Amended in Senate June 11, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2600

Introduced by Assembly Member Bonilla

February 21, 2014

An act to amend Sections 60603, 60604, 60607, 60611, 60630, 60640, 60641, 60643, 60643.6, and 60648 of, and to amend the heading of Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4 of Title 2 of, the Education Code, relating to pupil assessment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2600, as amended, Bonilla. Pupil assessment: California Assessment of Student Performance and Progress.

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

This bill would change the name of the MAPP to the California Assessment of Student Performance and Progress (CAASPP), and would make conforming changes. begin insert The bill would also update cross-references and make clarifying and nonsubstantive changes. end insert

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

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

SECTION 1.  

Section 60603 of the Education Code is amended
to read:

60603.  

As used in this chapter:

(a) “Achievement level descriptors” means a narrative
description of the knowledge, skills, and processes expected of
pupils at different grade levels and at different performance levels
on achievement tests.

(b) “Achievement test” means any summative standardized test
that measures the level of performance that a pupil has achieved
on state-adopted content standards.

(c) “California Assessment of Student Performance and Progress
(CAASPP)” means the comprehensive assessment system,
inclusive of consortium-developed assessments, that has the
primary purpose of modeling and promoting high-quality teaching
and instruction using a variety of assessment approaches and item
types.

(d) “Census administration” means a test administration in which
all pupils take comparable assessments of the same content and
where results of individual performance are appropriate and
meaningful to parents, pupils, and teachers.

(e) “Computer-adaptive assessment” means a computer-based
test that utilizes a computer program to adjust the difficulty of test
items throughout a testing session based on a test taker’s responses
to previous test items during that testing session.

(f) “Computer-based assessment” means a test administered
using an electronic computing device.

(g) “Consortium” means a multistate collaborative organized
to develop a comprehensive system of assessments or formative
tools such as described in Section 60605.7.

(h) “Constructed-response questions” means a type of
assessment item that requires pupils to construct their own answers.

(i) “Content standards” means the specific academic knowledge,
skills, and abilities that all public schools in this state are expected
to teach, and all pupils are expected to learn, in reading, writing,
mathematics, history-social science, foreign languages, visual and
performing arts, and science, at each grade level tested.

(j) “Diagnostic assessment” means an assessment of particular
knowledge or skills a pupil has or has not yet achieved for the
purpose of informing instruction and making placement decisions.

(k)  begin delete “End of course examination” end delete begin insert “End-of-course examination” end insert
means a comprehensive and challenging assessment of pupil
achievement in a particular subject area or discipline.

(l) “Field test” means an assessment or assessment items
administered to a representative sample of a population to ensure
that the test or item produces results that are valid, reliable, and
fair.

(m) “Formative assessment tools” means assessment tools and
processes that are embedded in instruction and used by teachers
and pupils to provide timely feedback for purposes of adjusting
instruction to improve learning.

(n) “High-quality assessment” means an assessment designed
to measure a pupil’s knowledge of, understanding of, and ability
to apply, critical concepts through the use of a variety of item types
and formats, including, but not necessarily limited to, items that
allow for constructed responses and items that require the
completion of performance tasks. A high-quality assessment should
have the following characteristics:

(1) Enable measurement of pupil achievement and pupil growth
to the extent feasible.

(2) Be of high technical quality by being valid, reliable, fair,
and aligned to standards.

(3) Incorporate technology where appropriate.

(4) Include the assessment of pupils with disabilities and English
learners.

(5) Use, to the extent feasible, universal design principles, as
defined in Section 3 of the federal Assistive Technology Act of
1998 (29 U.S.C. Sec. 3002) in its development and administration.

(o) “Interim assessment” means an assessment that is designed
to be given at regular intervals throughout the school year to
evaluate a pupil’s knowledge and skills relative to a specific set
of academic standards, and produces results that can be aggregated
by course, grade level, school, or local educational agency in order
to inform teachers and administrators at the pupil, classroom,
school, and local educational agency levels.

(p) “Local educational agency” means a county office of
education, school district, state special school, or direct-funded
charter school as described in Section 47651.

(q) “Matrix sampling” means administering different portions
of a single assessment to different groups of pupils for the purpose
of sampling a broader representation of content and reducing
testing time.

(r) “Performance standards” are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established. Performance
standards gauge the degree to which a pupil has met the content
standards and the degree to which a school or school district has
met the content standards.

(s) “Performance tasks” are a collection of questions or activities
that relate to a single scenario that include pupil interaction with
stimulus. Performance tasks are a means to assess more complex
skills such as writing, research, and analysis.

(t) “Personally identifiable information” includes a pupil’s name
and other direct personal identifiers, such as the pupil’s
identification number. Personally identifiable information also
includes indirect identifiers, such as the pupil’s address and
personal characteristics, or other information that would make the
pupil’s identity easily traceable through the use of a single or
multiple data sources, including publicly available information.

(u) “Population sampling” means administering assessments to
a representative sample of pupils instead of the entire pupil
population. The sample of pupils shall be representative in terms
of various pupil subgroups, including, but not necessarily limited
to, English learners and pupils with disabilities.

(v) “Recently arrived English learner” means a pupil designated
as an English learner who is in his or her first 12 months of
attending a school in the United States.

(w) “State-determined assessment calendar” means the
scheduling of assessments, exclusive of those subject area
assessments listed in subdivision (b) of Section 60640, over several
years on a predetermined schedule. Content areas and grades shall
only be assessed after being publicly announced at least two school
years in advance of the assessment.

(x) “Summative assessment” means an assessment designed to
be given near the end of the school year to evaluate a pupil’s
knowledge and skills relative to a specific set of academic
standards.

SEC. 2.  

Section 60604 of the Education Code is amended to
read:

60604.  

(a) The Superintendent shall design and implement,
consistent with the timetable and plan required pursuant to
subdivision (b), a statewide pupil assessment system consistent
with the testing requirements of this article in accordance with the
objectives set forth in Section 60602.5. That system shall include
all of the following:

(1) Exclusive of the consortium assessments, a plan for
producing or adopting valid, fair, and reliable achievement tests
as recommended by the Superintendent and adopted by the state
board pursuant to the California Assessment of Student
Performance and Progress (CAASPP) established by Article 4
(commencing with Section 60640).

(2) A plan for administering the consortium summative
assessment as outlined by the joint agreement of the consortium.

(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and complex skills that pupils
will need in order to succeed in the information-based, global
economy of the 21st century. These skills shall not include personal
behavioral standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.

(4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted
by the state board.

(5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.

(6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members
of school districts, business community members, institutions of
higher education, and the public in all phases of the design and
implementation of the statewide pupil assessment system.

(7) A plan for ensuring the security and integrity of the CAASPP
assessments.

(8) The development of a contract or contracts with a contractor
for the development or administration of achievement tests and
performance tasks aligned to state-adopted content standards,
including summative assessments or assessments that employ
matrix sampling or population sampling methods.

(b) The Superintendent shall develop and annually update for
the Legislature a five-year cost projection, implementation plan
for the CAASPP, and a timetable for implementing the system
described in Section 60640. The annual update shall be submitted
on or before March 1 of each year to the Department of Finance,
the state board, and the respective chairpersons of the appropriate
fiscal subcommittees considering budget appropriations and the
appropriate policy committees in each house. The update shall
explain any significant variations from the five-year cost projection
for the current year budget and the proposed budget.

(c) The Superintendent shall make resources available that are
designed to assist with the interpretation and use of the CAASPP
results to promote the use of the results for purposes of improving
pupil learning and educational programs across the full curriculum.
The Superintendent shall consider information already provided
by assessment consortia to which California belongs or assessment
contractors when fulfilling this requirement.

(d) The Superintendent shall make information and resources
available to parents, teachers, pupils, administrators, school board
members, and the public regarding the CAASPP, including, but
not necessarily limited to, system goals, purposes, scoring systems,
results, valid uses of assessments, and information on the
relationship between performance on the previous state assessments
and the CAASPP.

(e) The Superintendent and the state board shall consider
comments and recommendations from teachers, administrators,
pupil representatives, institutions of higher education, and the
public in the development, adoption, and approval of assessment
instruments.

(f) The results of the achievement tests, exclusive of the
consortium summative assessments, administered pursuant to
Article 4 (commencing with Section 60640), shall be returned to
the local educational agencies within the period of time specified
by the state board.

SEC. 3.  

Section 60607 of the Education Code is amended to
read:

60607.  

(a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results
of the achievement test required and administered annually as part
of the California Assessment of Student Performance and Progress
(CAASPP), or any predecessor assessments, established pursuant
to Article 4 (commencing with Section 60640), results of
end-of-course examinations he or she has taken, and the vocational
education certification examinations he or she chose to take.

(b) It is the intent of the Legislature that local educational
agencies and schools use the results of the academic achievement
tests administered annually as part of the CAASPP to provide
support to pupils and parents or guardians in order to assist pupils
in strengthening their development as learners, and thereby to
improve their academic achievement and performance in
subsequent assessments.

(c) (1) Except for begin delete research provided for in former Section
49079.6, as it read on December 31, 2013, end delete begin insert researchers or research
entities identified in subdivision (f) of Section 49079.5 or
subdivision (c) of Section 49079.7, as applicable, end insert a pupil’s results
or a record of accomplishment shall be private, and may not be
released to any person, other than the pupil’s parent or guardian
and a teacher, counselor, or administrator directly involved with
the pupil, without the express written consent of either the parent
or guardian of the pupil if the pupil is a minor, or the pupil if the
pupil has reached the age of majority or is emancipated.

(2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational
institution for the purpose of credit, placement, or admission.

(B) Notwithstanding paragraph (1), the results of an individual
pupil on the CAASPP may be released to a postsecondary
educational institution for the purpose of credit, placement, or
admission.

SEC. 4.  

Section 60611 of the Education Code is amended to
read:

60611.  

A local educational agency, district superintendent of
schools, or principal or teacher of any elementary or secondary
school, including a charter school, shall not carry on any program
for the sole purpose of test preparation of pupils for the statewide
pupil assessment system or a particular test used in the statewide
pupil assessment system. Nothing in this section prohibits the use
of materials to familiarize pupils with item types or the
computer-based testing environment used in the California
Assessment of Student Performance and Progress.

SEC. 5.  

Section 60630 of the Education Code is amended to
read:

60630.  

(a) The Superintendent shall prepare and submit, and
subsequently post on the Internet Web site of the department, an
annual report to the state board containing an analysis of the results
and test scores of the summative assessments administered pursuant
to Section 60640. The Superintendent shall notify the state board
and the appropriate policy and fiscal committees of the Legislature
that the annual report is available on the Internet Web site of the
department.

(b) The Superintendent shall post a periodic update on the
implementation of the California Assessment of Student
Performance and Progress on the Internet Web site of the
department, and notify the state board and the appropriate policy
and fiscal committees of the Legislature that the update is available
on the Internet Web site of the department.

SEC. 6.  

The heading of Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 of Division 4 of Title 2 of the Education Code is amended to read:

 

Article 4.  California Assessment of Student Performance and
Progress

 

SEC. 7.  

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 begin insert adopted end insert 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.

(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, which measures content standards
adopted pursuant to Section 60605 until a successor assessment
is implemented. The successor assessment shall be limited to the
grades and subject areas assessed pursuant to paragraph (1) and
subparagraph (B) of paragraph (2).

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

(5) (A) The department shall 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. The cost for
the begin insert primary language end insert 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.

(B) 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,
at its own expense, and shall enter into an agreement for that
purpose with the testing contractor. If the local educational agency
chooses to administer a primary language assessment pursuant to
this paragraph, the department shall reimburse the local educational
agency for its costs, including a per pupil apportionment to
administer the assessment pursuant to subdivision (l). The
department shall determine the procedures for reimbursement.

(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 begin delete English-language end delete begin insert English language end insert 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) 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:

(1) 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.

(2) 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.

(3) The recommendations shall include the use of an assessment
calendar that would schedule the assessments identified pursuant
to paragraph (2) over several years, the use of matrix sampling, if
appropriate, and the use of population sampling.

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

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

(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 begin delete section end delete begin insert subdivision end insert 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 begin delete district end delete
begin insert local educational agency end insert participation in one or more tests per
participant. Funds for this purpose shall be begin delete utilized end delete begin insert used end insert to allow
for maximum participation in the field begin delete test end delete begin insert tests end insert 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.

(g) From the funds available for that purpose, each local
educational agency shall administer assessments as determined by
the state board pursuant to paragraph (5) 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) The governing board of a school district may administer a
primary language assessment aligned to the English language arts
standards adopted pursuant to Section 60605 to a pupil identified
as limited English proficient enrolled in any of grades 2 to 11,
inclusive, who either receives instruction in his or her primary
language or has been enrolled in a school in the United States for
less than 12 months 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 (5) of subdivision (b). If the governing board
of a school district chooses to administer this assessment, it shall
notify the department in a manner determined by 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 begin delete those end delete begin insert the end insert 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 (4) 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 begin delete school districts end delete begin insert local
educational agencies end insert 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 begin delete number, end delete
begin insert number and end insert type of tests begin delete administered, end delete begin insert administered end insert 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).

SEC. 8.  

Section 60641 of the Education Code is amended to
read:

60641.  

(a) The department shall ensure that local educational
agencies comply with each of the following requirements:

(1) The achievement tests provided for in Section 60640 are
scheduled to be administered to all pupils, inclusive of pupils
enrolled in charter schools and exclusive of pupils exempted
pursuant to Section 60640, during the period prescribed in
subdivision (b) of Section 60640.

(2) For assessments that produce valid individual pupil results,
the individual results of each pupil tested pursuant to Section 60640
shall be reported, in writing, to the parent or guardian of the pupil.
The report shall include a clear explanation of the purpose of the
test, the score of the pupil, and the intended use by the local
educational agency of the test score. This subdivision does not
require teachers or other local educational agency personnel to
prepare individualized explanations of the test score of each pupil.
It is the intent of the Legislature that nothing in this section shall
preclude a school or school district from meeting the reporting
requirement by the use of electronic media formats that secure the
confidentiality of the pupil and the pupil’s results. State agencies
or local educational agencies shall not use a comparison resulting
from the scores and results of the California Assessment of Student
Performance and Progress (CAASPP) assessments and the
assessment scores and results from assessments that measured
previously adopted content standards.

(3) (A) For assessments that produce valid individual pupil
results, the individual results of each pupil tested pursuant to
Section 60640 also shall be reported to the school and teachers of
a pupil. The local educational agency shall include the test results
of a pupil in his or her pupil records. However, except as provided
in this section and Section 60607, personally identifiable pupil test
results only may be released with the permission of either the
pupil’s parent or guardian if the pupil is a minor, or the pupil if
the pupil has reached the age of majority or is emancipated.

(B) Notwithstanding subparagraph (A) and pursuant to
subdivision (c) of Section 60607, a pupil or his or her parent or
guardian may authorize the release of individual pupil results to a
postsecondary educational institution for the purpose of credit,
placement, determination of readiness for college-level coursework,
or admission.

(4) The districtwide, school-level, and grade-level results of the
CAASPP in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the
countywide, school-level, and grade-level results for classes and
programs under the jurisdiction of the county office of education
shall be similarly reported to the county board of education at a
regularly scheduled meeting.

(b) The state board shall adopt regulations that outline a calendar
for delivery and receipt of summative assessment results at the
pupil, school, grade, district, county, and state levels. The calendar
shall include delivery dates to the department and to local
educational agencies. The calendar for delivery shall provide for
the timely return of assessment results, and consider the amount
of paper-and-pencil administered assessments and number of items
requiring hand scoring. The calendar shall also ensure that
individual assessment results are reported to local educational
agencies within eight weeks of receipt by the contractor for scoring.

(c) Aggregated, disaggregated, or group scores or reports that
include the results of the CAASPP assessments, inclusive of the
reports developed pursuant to Section 60630, shall not be publicly
reported to any party other than the school or local educational
agency where the pupils were tested, if the aggregated,
disaggregated, or group scores or reports are comprised of 10 or
fewer individual pupil assessment results. Exclusive of the reports
developed pursuant to Section 60630, in no case shall any group
score or report be displayed that would deliberately or inadvertently
make the score or performance of any individual pupil or teacher
identifiable.

begin insert

(d) For researchers or research entities identified in subdivision
(f) of Section 49079.5 or subdivision (c) of Section 49079.7, as
applicable, the CAASPP scores and results may be released only
in compliance with federal and state privacy laws, including, but
not limited to, the federal Family Educational Rights and Privacy
Act of 2001 (20 U.S.C. Sec. 1232g).

end insert begin delete

(d)

end delete

begin insert (e) end insert  The department shall ensure that pupils in grade 11, or
parents or legal guardians of those pupils, may request results from
grade 11 assessments administered as part of the CAASPP for the
purpose of determining credit, placement, or readiness for
college-level coursework be released to a postsecondary
educational institution.

SEC. 9.  

Section 60643 of the Education Code is amended to
read:

60643.  

(a) Notwithstanding any other law, the contractor or
contractors of the achievement tests provided for in Section 60640
shall comply with all of the conditions and requirements of the
contract to the satisfaction of the Superintendent and the state
board.

(b) (1) The department shall develop, and the Superintendent
and the state board shall approve, a contract or contracts to be
entered into with a contractor in connection with the test provided
for in Section 60640. The department may develop the contract
through negotiations. In approving a contract amendment to the
contract authorized pursuant to this section, the department, in
consultation with the state board, may make material amendments
to the contract that do not increase the contract cost. Contract
amendments that increase contract costs may only be made with
the approval of the department, the state board, and the Department
of Finance.

(2) For purposes of the contracts authorized pursuant to this
subdivision, the department is exempt from the requirements of
Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code and from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code. The department shall use a
competitive and open process utilizing standardized scoring criteria
through which to select a potential administration contractor or
contractors for recommendation to the state board for consideration.
The state board shall consider each of the following criteria:

(A) The ability of the contractor to produce valid and reliable
scores.

(B) The ability of the contractor to report accurate results in a
timely fashion.

(C) Exclusive of the consortium assessments, the ability of the
contractor to ensure technical adequacy of the tests, inclusive of
the alignment between the California Assessment of Student
Performance and Progress tests and the state-adopted content
standards.

(D) The cost of the assessment system.

(E) The ability and proposed procedures to ensure the security
and integrity of the assessment system.

(F) The experience of the contractor in successfully conducting
statewide testing programs in other states.

(3) The contracts shall include provisions for progress payments
to the contractor for work performed or costs incurred in the
performance of the contract. Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided
for in each contract shall be withheld pending final completion of
all component tasks by that contractor. The total amount withheld
pending final completion shall not exceed 10 percent of the total
contract price for that fiscal year.

(4) The contracts shall require liquidated damages to be paid
by the contractor in the amount of up to 10 percent of the total cost
of the contract for any component task that the contractor through
its own fault or that of its subcontractors fails to substantially
perform by the date specified in the agreement.

(5) The contracts shall establish the process and criteria by
which the successful completion of each component task shall be
recommended by the department and approved by the state board.

(6) The contractors shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task
and the expected date of the invoice for each completed component
task.

(7) The contract or contracts subject to approval by the
Superintendent and the state board under paragraph (1) and exempt
under paragraph (2) shall specify the following component tasks,
as applicable, that are separate and distinct:

(A) Development of new tests or test items.

(B) Test materials production or publication.

(C) Delivery or electronic distribution of test materials to local
educational agencies.

(D) Test processing, scoring, and analyses.

(E) Reporting of test results to the local educational agencies,
including, but not necessarily limited to, all reports specified in
this section.

(F) Reporting of valid and reliable test results to the department,
including, but not necessarily limited to, the following electronic
files:

(i) Scores aggregated statewide, and by county, school district,
school, and grade.

(ii) Disaggregated scores based on English proficiency status,
gender, ethnicity, socioeconomic disadvantage, foster care status,
and special education designation.

(G) All other analyses or reports required by the Superintendent
to meet the requirements of state and federal law and set forth in
the agreement.

(H) Technology services to support the activities listed in
subparagraphs (A) to (G), inclusive.

(I) Perform regular performance checks and load simulations
to ensure the integrity and robustness of the technology system
used to support the activities listed in subparagraphs (A) to (G),
inclusive.

SEC. 10.  

Section 60643.6 of the Education Code is amended
to read:

60643.6.  

A local educational agency shall be reimbursed by
the contractor selected pursuant to this article for any unexpected
expenses incurred due to scheduling changes that resulted from
the late delivery of testing materials in connection with the
California Assessment of Student Performance and Progress.

SEC. 11.  

Section 60648 of the Education Code is amended to
read:

60648.  

Exclusive of consortium summative assessments, the
Superintendent shall recommend, and the state board shall adopt,
performance standards on the California Assessment of Student
Performance and Progress summative tests administered pursuant
to this article. The performance levels shall identify and establish
the minimum performance required for meeting a particular
achievement level expectation. Once adopted, these standards shall
be reviewed by the state board every five years to determine
whether adjustments are necessary.