BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 532 (V. Perez)
          
          Hearing Date: 08/25/2011        Amended: 08/15/2011
          Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 6-2
          _________________________________________________________________
          ____
          BILL SUMMARY: AB 532 modifies the state's assessment and 
          accountability system as it pertains to English learner 
          students, beginning July 1, 2012.  
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions            2011-12      2012-13       2013-14     Fund
           
          English learner assessments             ---Substantial cost 
          pressure---                 General
          _________________________________________________________________
          ____

          STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.

          Existing law establishes the Standardized Testing and Reporting 
          (STAR) Program to measure the degree to which pupils are meeting 
          the state's academic content and performance standards. The STAR 
          Program consists of the California Standards Tests (CSTs); the 
          California Modified Assessment (CMA) for students with 
          disabilities in grades 3-8; the California Alternate Performance 
          Assessment (CAPA) for students with disabilities in grades K-11; 
          and the Standards-based Tests in Spanish (STS).

          Existing law requires Spanish-speaking English learners enrolled 
          in grades 2 through 11 who receive instruction in their primary 
          language or who have been enrolled in public school in the 
          United States for less than 12 months to take the STS. Students 
          who take the STS are also required to take the CSTs and/or CMA 
          appropriate to their grade level.  School districts have the 
          option of administering the STS to Spanish-speaking English 
          learners who have been in school in the United States 12 or more 
          months or who are not receiving instruction in Spanish. 










          AB 532 (V. Perez)
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          Existing law also provides for the statewide pupil assessment 
          program (which includes the STAR program) to become inoperative 
          on July 1, 2013, and expresses the intent of the Legislature 
          that the reauthorization of the statewide pupil assessment 
          system include specified elements, including a plan for 
          transitioning to a system of high-quality assessments. Existing 
          law further establishes an Academic Content Standards Commission 
          to develop academic content standards in language arts and 
          mathematics that will be internationally benchmarked and at 
          least 85% the same as the national standards being developed by 
          the Common Core State Standards Initiative.

          This bill requires, if California joins a national testing 
          consortium as a governing state, that the SPI recommend that a 
          state assessment system include modifications to achievement 
          tests to eliminate linguistic complexity, as specified. 
          California has recently become a governing state in the Smarter 
          Balance national testing consortium, and Department of Education 
          (CDE) staff support the SPI in those duties. There would be no 
          additional costs for the SPI to make this bill's recommendation 
          to the consortium; however, there is no guarantee that the 
          consortium would agree to research and design modifications or 
          to adopt any modifications proposed by the SPI (presumably done 
          at the CDE's expense).

          This bill also requires any successor system to the STAR to 
          include accommodations and modifications for English learner 
          students, as determined by the SPI, in consultation with persons 
          with specified experience. The bill further requires that any 
          primary language assessment be included in the state's 
          assessment system or any successor system and in any measure or 
          index used for state and federal accountability purposes. 
          Additionally, this bill requires primary language assessments 
          developed pursuant to the bill's provisions to meet requirements 
          regarding validity, reliability, and comparability as specified 
          by testing standards developed by specified testing and research 
          organizations and requires the contractor chosen to develop the 
          assessment to report to the SPI and State Board of Education as 
          to how these requirements were met. 

          Those requirements force, even in the absence of the Smarter 
          Balance consortium agreement or resources, the SPI to change the 









          AB 532 (V. Perez)
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          way in which English learners are assessed, and to develop a 
          system for including primary language assessments and their 
          scores in the states assessment system. The testing requirements 
          would create CDE costs to go it alone, in the absence of 
          consortium support. The Smarter Balance consortium has no 
          immediate plans to adopt the suggested Reading/ELA 
          modifications. It does, however, plan to translate math 
          assessments into Spanish, which would fulfill part of the bill's 
          requirements.

          This bill specifies the recommendations for the course of action 
          will be completed by "any advisory committee, work group, task 
          force, or technical assistance group that is existence on or 
          after" its operative date related to future assessment systems. 
          The CDE has an existing committee working on future assessment 
          considerations, and this new workload would likely be assumed by 
          that committee.

          The cost of incorporating modifications, and changing the use of 
          primary language assessments in the successor assessment system 
          will ultimately be determined by the modifications and 
          implementation path chosen. The CDE has identified potential 
          additional costs for reapportionment to districts because of the 
          larger pool of students required to take the STS, as well as to 
          provide modifications such as word-to-word glossaries that would 
          be developed and issued to test takers. The CDE also identifies 
          costs to align the assessments to the state's academic content 
          standards, and for score reporting and calculation. Under 
          existing law, the CDE will incur substantial costs to change its 
          assessment system to account for the curriculum change to Common 
          Core in the near future. The activities of the national testing 
          consortium are still being determined, and it is likely that at 
          least some of the tasks required by this bill could be carried 
          out through the consortium, which will receive federal funding.

          AS PROPOSED TO BE AMENDED: Proposed amendments would reduce the 
          authority of the advisory committee to making recommendations. 
          Proposed amendments would eliminate test modifications.