BILL ANALYSIS                                                                                                                                                                                                    �






                           SENATE COMMITTEE ON EDUCATION
                               Alan Lowenthal, Chair
                             2011-2012 Regular Session
                                         

          BILL NO:       AB 1521
          AUTHOR:        Brownley
          AMENDED:       June 6, 2012
          FISCAL COMM:   Yes            HEARING DATE:  June 13, 2012
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Standardized Testing and Reporting Program.
          
           SUMMARY  

          This bill authorizes the administration of a primary language 
          assessment to pupils enrolled in dual immersion programs who 
          are not limited English proficient or who have been 
          redesignated as fluent English-proficient, and eliminates 
          several high school level tests.  

           BACKGROUND  

          Current law requires each school district, charter school, and 
          county office of education to administer designated 
          achievement tests to each pupil in grades 2 through 11 as part 
          of the Standardized Testing and Reporting (STAR) Program. 
          Current law authorizes the STAR program until July 1, 2014. 
          (Education Code � 60640 and � 60601)

          The STAR Program requires pupils to be tested in English 
          language arts, mathematics, science and history-social science 
          at specific grade levels.  The STAR Program includes the 
          California Standards Tests (CSTs), the California Alternate 
          Performance Assessment (CAPA) and the California Modified 
          Assessment (CMA) administered to certain pupils with 
          disabilities, and a primary language assessment.  

          Current law:

          1)   Requires the California Department of Education (CDE) to 
               develop and adopt primary language assessments that are 
               aligned to the state academic content standards for 
               reading/language arts and mathematics.  The primary 
               language assessments developed pursuant to this statute 
               are the Standards-Based Tests in Spanish (STS).  (EC � 




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               60640 (f)(3))

          2)   Requires a pupil who is limited English proficient and 
               receives instruction in his or her primary language or 
               has been enrolled in a school in the United States for 
               less than 12 months to take the primary language 
               assessment.  These pupils must also take the CSTs or the 
               CMA appropriate to the pupil's grade level.  (EC � 60640 
               (g))


          3)   Authorizes school districts to administer the primary 
               language assessment to pupils with limited English 
               proficiency (not restricted to pupils who have been in 
               the United States for less than a year or who receive 
               instruction in their primary language).  (EC � 60640 (f))

           ANALYSIS
           
           This bill:  

          1)   Authorizes the California Department of Education (CDE) 
               to make a primary language assessment available to school 
               districts and charter schools to assess pupils who are 
               enrolled in a dual language immersion program that 
               includes the primary language of the assessment and who:

                    a)             Are not limited English proficient.

                    b)             Have been redesignated fluent 
                    English.  

          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 subject to the approval of the 
               CDE.  

          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 current end-of-course assessments in 
               Integrated Math and Integrated/Coordinated Science. 





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          5)   Clarifies that the bill's provisions do not require the 
               California Department of Education to develop or 
               administer new assessments. 

          6)   Declares the Legislature's intent that schools not be 
               assigned a failing performance level when calculating the 
               Academic Performance Index (API) as the result of the 
               absence of the end-of-course assessments eliminated by 
               the bill's provisions.
           
          STAFF COMMENTS  

           1)   Need for the bill  .  Currently, school districts that 
               operate Spanish/English dual immersion programs are not 
               authorized to administer the Standards -based Tests in 
               Spanish (STS) to pupils enrolled in a dual immersion 
               program who are not limited English proficient, 
               essentially because the intent of the primary language 
               assessment was to provide English learners a means of 
               demonstrating mastery of the standards in their primary 
               language. The author contends that these assessments can 
               be a valuable tool for teachers to determine how native 
               English speakers enrolled in dual immersion programs are 
               doing in acquiring academic content in the Spanish 
               language. 

               In addition, the author notes that California students 
               can spend numerous hours taking assessments, which can 
               include the CSTs, CMA, CAPA, STS, EAP, CAHSEE, CELDT, 
               CAHSEE and the CELDT. According to the author, this bill 
               takes a modest step towards streamlining the State's 
               assessment system by eliminating end-of-course California 
               Standards Tests that are not required by federal law and 
               that have had low demand over the past several years.  
               Elimination of these tests will generate cost savings and 
               restore instructional time.

           2)   End-of-course exams in math and science courses  . The 
               chart below outlines the end-of-course exams currently 
               available and administered in high school math and 
               science courses.

 ---------------------------------------------------------  --------------------------------------------------------- 

               This bill proposes elimination of the integrated math and 
               science end-of-course exams. Integrated courses 




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               incorporate different disciplines within each subject 
               area. An integrated science course, for example, could 
               cover biology, chemistry, physics, and earth science in 
               one course. According to the CDE, the end-of-course 
               integrated assessments proposed for elimination by this 
               bill have experienced a 2/3 decrease in administration 
               over the last four years.

           1)   "Assignment of 200" Policy  . Beginning with the 2002 Base 
               API, the State Board of Education adopted a methodology 
               to account for students who do not take end-of-course 
               CSTs, first in mathematics and later in science. The 
               methodology, the "assignment of 200," assigned the lowest 
               value (called the performance level weighting factor) of 
               200 points (Far Below Basic) when calculating a school's 
               API in instances where the student did not take one of 
               these tests. This methodology addressed the fact that the 
               tests are end-of-course exams and not 
               universally-administered to all students within a grade 
               level. The policy goal of the SBE was to provide an 
               incentive for high schools to encourage students to 
               enroll in rigorous, standards-based mathematics and 
               science courses and correspondingly to reduce incentives 
               for high schools to discourage low-performing students 
               from enrolling in these courses. In 2007, the State Board 
               opted to maintain the policy of assigning 200 points but 
               to reduce its impact by lowering the test weights of the 
               end-of-course CSTs. This bill declares the Legislature's 
               intent that the elimination of certain end-of-course 
               assessments by this bill should not result in an 
               "Assignment of 200" when calculating a school's API.

           2)   Prior legislation  .

               a)        AB 409 (Alejo, 2011) contained provisions 
                    identical to those in this bill authorizing the 
                    administration of a primary language assessment to 
                    pupils enrolled in dual immersion programs. AB 409 
                    was passed by this committee in June 2011 by a vote 
                    of 9-1, but was ultimately held under submission in 
                    the Senate Appropriations Committee.

               b)        AB 930 (Ducheny, 2010) among other things, 
                    would have authorized the administration of the 
                    primary language assessment to pupils who are not 
                    English learners. SB 930 was vetoed with the 




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                    following message:

                    The State Board of Education recently adopted the 
                    Common Core standards, with additions from 
                    California's existing standards.  In anticipation of 
                    a newly realigned assessment and accountability 
                    system, this bill is premature.  This bill would 
                    require the inclusion of additional components 
                    involving primary language assessments, in the 
                    current, and any future, assessment and 
                    accountability systems.  This has the potential to 
                    conflict with any of the anticipated larger federal 
                    or state efforts on assessments and accountability.

                    Ultimately, I continue to believe that schools 
                    should remain focused on providing English Learners 
                    with the necessary instruction and support to become 
                    English proficient.  As an immigrant myself, I 
                    believe strongly that learning English as quickly as 
                    possible is essential to success in this state and 
                    this country.  Therefore, I want to ensure that 
                    there are no disincentives in our school system to 
                    achieving that goal for our English Learner student 
                    population.

                    
               c)        AB 252 (Coto, 2007) made similar provision for 
                    the administration of primary language assessment to 
                    pupils in dual immersion programs. AB 252 was vetoed 
                    with the following 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."
          
           SUPPORT  





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          San Francisco Unified School District


          State Superintendent of Public Instruction, Tom Torlakson  

          OPPOSITION


           None received.