's state assessment program is comprised 
          of three major testing components, including the STAR Program, 
          which requires the English language California Standards Tests 
          (CST) in English language arts, mathematics, science and 
          history/social science at specified grade levels, and includes 
          the Standards-based Tests in Spanish (STS).  The STS are Spanish 
          language tests in reading-language arts and mathematics that are 
          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.  Results for STAR tests are reported for 








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          the individual pupil, but no accountability attaches to these 
          individual results; metrics used in the state and federal 
          accountability systems are primarily based on the aggregated 
          STAR test scores from all pupils in a school or school district. 
           For example, the results of the English language content 
          achievement tests are incorporated into the Academic Performance 
          Index (API) to measure the overall performance of schools and 
          school districts; no other information, including STS results, 
          is included in the API.

          The primary result of this bill is to mediate the invalid 
          practice of making decisions, where educational stakes for a 
          pupil, school or district are involved, on the sole basis of 
          content tests that are administered to pupils who do not fully 
          understand the language in which the test is written.  Even 
          though the STAR CSTs are meant to be pure content (e.g., 
          mathematics, science, history social studies) tests and the 
          scores are intended to reflect the pupil's understanding of that 
          content, for pupils with limited English language skills the 
          CSTs measure something more than  the pupil's abilities in those 
          content areas; clearly an EL pupil's test scores would reflect 
          both the pupil's understanding of those content areas, and the 
          pupil's ability to read and understand the language in which the 
          test and test directions were written.  Thus decisions, 
          including those concerning instruction, retention, promotion or 
          graduation, made about that pupil, using judgments about the 
          pupil's knowledge and ability in that content area derived from 
          a content test written in a language in which the pupil has 
          limited fluency, may very well be flawed.  This problem follows 
          the pupil's test score as it is aggregated up into scores at the 
          school, district and other levels, and will also be present in 
          any other metric that includes the test score (e.g., API).  This 
          would particularly present problems for aggregate scores and 
          measures in schools or districts with very high proportions of 
          EL pupils, and for any educational decisions that involve high 
          stakes (e.g., graduation for the individual, or sanctions and 
          interventions for the school or district).

          This bill proposes to address this issue by improving the 
          state's primary language tests and increasing the information 
          composited into accountability measures (e.g., API) by including 
          primary language content test results, and by reducing 
          linguistic complexity and requiring testing accommodations on 
          English language content tests so as to reduce the effect of 








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          language differences on the test scores of EL students.


           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087 
          FN: 0001099