Amended in Senate April 8, 2014

Senate Bill No. 945

Introduced by Senator begin delete Walters end delete begin insert Morrell end insert

February 5, 2014

begin delete An act to amend Section 31452 of the Government Code, relating to county employees’ retirement. end delete begin insert An act to amend Section 60640 of the Education Code, relating to pupil assessment. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 945, as amended, begin delete Walters end delete   begin insert Morrell end insert . begin delete County employees’ retirement. end delete begin insert Pupil assessment: California Assessment of Student Performance and Progress: history-social science. end insert

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Existing law establishes the Measurement of Academic Performance and Progress (MAPP), and, commencing with the 2013-14 school year, requires the MAPP to be 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 requires the Superintendent of Public Instruction, on or before March 1, 2016, to submit to the State Board of Education, the appropriate policy and fiscal committees of the Legislature, and the Director of Finance, recommendations on expanding the MAPP to include additional assessments, including assessments in history-social science, in accordance with specified requirements.

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This bill would change the name of the MAPP to the California Assessment of Student Performance and Progress (CAASPP). The bill would require the CAASPP, commencing with the 2018-19 school year, to also be composed of a summative assessment in history-social science that is adopted by the state board, as specified. The bill would require the recommendations of the Superintendent submitted to the state board, the appropriate policy and fiscal committees of the Legislature, and the Director of Finance to include a plan to implement a summative assessment in history-social science commencing with the 2018-19 school year.

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The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county and district employees. CERL exempts certain pension benefits and rights from taxation, limits their assignability, and provides that they are not subject to execution or other court process except in specified circumstances.

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This bill would make technical, nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 60640 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60640.  

(a) There is hereby established the begin delete Measurement end delete
begin insert California Assessment end insert of begin delete Academic end delete begin insert Student end insert Performance and
Progress, to be known as the begin delete MAPP. end delete begin insert CAASPP. end insert

(b) Commencing with the 2013-14 school year, the begin delete MAPP end delete
begin insert CAASPP end insert 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.

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(5) Commencing with the 2018-19 school year, a summative
assessment in history-social science, as adopted by the state board
in accordance with the recommendations made pursuant to
paragraph (3) of subdivision (c).

end insert begin delete

(5)

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begin insert (6) end insert  (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 begin delete section. end delete begin insert paragraph. end insert

(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 begin delete MAPP end delete
begin insert CAASPP end insert 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, begin delete history-social science, end delete
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.

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(3) The recommendations shall also include a plan to implement
a summative assessment in history-social science commencing
with the 2018-19 school year.

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(3)

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begin insert (4) end insert  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.

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(4)

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begin insert (5) end insert  The recommendations shall include a timeline for test
development, and shall include cost estimates for subject areas, as
appropriate.

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(5)

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begin insert (6) end insert  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 begin delete MAPP. end delete begin insert CAASPP. end insert 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 begin delete section. end delete
begin insert subdivision. end insert 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 begin delete MAPP end delete begin insert CAASPP end insert 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 begin delete (5) end delete begin insert (6) end insert of subdivision (c).

(h) As feasible, the begin delete MAPP end delete begin insert CAASPP end insert field tests shall be
conducted in a manner that will minimize the testing burden on
individual schools. The begin delete MAPP end delete begin insert CAASPP end insert 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 begin delete (5) end delete begin insert (6) end insert 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 begin delete MAPP end delete begin insert CAASPP end insert 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 begin delete MAPP, end delete begin insert CAASPP, end insert 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 begin delete MAPP, end delete begin insert CAASPP, end insert 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 begin delete MAPP end delete begin insert CAASPP end insert 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).

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SECTION 1.  

Section 31452 of the Government Code is
amended to read:

31452.  

The right of a person to a pension, annuity, retirement
allowance, return of contributions, the pension, annuity, or
retirement allowance, an optional benefit, any other right accrued
or accruing to a person under this chapter, the money in the fund
created or continued under this chapter or the California Public
Employees’ Pension Reform Act of 2013, and property purchased
for investment purposes pursuant to this chapter, are exempt from
taxation, including inheritance tax, whether state, county,
municipal, or district. They are not subject to execution or other
court process except to the extent permitted by Section 31603 of
this code and Section 704.110 of the Code of Civil Procedure, and
are unassignable except as specifically provided in this chapter.

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