BILL ANALYSIS                                                                                                                                                                                                    �






                            SENATE COMMITTEE ON EDUCATION
                                  Carol Liu, Chair
                              2013-2014 Regular Session
                                          

          BILL NO:       AB 2057
          AUTHOR:        Bonilla
          AMENDED:       June 11, 2014
          FISCAL COMM:   Yes            HEARING DATE: June 18, 2014
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  Alternate assessment.
          
           SUMMARY
           
          This bill adds as a state assessment a consortium alternate  
          performance assessment in English language arts and mathematics  
          for grades 3-8 and 11 that is aligned to the common core  
          standards, and authorizes school districts to administer either  
          a consortium field test or the existing California Alternate  
          Performance Assessment in the 2014-15 school year.

           BACKGROUND
           
          Current law:

          The federal Individuals with Disabilities Education Act (IDEA)  
          requires students with exceptional needs to participate in  
          statewide assessments with appropriate accommodations when  
          necessary, and requires students who are unable to participate  
          in the assessments, even with accommodations, to be given an  
          alternate assessment.  The California Alternate Performance  
          Assessment (CAPA) meets this requirement. (United States Code,  
          Title 20, Section 1412(a)(16) and Education Code � 60640).

          Establishes the Measurement of Academic Performance and Progress  
          to include all of the following:

           1)   A consortium summative assessment in English language arts  
               and mathematics for grades 3 to 8 and grade 11 that  
               measures the common core standards.

          2)   Science grade level assessments in grades 5, 8, and 10 that  
          measure the prior
               science standards until a successor assessment that is  







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          aligned to the Next 
               Generation Science Standards is implemented.

          3)   The CAPA in grades 2-11 in English language arts and  
          mathematics, and science
               in grades 5, 8, and 10 that measure the prior science  
               standards until a successor 
          assessment that is aligned to the Next Generation Science  
               Standards is implemented.

          4)   The Early Assessment Program.

          5)   A primary language assessment.  (EC � 60640)

           ANALYSIS
           
           This bill  adds as a state assessment a consortium alternate  
          performance assessment in English language arts and mathematics  
          for grades 3-8 and 11 that is aligned to the common core  
          standards, and authorizes school districts to administer either  
          a consortium field test or the existing California Alternate  
          Performance Assessment in the 2014-15 school year.   
          Specifically, this bill:

          1)   Adds a consortium alternate performance assessment in  
               English language arts and mathematics for grades 3-8 and 11  
               that measures the common core standards.

          2)   Authorizes schools to administer, in the 2014-15 school  
               year and subject to approval by the United States  
               Department of Education, either the consortium alternate  
               assessment field tests or the CAPA. 

          3)   Requires the California Department of Education (CDE) to  
               apply to the United States Department of Education for a  
               waiver of the requirement that all students participate in  
               the statewide assessments to instead allow students to  
               participate in the field test only (without also taking the  
               CAPA).

          4)   Requires the CDE to adopt a new alternate performance  
               assessment by the 2016-17 school year, and authorizes  
               schools to continue to administer the CAPA until a new  
               assessment is adopted.  







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          5)   Prohibits the field test and results from being used for  
               any other purpose, including the calculation of an  
               accountability measure.

          6)   Requires the field tests to enable the consortium to gauge  
               the validity and reliability of the assessments and to  
               conduct all necessary psychometric procedures and studies,  
               including setting achievement standards, and to allow CDE  
               to conduct studies regarding full implementation of the  
               assessments.

          7)   Eliminates grade 2 from the alternate assessment  
               (consistent with current law).  

          8)   Changes the name of the State's assessment system, from the  
               Measurement of Academic Performance and Progress to the  
               California Assessment of Student Performance and Progress.

           STAFF COMMENTS
           
           1)   National Center and State Collaborative  .  The National  
               Center and State Collaborative (NCSC) is a project funded  
               by the United States Department of Education, Office of  
               Special Education Programs, and is led by five centers and  
               26 states to develop an alternate assessment based on  
               alternate achievement standards, and aligned to the common  
               core standards, for students with the most significant  
               cognitive disabilities in grades 3-8 and 11.  The  
               California Department of Education (CDE) has participated  
               in this consortium since October 2012. 
          In Spring 2014, 7,677 California students completed the NCSC  
               Phase 1 pilot test, far fewer than anticipated (more  
               participated but did not complete the test).  This could be  
               due to the change in the test window from February to May;  
               some students participated in the pilot test and also the  
               CAPA, thereby taking two assessments within a short period  
               of time.  Phase 2 pilot testing is scheduled for October  
               2014.  The fully-developed NCSC assessment is expected to  
               be available Spring 2015; states are authorized to use the  
               Spring 2015 assessment as a field test or fully operational  
               assessment.  However, performance standards will not be  
               established until Fall 2015.  California has not committed  
               to participate in Phase 2 or the Spring 2015 administration  







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               of the assessment

           2)   It's complicated  .  It appears that school districts and  
               special education administrators have a positive impression  
               of the NCSC assessment, and desire to move toward the fully  
               operational NCSC assessment and to eliminate the California  
               Alternate Performance Assessment.  However, the CDE reports  
               various concerns with the NCSC consortium, but does not  
               appear to have insurmountable concerns with the assessment  
               itself.  According to CDE, it is hesitant to fully join the  
               consortium because it has not yet been provided cost  
               estimates for 2015-16, and has concerns about the long-term  
               governance of the consortium.

          The NCSC Phase 2 pilot test is scheduled for October 2014, and  
               the assessment is expected to be available for full  
               administration or for use as a field test in Spring 2015.   
               California has not yet committed to participating beyond  
               the pilot tests that were administered in Spring 2014 (the  
               decision is made by the State Board of Education).  The  
               deadline is July 1, to submit a letter of intent to  
               participate in Spring 2015 testing.  The State Board of  
               Education is scheduled to meet on July 9-10; the agenda was  
               not available at the time this analysis was completed.

          Staff recommends an amendment to require CDE to update  
               districts, county offices and charter schools, and policy  
               and fiscal committees of the Legislature, by February 1,  
               2015, on the status of NCSC assessments and any concerns  
               with consortium, recommendations for moving forward if  
               different than timelines in this bill.  The CDE should also  
               be required to provide notification, until an alternate  
               assessment is fully implemented, anytime there is a change  
               in timeline or status of the assessment or consortium.

           3)   What about 2015-16  ?  This bill authorizes, subject to  
               federal approval, the administration of either the NCSC  
               field test or the CAPA in the 2014-15 school year. This  
               bill requires the CDE to adopt a new alternate performance  
               assessment in English language arts and mathematics no  
               later than the 2016-17 school year, and authorizes the CAPA  
               to be administered until that time.  The NCSC field test  
               will not be available beyond the 2014-15 school year.   
               Unless California administers the fully-developed NCSC  







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               assessment in the 2015-16 school year, students will once  
               again take the CAPA in the 2015-16 school year.


          The NCSC anticipates being available for full implementation in  
               the 2014-15 school year, but California has not committed  
               to administering the NCSC in the 2014-15 school year,  
               either as a field test or full administration.

           4)   Options  .  (a) California has the option to proceed with the  
               NCSC assessment and administer it in the 2014-15 school  
               year either as a field test or as a fully-operational  
               assessment.  (b) The CDE has apparently just recently  
               discovered another consortium that is developing an  
               alternate assessment.  California may choose to participate  
               in a consortium other than NCSC.  Staff has no information  
               relative to the progress toward development of another  
               alternate assessment or if that assessment would be  
               appropriate for California.  (c) California may choose to  
               develop its own assessment, which could be a hybrid of NCSC  
               and CAPA, but would likely take 2-3 years to be fully  
               operational. 

          The State moved forward with the Smarter Balanced assessments  
               despite many concerns and risks.  The same approach should  
               be provided to the alternate assessment to provide  
               consistency and stability to students and schools, and to  
               facilitate compliance with Individuals with Disabilities  
               Education Act (IDEA).  Staff recommended amendments:  (a)  
               Require the administration of the NCSC field test in Spring  
               2015, without an option to administer the CAPA (therefore  
               there is no need to seek a federal waiver to avoid  
               double-testing).  (b) Require the full implementation of  
               the NCSC assessment in the 2015-16 school year.

           5)   Accountability  .  This bill requires the consortium  
               assessment administered in the 2014-15 school year to be a  
               field test only, for specified purposes, and prohibits the  
               field test and results from being used for any other  
               purpose, including the calculation of an accountability  
               measure.  This is consistent with respect to the Smarter  
               Balanced assessments, the results of which will not be used  
               for accountability until the 2015-16 school year.  








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           6)   Performance standards  .  This bill requires the field tests  
               to enable the consortium to gauge the validity and  
               reliability of the assessments and to conduct all necessary  
               psychometric procedures and studies, including setting  
               achievement standards.  The State Board of Education (SBE)  
               has historically had the role of developing performance  
               standards, but recently relinquished that role relative to  
               the Smarter Balanced assessments.  The SBE is required to  
               review performance standards every five years for  
               assessments other than the Smarter Balanced assessments.   
               The NCSC is expected to establish performance standards in  
               Fall 2015.

           7)   Technical amendments  . This bill requires the CDE to adopt  
               new alternate performance assessments in English language  
               arts and mathematics no later than the 2016-17 school year.  
                It is the role of the SBE, rather than the CDE, to adopt  
               assessments.  This bill should be amended to clarify that  
               the Superintendent is to identify an appropriate alternate  
               assessment and recommend its adoption, and the SBE is to  
               act upon that recommendation. 


               This bill provides for an alternate performance assessment  
               that measures the common core standards.  The  
               cross-reference to the section of the Education Code  
               specific to those standards should also include a reference  
               to the section relating to the revision of the common core  
               standards in mathematics
               (EC � 60605.11).

           8)   Fiscal impact  .  According to the Assembly Appropriations  
               Committee, the prior version of this bill would impose  
               minor absorbable costs to local education agencies to  
               reconvene individual educational program (IEP) teams and  
               modify IEP plans that specifically call for administration  
               of the CAPA.

           9)   Related legislation  .  AB 2600 (Bonilla) changes the name of  
               the State's assessment system, from the Measurement of  
               Academic Performance and Progress to the California  
               Assessment of Student Performance and Progress.  AB 2600 is  
               pending on the Senate Floor.








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           SUPPORT
           
          California School Boards Association
          California State PTA
          Mt. Diablo Unified School District Community Advisory Committee  
          for Special Education
          State SELPA Administrators of California
          Torrance Unified School District

           OPPOSITION

           None on current version.