Amended in Senate August 22, 2014

Amended in Senate August 19, 2014

Amended in Senate August 4, 2014

Amended in Senate July 2, 2014

Amended in Senate June 11, 2014

Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2057

Introduced by Assembly Member Bonilla

February 20, 2014

An act to amend Section 60640 of the Education Code, relating to pupil assessment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2057, as amended, Bonilla. Pupil assessment: begin delete consortium end delete alternate performance assessments.

Existing law establishes the California Assessment of Student Performance and Progress (CAASPP), commencing with the 2013-14 school year, for the assessment of certain elementary and secondary pupils. The CAASPP is composed of (1) a consortium summative assessment in English language arts and mathematics for grades 3 to 8, inclusive, and grade 11, as specified, (2) science grade level assessments in grades 5, 8, and 10, measuring specified content standards, (3) the California Alternate Performance Assessment in grades 2 to 11, inclusive, in English language arts and mathematics and science in grades 5, 8, and 10, as specified, and (4) the Early Assessment Program. Existing law specifies numerous policies and procedures with respect to the development and the implementation of the CAASPP by the Superintendent of Public Instruction, the State Board of Education, and affected local educational agencies.

This bill would require the CAASPP to include begin delete the California Alternate Performance Assessment being administered end delete begin insert an alternate performance assessment, as specified, end insert in grades begin delete 2 to 11 end delete begin insert 3 to 8 end insert , inclusive, begin insert and grade 11 end insert in English language arts and begin delete mathematics and end delete begin insert mathematics. The bill would require the CAASPP to include the California Alternate Performance Assessment being administered end insert in grades 5, 8, and 10 in science, until successor assessments for begin delete those subject matters are end delete begin insert that subject matter are end insert implemented, as specified. begin insert The bill would require the state board to adopt an alternate performance assessment, as specified, in English language arts and mathematics for full implementation in the 2015-16 school year unless the state board determines that the assessments cannot be implemented. end insert The bill also would require the begin delete state board and the department end delete begin insert State Department of Education end insert to submit, no later than February 1, 2015, a report to the appropriate committees of the Legislature, begin insert the state board, end insert school districts, county offices of education, and charter schools on the status of the successor alternate assessments in English language arts and mathematics and science, as begin delete specified. end delete begin insert specified, and the field tests that measure specified content standards. The bill would require the department to submit, no later than October 1, 2015, a specified report to the appropriate committees of the Legislature, the state board, school districts, county offices of education, and charter schools on the alternate performance assessments and the field tests that measure specified content standards. end insert The bill, for the 2014-15 school year, would require each local educational agency to administer the begin delete alternate end delete field tests begin insert that measure specified content standards end insert in a manner determined by the department in consultation with the president or executive director of the state begin delete board. end delete begin insert board , as specified. The bill would require specified field tests in English language arts and mathematics to qualify as the alternate performance assessment for the 2014-15 school year. end insert The bill would require the department, with the approval of the state board and the Director of Finance, to amend the assessment contract, as appropriate, to accommodate the begin delete alternate assessment end delete field testing and to allow for any necessary studies using information collected from the field tests. begin insert The bill would require the department to apply for a specified waiver from the United States Department of Education. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 60640 of the Education Code is amended
to read:

60640.  

(a) There is hereby established the California
Assessment of Student Performance and Progress, to be known as
the CAASPP.

(b) Commencing with the 2013-14 school year, the CAASPP
shall be composed of all of the following:

(1) (A) A consortium summative assessment in English
language arts and mathematics for grades 3 to 8, inclusive, and
grade 11 that measures content standards adopted by the state
board.

(B) In the 2013-14 school year, the consortium summative
assessment in English language arts and mathematics shall be a
field test only, to enable the consortium to gauge the validity and
reliability of these assessments and to conduct all necessary
psychometric procedures and studies, including, but not necessarily
limited to, achievement standard setting, and to allow the
department to conduct studies regarding full implementation of
the assessment system. These field tests and results shall not be
used for any other purpose, including the calculation of any
accountability measure.

(2) (A) Science grade level assessments in grades 5, 8, and 10
that measure content standards adopted pursuant to Section 60605,
until a successor assessment is implemented pursuant to
subparagraph (B).

(B) For science assessments, the Superintendent shall make a
recommendation to the state board as soon as is feasible after the
adoption of science content standards pursuant to Section 60605.85
regarding the assessment of the newly adopted standards. Before
making recommendations, the Superintendent shall consult with
stakeholders, including, but not necessarily limited to, California
science teachers, individuals with expertise in assessing English
learners and pupils with disabilities, parents, and measurement
experts, regarding the grade level and type of assessment. The
recommendations shall include cost estimates and a plan for
implementation of at least one assessment in each of the following
grade spans:

(i) Grades 3 to 5, inclusive.

(ii) Grades 6 to 9, inclusive.

(iii) Grades 10 to 12, inclusive.

begin delete

(3) The California Alternative Performance Assessment in
grades 2 to 11, inclusive, in English language arts and mathematics
and in grades 5, 8, and 10 in science that measures content
standards adopted pursuant to Section 60605, until successor
assessments for these subject matters are implemented. The
successor assessments shall be limited to the grades and subject
matters assessed pursuant to paragraph (1) and subparagraph (B)
of paragraph (2).

end delete begin insert

(3) An alternate performance assessment in English language
arts and mathematics for grades 3 to 8, inclusive, and grade 11
that measures content standards adopted pursuant to Sections
60605.8 and 60605.11.

end insert begin insert

(4) The California Alternative Performance Assessment in
grades 5, 8, and 10 in science that measures content standards
adopted pursuant to Section 60605, until a successor assessment
for this subject is implemented.

end insert begin insert

(5) The state board shall adopt an alternate performance
assessment, pursuant to Sections 60605.8 and 60605.11, in English
language arts and mathematics for full implementation in the
2015-16 school year unless the state board determines that the
assessments cannot be implemented.

end insert begin delete

(4)

end delete

begin insert (6) end insert  The Early Assessment Program established by Chapter 6
(commencing with Section 99300) of Part 65 of Division 14 of
Title 3.

begin delete

(5)

end delete

begin insert (7) end insert  (A) A local educational agency may administer a primary
language assessment aligned to the English language arts standards
adopted pursuant to Section 60605, as it read on January 1, 2013,
to pupils who are identified as limited English proficient and
enrolled in any of grades 2 to 11, inclusive, until a subsequent
primary language assessment aligned to the common core standards
in English language arts adopted pursuant to Section 60605.8 is
developed pursuant to subparagraph (E).

(B) If a local educational agency chooses to administer a primary
language assessment to pupils identified as limited English
proficient and enrolled in any of grades 2 to 11, inclusive, pursuant
to subparagraph (A), it shall notify the department in a manner to
be determined by the department and the costs shall be paid by the
state and included as part of the testing contract, and the department
shall provide the local educational agency a per pupil
apportionment for administering the assessment pursuant to
subdivision (l).

(C) The Superintendent shall consult with stakeholders,
including assessment and English learner experts, to determine
the content and purpose of a stand-alone language arts summative
assessment in primary languages other than English that aligns
with the English language arts content standards. The
Superintendent shall consider the appropriate purpose for this
assessment, including, but not necessarily limited to, support for
the State Seal of Biliteracy and accountability. It is the intent of
the Legislature that an assessment developed pursuant to this
section be included in the state accountability system.

(D) The Superintendent shall report and make recommendations
to the state board at a regularly scheduled public meeting no sooner
than one year after the first full administration of the consortium
computer-adaptive assessments in English language arts and
mathematics summative assessments in grades 3 to 8, inclusive,
and grade 11, regarding an implementation timeline and estimated
costs of a stand-alone language arts summative assessment in
primary languages other than English.

(E) The Superintendent shall develop, and the state board shall
adopt, a primary language assessment. The Superintendent shall
administer this assessment no later than the 2016-17 school year.

(F) This paragraph shall be operative only to the extent that
funding is provided in the annual Budget Act or another statute
for the purpose of this section.

(c) (1) No later than March 1, 2016, the Superintendent shall
submit to the state board recommendations on expanding the
CAASPP to include additional assessments, for consideration at
a regularly scheduled public meeting. The Superintendent shall
also submit these recommendations to the appropriate policy and
fiscal committees of the Legislature and to the Director of Finance
in accordance with all of the following:

(A) In consultation with stakeholders, including, but not
necessarily limited to, California teachers, individuals with
expertise in assessing English learners and pupils with disabilities,
parents, and measurement experts, the Superintendent shall make
recommendations regarding assessments including the grade level,
content, and type of assessment. These recommendations shall
take into consideration the assessments already administered or
planned pursuant to subdivision (b). The Superintendent shall
consider the use of consortium-developed assessments, various
item types, computer-based testing, and a timeline for
implementation.

(B) The recommendations shall consider assessments in subjects,
including, but not necessarily limited to, history-social science,
technology, visual and performing arts, and other subjects as
appropriate, as well as English language arts, mathematics, and
science assessments to augment the assessments required under
subdivision (b), and the use of various assessment options,
including, but not necessarily limited to, computer-based tests,
locally scored performance tasks, and portfolios.

(C) The recommendations shall include the use of an assessment
calendar that would schedule the assessments identified pursuant
to subparagraph (B) over several years, the use of matrix sampling,
if appropriate, and the use of population sampling.

(D) The recommendations shall include a timeline for test
development, and shall include cost estimates for subject areas, as
appropriate.

(E) Upon approval by the state board and the appropriation of
funding for this purpose, the Superintendent shall develop and
administer the approved assessments. The state board shall approve
test blueprints, achievement level descriptors, testing periods,
performance standards, and a reporting plan for each approved
assessment.

(2) (A) No later than February 1, 2015, begin delete the state board and end delete the
department shall report to the appropriate committees of the
Legislature, begin insert the state board, end insert school districts, county offices of
education, and charter schools on the status of the successor
alternate assessments approved by the state board pursuant to this
section begin insert and the field tests that measure the content standards
adopted pursuant to Sections 60605.8 and 60605.11 end insert .

(B) Pursuant to Section 10231.5 of the Government Code, this
paragraph shall become inoperative on February 1, 2019.

begin insert

(3) (A) No later than October 1, 2015, the department shall
report to the appropriate committees of the Legislature, the state
board, school districts, county offices of education, and charter
schools on all of the following:

end insert begin insert

(i) The department’s evaluation of the field tests administered
in the 2014-15 school year that measure the content standards
pursuant to Sections 60605.8 and 60605.11.

end insert begin insert

(ii) Progress toward implementing the alternate performance
assessments described in paragraph (3) of subdivision (b).

end insert begin insert

(iii) An update on consortia alternate performance assessments.

end insert begin insert

(B) Pursuant to Section 10231.5 of the Government Code, this
paragraph shall become inoperative on October 1, 2019.

end insert

(d) For the 2013-14 and 2014-15 school years, the department
shall make available to local educational agencies Standardized
Testing and Reporting Program test forms no longer required by
the CAASPP. The cost of implementing this subdivision, including,
but not necessarily limited to, shipping, printing, scoring, and
reporting per pupil shall be the same for all local educational
agencies, and shall not exceed the marginal cost of the assessment,
including any cost the department incurs to implement this section.
A local educational agency that chooses to administer an
assessment pursuant to this subdivision shall do so at its own
expense, and shall enter into an agreement for that purpose with
a contractor, subject to the approval of the department.

(e) The Superintendent shall make available a paper and pencil
version of any computer-based CAASPP assessment for use by
pupils who are unable to access the computer-based version of the
assessment for a maximum of three years after a new operational
test is first administered.

(f) (1) From the funds available for that purpose, each local
educational agency shall administer assessments to each of its
pupils pursuant to subdivision (b). As allowable by federal statute,
recently arrived English learner pupils are exempted from taking
the assessment in English language arts. The state board shall
establish a testing period to provide that all schools administer
these tests to pupils at approximately the same time during the
instructional year. The testing period established by the state board
shall take into consideration the need of local educational agencies
to provide makeup days for pupils who were absent during testing,
as well as the need to schedule testing on electronic computing
devices.

(2) For the 2013-14 school year, each local educational agency
shall administer the field tests in a manner described by the
department in consultation with the president or executive director
of the state board. Additional participants in the field test beyond
the representative sample may be approved by the department, and
the department shall use existing contract savings to fund local
educational agency participation in one or more tests per
participant. Funds for this purpose shall be used to allow for
maximum participation in the field tests across the state. To the
extent savings in the current contract are not available to fully fund
this participation, the department shall prorate available funds by
test. Local educational agencies shall bear any additional costs to
administer these assessments that are in excess of the contracted
amount. With approval of the state board and the Director of
Finance, the department shall amend the existing assessment
contract to accommodate field testing beyond the representative
sample, and to allow for special studies using information collected
from the field tests.

begin delete

(3) For the 2014-15 school year, each local educational agency
shall administer the alternate field tests in a manner determined
by the department in consultation with the president or executive
director of the state board. With the approval of the state board
and the Director of Finance, the department shall amend the
assessment contract, as appropriate, to accommodate the alternate
assessment field testing and to allow for any necessary studies
using information collected from the field tests.

end delete begin insert

(3) (A) For the 2014-15 school year, each local educational
agency shall administer the field tests that measure the content
standards adopted pursuant to Sections 60605.8 and 60605.11 in
grades 3 to 8, inclusive, and grade 11 in English language arts
and mathematics in a manner determined by the department in
consultation with the president or executive director of the state
board. For the 2014-15 school year, the field tests that measure
the content standards adopted pursuant to Sections 60605.8 and
60605.11 in grades 3 to 8, inclusive, and grade 11 in English
language arts and mathematics shall satisfy paragraph (3) of
subdivision (b).

end insert begin insert

(B) The assessments shall be used to gauge the validity and
reliability of the assessments and shall allow the department to
do both of the following:

end insert begin insert

(i) Conduct all necessary psychometric procedures and studies,
including, but not limited to, achievement standard setting.

end insert begin insert

(ii) Conduct studies regarding full implementation of the
assessment system.

end insert begin insert

(C) The field tests and results shall not be used for any other
purpose, including, but not limited to, the calculation of an
accountability measure.

end insert begin insert

(D) The department shall use existing contract savings to fund
the participation of local educational agencies in the field tests.

end insert begin insert

(E) With the approval of the state board and the Director of
Finance, the department shall amend the assessment contract, as
appropriate, to accommodate the field tests and to allow for any
necessary studies using information collected from the field tests.

end insert begin insert

(F) For purposes of this paragraph, the department shall apply
for a federal waiver from the United States Department of
Education for pupils who participate in the field tests.

end insert

(g) From the funds available for that purpose, each local
educational agency shall administer assessments as determined by
the state board pursuant to subparagraph (E) of paragraph (1) of
subdivision (c).

(h) As feasible, the CAASPP field tests shall be conducted in
a manner that will minimize the testing burden on individual
schools. The CAASPP field tests shall not produce individual pupil
scores unless it is determined that these scores are valid and
reliable.

(i) The governing board of a school district may administer
achievement tests in grades other than those required by this section
as it deems appropriate.

(j) Subject to the approval of the state board, the department
may make available to local educational agencies a primary
language assessment aligned to the English language arts standards
adopted pursuant to Section 60605, as it read on January 1, 2013,
for assessing pupils who are enrolled in a dual language immersion
program that includes the primary language of the assessment and
who are either nonlimited English proficient or redesignated fluent
English proficient until a subsequent primary language assessment
aligned to the common core standards in English language arts
adopted pursuant to Section 60605.8 is developed pursuant to
paragraph begin delete (5) end delete begin insert (7) end insert of subdivision (b). The cost for the assessment
shall be the same for all local educational agencies and shall not
exceed the marginal cost of the assessment, including any cost the
department incurs to implement this section. A local educational
agency that elects to administer a primary language assessment
pursuant to this subdivision shall do so at its own expense and
shall enter into an agreement for that purpose with the state testing
contractor, subject to the approval of the department.

(k) Pursuant to Section 1412(a)(16) of Title 20 of the United
States Code, individuals with exceptional needs, as defined in
Section 56026, shall be included in the testing requirement of
subdivision (b) with appropriate accommodations in administration,
where necessary, and the individuals with exceptional needs who
are unable to participate in the testing, even with accommodations,
shall be given an alternate assessment.

(l) (1) The Superintendent shall apportion funds appropriated
for these purposes to local educational agencies to enable them to
meet the requirements of subdivisions (b) and (c).

(A) For the CAASPP field tests administered in the 2013-14
school year or later school years, the Superintendent shall apportion
funds to local educational agencies if funds are specifically
provided for this purpose in the annual Budget Act.

(B) The Superintendent shall apportion funds to local
educational agencies to enable them to administer assessments
used to satisfy the voluntary Early Assessment Program in the
2013-14 school year pursuant to paragraph begin delete (4) end delete begin insert (6) end insert of subdivision
(b).

(2) The state board annually shall establish the amount of
funding to be apportioned to local educational agencies for each
test administered and annually shall establish the amount that each
contractor shall be paid for each test administered under the
contracts required pursuant to Section 60643. The amounts to be
paid to the contractors shall be determined by considering the cost
estimates submitted by each contractor each September and the
amount included in the annual Budget Act, and by making
allowance for the estimated costs to local educational agencies for
compliance with the requirements of subdivisions (b) and (c). The
state board shall take into account changes to local educational
agency test administration activities under the CAASPP, including,
but not limited to, the number and type of tests administered and
changes in computerized test registration and administration
procedures, when establishing the amount of funding to be
apportioned to local educational agencies for each test
administered.

(3) An adjustment to the amount of funding to be apportioned
per test shall not be valid without the approval of the Director of
Finance. A request for approval of an adjustment to the amount
of funding to be apportioned per test shall be submitted in writing
to the Director of Finance and the chairpersons of the fiscal
committees of both houses of the Legislature with accompanying
material justifying the proposed adjustment. The Director of
Finance is authorized to approve only those adjustments related
to activities required by statute. The Director of Finance shall
approve or disapprove the amount within 30 days of receipt of the
request and shall notify the chairpersons of the fiscal committees
of both houses of the Legislature of the decision.

(m) For purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation for the apportionments made pursuant to paragraph
(1) of subdivision (l), and the payments made to the contractors
under the contracts required pursuant to Section 60643 or
subparagraph (C) of paragraph (1) of subdivision (a) of Section
60605 between the department and the contractor, are “General
Fund revenues appropriated for school districts,” as defined in
subdivision (c) of Section 41202, for the applicable fiscal year,
and included within the “total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B,” as defined in subdivision
(e) of Section 41202, for that fiscal year.

(n) As a condition to receiving an apportionment pursuant to
subdivision (l), a local educational agency shall report to the
Superintendent all of the following:

(1) The pupils enrolled in the local educational agency in the
grades in which assessments were administered pursuant to
subdivisions (b) and (c).

(2) The pupils to whom an achievement test was administered
pursuant to subdivisions (b) and (c) in the local educational agency.

(3) The pupils in paragraph (1) who were exempted from the
test pursuant to this section.

(o) The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of the CAASPP, including, but not
necessarily limited to, the grade 11 consortium summative
assessments in English language arts and mathematics, for
academic credit, placement, or admissions processes.

(p) Subject to the availability of funds in the annual Budget Act
for this purpose, and exclusive of the consortium assessments, the
Superintendent, with the approval of the state board, annually shall
release to the public test items from the achievement tests pursuant
to Section 60642.5 administered in previous years. Where feasible
and practicable, the minimum number of test items released per
year shall be equal to 25 percent of the total number of test items
on the test administered in the previous year.

(q) On or before July 1, 2014, Sections 850 to 868, inclusive,
of Title 5 of the California Code of Regulations shall be revised
by the state board to conform to the changes made to this section
in the first year of the 2013-14 Regular Session. The state board
shall adopt initial regulations as emergency regulations to
immediately implement the CAASPP assessments, including, but
not necessarily limited to, the administration, scoring, and reporting
of the tests, as the adoption of emergency regulations is necessary
for the immediate preservation of the public peace, health, safety,
or general welfare within the meaning of Section 11346.1 of the
Government Code. The emergency regulations shall be followed
by the adoption of permanent regulations, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).