BILL ANALYSIS                                                                                                                                                                                                    �



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          ASSEMBLY THIRD READING
          AB 1521 (Brownley)
          As Amended  April 19, 2012
          Majority vote 

           EDUCATION           7-2         APPROPRIATIONS      16-0        
           
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          |Ayes:|Brownley, Ammiano,        |Ayes:|Fuentes, Harkey,          |
          |     |Buchanan, Butler, Carter, |     |Blumenfield, Bradford,    |
          |     |Eng, Williams             |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Gatto, Hall, Hill, |
          |     |                          |     |Lara, Mitchell, Nielsen,  |
          |     |                          |     |Norby, Solorio, Wagner    |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Halderman, Wagner         |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Makes revisions to the state's assessment system by 
          making the standards-aligned primary language assessment 
          available for administration to non-English learners enrolled in 
          dual immersion programs and eliminating various non-federally 
          required assessments, as specified.  Specifically,  this bill  :

          1)Authorizes the California Department of Education (CDE) to 
            make the standards-aligned primary language assessment 
            available to school districts and charter schools 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.

          2)Requires a school district or charter school that chooses to 
            administer a primary language assessment to do so at its own 
            expense and to enter into an agreement with the state testing 
            contractor for this purpose.

          3)Requires the cost for the assessment to be the same for all 
            school districts and charter schools and prohibits the cost 
            from exceeding the marginal cost of the assessment.  

          4)Eliminates the following end-of-course high school level 
            assessments:  Integrated Math 1-3, and Integrated/Coordinated 
            Science 1-4. 









                                                                  AB 1521
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           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)General Fund/Proposition 98 (GF/98) savings of approximately 
            $660,000 to CDE by eliminating the integrated assessments, as 
            specified.  This savings is attributed to reduced Standardized 
            Testing and Reporting (STAR) program contracts costs.  
            According to CDE, 77,774 pupils took integrated assessments in 
            math and science in 2011.  Likewise, there will likely be 
            minimal STAR apportionment costs savings, likely less than 
            $75,000.   

          2)Minor GF/98 cost pressure, likely less than $75,000, to 
            authorize school districts and charter schools to assess their 
            non-English learner pupils who are enrolled in dual immersion 
            programs, as specified.  This bill requires school districts 
            and charter schools to pay for the administration of this 
            assessment at their own expense.  According to CDE, it 
            allocated approximately $101,000 GF/98 to school districts for 
            the administration of the primary language assessment to 
            English learner (EL) pupils in 2010. 

          3)The 2011 Budget Act allocated a total of $53.6 million for the 
            STAR program, which includes the standards-aligned primary 
            language assessment.  Of this amount, $42.2 million are GF/98 
            funds and $11.4 are federal Title VI funds, which can be used 
            for purpose related to implementing standards and assessments. 


           COMMENTS  :  This bill eliminates the non-federally required 
          end-of-course assessments in Integrated Math 1-3 and 
          Integrated/Coordinated Science 1-4.  Additionally, this bill 
          makes the standards-aligned primary language assessment 
          available to school districts and charter schools for 
          administration to their non-English learners enrolled in dual 
          immersion programs.

          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.  The 
          end-of-course integrated assessments in math and science 








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          proposed to be eliminated through this bill are not required by 
          federal law nor are they used for federal accountability 
          purposes.  Furthermore, the administration of these assessments 
          has experienced a significant two-thirds decrease over the last 
          four years, according to CDE.  

          Integrated assessments are administered to pupils enrolled in 
          integrated math and/or science courses.  These courses 
          incorporate the different disciplines within each subject area.  
          For example, integrated science covers biology, chemistry, 
          physics, and earth science in one course. It should be noted 
          that nothing in this bill would preclude school districts from 
          continuing to offer integrated math and/or science courses.  
          Given the integrated nature of the common core state standards, 
          there is a possibility that integrated assessments will continue 
          to be part of California's assessment system in the future, and 
          nothing in this bill prohibits the inclusion of such assessments 
          in a future assessment system.  As the state moves to a new set 
          of standards in math and potentially science, there may be 
          opportunities to design high-quality integrated assessments.  

          The author states, "AB 1521 takes a modest step towards 
          streamlining the State's assessment system by eliminating a 
          number of end-of-course exams that are not required by federal 
          law and have in recent years had low student demand.  The 
          elimination of various non-essential assessments will streamline 
          the assessment system, generate cost savings, and restore 
          valuable instructional time."

          Governor Brown has publicly called for a reduction in the number 
          of assessments that pupils are required to take so as to restore 
          instructional time.  In his State of the State address, the 
          Governor stated, "I believe it is time to reduce the number of 
          tests and get the results to teachers, principals and 
          superintendents in weeks, not months."

          Standards-based Tests in Spanish (STS):  SB 1448 (Alpert), 
          Chapter 233, Statutes of 2004, required the development of 
          standards-aligned primary language assessments for EL pupils.  
          The STS is the adopted primary language assessment and is 
          available in reading/language arts and mathematics for grades 
          2-11, inclusive.  Additionally, algebra 1 and geometry 
          end-of-course exams are also available in Spanish.  









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          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 (U.S.) for less than 12 months; and 
          these tests are administered in addition to the English 
          California Standards Test (CST) in reading/language arts and 
          mathematics.  The STS results are not used for state or federal 
          accountability purposes.  At the option of a school district, 
          the STS may also be administered to an EL pupil who has been 
          enrolled in the U.S. for 12 months or more and who is not 
          receiving instruction in his or her primary language.  
          Currently, school districts that operate Spanish/English dual 
          immersion programs are not authorized to administer the STS to 
          native English speakers or to redesignated 
          fluent-English-proficient (RFEP) pupils enrolled in these 
          programs.  The reason behind this is that the intent of 
          developing these tests was to provide English learners a means 
          of demonstrating mastery of the standards in their primary 
          language.  However an argument can be made that these 
          assessments can be a valuable tool to provide information to 
          teachers relative to how native English speakers enrolled in 
          dual immersion programs are doing in acquiring academic content 
          in the Spanish language.  

          Dual language education programs integrate native English 
          speakers and native speakers of the target language to provide 
          instruction presented through two languages.  Dual language 
          education programs, also known as bilingual immersion, dual 
          language immersion, two-way immersion, or two-way bilingual 
          programs, have the goal of developing bilingualism and 
          biliteracy in English and another language.

          Allowing English speaking pupils enrolled in a dual immersion 
          program to take the primary language assessment does not 
          eliminate the requirement for these pupils to take the CST in 
          English and does not replace it for state accountability 
          purposes, but it rather offers school districts an additional 
          tool to measure progress of these pupils. 

          Previous legislation:  AB 409 (Alejo) authorizes the 
          administration of a primary language assessment to 
          nonlimited-English-proficient and redesignated 
          fluent-English-proficient (RFEP) pupils enrolled in dual 
          immersion programs.  AB 409 was held in the Senate 
          Appropriations Committee. 








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          AB 252 (Coto) of 2007, a substantially similar measure, 
          authorizes the CDE, subject to approval by the State Board of 
          Education and the Department of Finance, to make a primary 
          language assessment available to public schools for use in 
          assessing nonlimited-English-proficient pupils enrolled in a 
          dual language immersion program that includes the primary 
          language of the assessment.  AB 252 was vetoed by Governor 
          Schwarzenegger with the following veto message: 

          "English-speaking pupils who have voluntarily enrolled in dual 
          language immersion programs are currently required to take the 
          California Standards Test in English.  Therefore, another 
          assessment is not needed to measure their mastery of 
          state-adopted academic content standards in another language.  
          Furthermore, I am concerned that this bill creates significant 
          General Fund cost pressures for the state to develop 
          standards-aligned primary language tests in other languages.  
          Given the state's current fiscal climate it is not prudent for 
          me to enact this measure."
           

          Analysis Prepared by  :    Marisol Avi�a / ED. / (916) 319-2087 


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