BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 247
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          Date of Hearing:   June 26, 2013

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                       SB 247 (Liu) - As Amended:  May 24, 2013

           SENATE VOTE  :   27-11
           
          SUBJECT  :   Pupil Assessment

           SUMMARY  :   Reauthorizes the Standardized Testing and Reporting  
          (STAR) Program and eliminates grade 2 assessments from this  
          program.  Specifically,  this bill  :  


          1)Makes existing provisions of pupil assessment provisions  
            within the Education Code inoperative beginning July 1, 2014.


          2)Adds almost identical language to those provisions made  
            inoperative pursuant to (1) above, that renews the current  
            assessment system, with the exception of grade 2 assessments  
            and technical, non-substantive changes to these sections with  
            an operative date of July 1, 2014. 


          3)Requires the California Department of Education (CDE), by  
            November 1, 2014, to identify to school districts existing  
            assessments in language arts and mathematics that are aligned  
            to the Common Core State Standards and are appropriate for  
            diagnostic use by classroom teachers for use in grade 2.


          4)Specifies that the savings from the elimination of the grade 2  
            achievement assessments be used by local education agencies  
            (LEAs) should they choose to administer the grade 2 diagnostic  
            assessment.

           EXISTING LAW:
          Existing State Law  


          1)Requires the Superintendent of Public Instruction (SPI) to  
            design and implement a statewide pupil assessment program and  
            requires school districts, charter schools, and county offices  








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            of education to administer to each of its pupils in grades 2  
            to 11, inclusive, certain achievement tests, including a  
            standards-based achievement test pursuant to the STAR Program.

           Existing Federal Law

           1)The Elementary and Secondary Education Act (ESEA) requires  
            schools to demonstrate their success in terms of the academic  
            achievement of every student. 


          2)With academic content standards in place, states must test  
            every student's progress toward those standards by using  
            assessments that are aligned with the standards. Beginning in  
            the 2005-06 school year, tests in mathematics and reading had  
            to be administered every year in grades 3 through 8 and once  
            in grades 10 through 12. Beginning in the 2007-08 school year,  
            science achievement testing was also required. 


          3)Each state, school, and LEA is expected to make adequate  
            yearly progress (AYP) toward meeting state standards. Test  
            results are sorted to measure the progress of all students,  
            including students who are economically disadvantaged, are  
            from racial or ethnic subgroups, have disabilities, or have  
            limited English proficiency. 


          4)State, school, and LEA performance is publicly reported in the  
            School Accountability Report Cards (SARC). 


          5)If a Title I school or LEA fails to make AYP for two or more  
            consecutive years in specific areas, it is identified for  
            Program Improvement (PI). 


           FISCAL EFFECT  : According to the Senate Appropriations Committee,  
          this bill has the following fiscal effects:
           1)Eliminate Grade 2 assessment  .  Annual state savings of  
            approximately $2 million as follows: $1.2 million apportioned  
            to school districts for testing, and $800,000 in test  
            development costs.










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           2)Savings redirection (partial) . Redirects the $1.2 million in  
            savings back to school districts choosing to purchase and  
            administer diagnostic exams.


          COMMENTS  :    Background.  California's state assessment program is  
          comprised of three major testing components, the STAR Program,  
          the English language development test (the California English  
          Language Development Test (CELDT) is the adopted test), and a  
          high school exit examination (the California High School Exit  
          Examination (CAHSEE) is currently the designated test).  The  
          program also includes a number of smaller, more specialized  
          assessments.

          The STAR Program, initially authorized in 1997, requires testing  
          of students in English language arts, mathematics, science, and  
          history/social science at specified grade levels.  In 2003, the  
          California Standards Tests (CST) replaced a nationally published  
          test as the primary battery of STAR tests; the CSTs include only  
          questions written specifically for California's content  
          standards.  Today, the STAR Program includes the CSTs, the  
          California Alternate Performance Assessment (CAPA) administered  
          to students with significant cognitive disabilities, the  
          California Modified Assessment (CMA) administered to students  
          whose disabilities preclude them from achieving grade-level  
          proficiency on an assessment of the California content standards  
          with or without testing accommodations, and a national  
          norm-referenced test in Spanish that is administered to Spanish  
          speaking English learners who have been in school in the United  
          States less than 12 months or who are receiving instruction in  
          Spanish.  Results for STAR tests are reported for the individual  
          pupil, but no school, district, or state-wide accountability  
          attaches to these individual results; the state and federal  
          accountability systems are primarily based on the aggregated  
          STAR test scores from all pupils in a school or school district.  
           

          The State Board of Education (SBE) adopted common core academic  
          content standards in English language arts and mathematics on  
          August 2, 2010.  In 2011, the Legislature called for a  
          reauthorization of the statewide pupil assessment system that  
          contemplated the SPI's recommendations, alignment to the Common  
          Core State Standards, and the use of consortium developed  
          assessments. AB 250 (Brownley), Chapter 608, Statutes of 2011.   
          California is currently participating in the Summative  








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          Multi-state Assessment Resources for Teachers and Educational  
          Researchers (SMARTER) Balanced Consortium (SBAC).  SBAC is a  
          national consortium of 25 states that have been working  
          collaboratively to develop a student assessment system aligned  
          with the Common Core State Standards.  In time for  
          administration during the 2014-15 school year, SBAC will develop  
          an assessment system with the following major deliverables:

             1)   Online computer adaptive summative assessments. This  
               type of assessment can be used to describe student  
               achievement and growth of student learning as part of  
               program evaluation and school, district, and state  
               accountability systems. It will measure English language  
               arts and mathematics in grades 3 through 8 and grade 11  
               across the full range of the Common Core State Standards.  
               Because California's schools may struggle to transition to  
               an online computer adaptive system, the SBAC has ensured it  
               will make available a paper-and-pencil administration  
               option for the summative assessment available to states for  
               three years following the launch of the assessment system  
               (through 2016-17). The paper-and-pencil option is designed  
               to help bridge the transition to online assessments for  
               states where access to computers for test administration  
               remains a challenge in 2014-15.  

             2)   Optional interim and formative assessments that help  
               teachers identify the specific needs of each student so  
               they can help students progress toward being college and  
               career ready. 


             3)   Teacher involvement at all stages of item and test  
               development, including item writing, scoring, and design of  
               reporting systems. 


             4)   An online reporting system that provide educators access  
               to information about students' progress toward college and  
               career readiness as well as students' specific strengths  
               and weaknesses. 


           This bill  reauthorizes the STAR program as the statewide  
          assessment of academic achievement.  This bill does not,  
          however, specify which assessment must be used in order to  








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          fulfill the stated requirements.  Instead, this bill relies on  
          the SPI and the SBE to develop, adopt, and approve an assessment  
          instrument.  This bill permits, but does not require, the SPI  
          and SBE to adopt and approve the use of consortium developed  
          assessments, including the SBAC, as the assessment instrument.

           Elimination of Grade 2 Testing
           This bill eliminates the requirement for LEAs to administer  
          achievement assessments in Grade 2.  While ESEA does not require  
          testing of grade 2 pupils, California's STAR Program includes  
          assessments administered to pupils in grade 2 in English  
          language arts and mathematics.  This decision stemmed from the  
          concern that without grade 2 testing, parents and teachers will  
          not have this data sufficiently early in a pupil's educational  
          career in order to make adjustments to that student's  
          instruction. This bill continues to make available diagnostic  
          assessments for Grade 2 to address the concerns of those who  
          rely on these assessments as an indicator of the need for  
          adjustments to a pupil's educational program.  However, such an  
          assessment would no longer be provided by the state and LEAs  
          would be required to purchase these assessments at their own  
          expense.

           Related Legislation  
          AB 484 (Bonilla), pending in the Senate Education Committee,  
          extends authorization for the state's K-12 assessment system  
          from July 1, 2014, to January 1, 2024, renames it the California  
          Measurement of Academic Performance and Progress for the 21st  
          Century (CalMAPP21), suspends non-core subject area California  
          Standards Assessments (CSTs) administered under the Standardized  
          Testing and Reporting (STAR) program beginning in the 2013-14  
          school year, until new assessments addressing the Common Core  
          State Standards (CCSS) are developed and implemented.  This bill  
          differs from SB 247 in that it identifies the SBAC assessment as  
          the assessment that must be used to satisfy the requirements for  
          a statewide pupil assessment program.

          SB 490 (Jackson), pending in the Assembly Higher Education  
          Committee, encourages California State Universities  
          participating in the Early Assessment Program to sequence their  
          pre-collegiate level courses and transfer-level courses in  
          English language arts and mathematics to Common Core State  
          Standards.

           Previous Legislation








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           AB 250 (Brownley), Chapter 608, Statutes of 2011, extends the  
          operative date of the state's assessment system by one year, and  
          streamlines the assessment system so as to give the state  
          flexibility to adapt to changes in federal law and transition to  
          high-quality assessments that are aligned to the Common Core  
          State Standards.

          SB 1 5X (Steinberg) Chapter 2, Statutes of 2009-10, in relevant  
          part, establishes the Standards Commission to develop academic  
          content standards in reading/language arts and mathematics,  
          present recommended academic content standards to the SBE by  
          July 15, 2010, and requires the SBE to adopt or reject the  
          recommended standards by August 2, 2010.  

          SB 376 (Alpert), Chapter 828, Statutes of 1997, created the STAR  
          Program and authorized assessments in grades 2-11 until January  
          1, 2002. 

          SB 233 (Alpert), Chapter 722, Statutes of 2001, reauthorized the  
          STAR Program until January 1, 2005.

          SB 1448 (Alpert), Chapter 233, Statutes of 2004, reauthorized  
          the STAR Program until January 1, 2011, with the exception of  
          second grade testing which was to be phased out over a three  
          year period (until July 1, 2007).  

          AB 356 (Hancock) of 2004, among other things, would have  
          provided for a diagnostic assessment, rather than standardized  
          testing, in grade 2 as part of the STAR program.  AB 356 was  
          held on the Senate Floor (no vote was taken).

          SB 740 (Hancock) of 2011, eliminated the requirement for grade 2  
          STAR tests and required the CDE to make available to school  
          districts existing diagnostic assessments that are appropriate  
          for grade 2.   This bill was held on the Assembly Appropriations  
          Committee's suspense file.

          SB 800 (Hancock) of 2009, was nearly identical to SB 740  
          (Hancock) of 2011.  SB 800 failed passage in the Senate  
          Education Committee on a 4-5 vote on April 15, 2009. 

          AB 476 (Torlakson) of 2009, would have eliminated STAR testing  
          in the grade 2.  At the time of enrollment, AB 476 required the  
          Superintendent of Public Instruction to contract for an  
          independent evaluation of the STAR Program. AB 476 was vetoed by  








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          the Governor, whose veto message read:
                   The objectives of this bill are duplicative of  
                   work already being done by a variety of sources.  
                   Not only have there been reviews of California's  
                   standards and assessment system by the United  
                   States Department of Education's peer review  
                   process, the California Department of Education  
                   has a process which has included an independent  
                   alignment study and review of test items by  
                   various content and test development experts.  
                   Finally, this bill circumvents the State Board  
                   of Education in the selection of the independent  
                   evaluator and approving the evaluation and its  
                   recommendations.

          AB 1353 (Huff) of 2007, would have extended grade 2 assessments  
          to January 1, 2011, but was not heard.  

          SB 80 (Committee on Budget and Fiscal Review), Chapter 174,  
          Statutes of 2007, extended second grade testing until July 1,  
          2011.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Association of California School Administrators
          California Federation of Teachers
          EdVoice
          Public Advocates
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Jill Rice / ED. / (916) 319-2087