Bill Text: CA AB2296 | 2013-2014 | Regular Session | Amended
Bill Title: Pupil assessment: English learners: assessment of
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-01 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2296 Detail]
Download: California-2013-AB2296-Amended.html
BILL NUMBER: AB 2296 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Hagman
FEBRUARY 21, 2014
An act to amend Section 17515 60810
of the Education Code, relating to school districts
pupil assessment .
LEGISLATIVE COUNSEL'S DIGEST
AB 2296, as amended, Hagman. Public schools: school
facilities. Pupil assessment: English learners:
assessment of English language development.
Existing law requires the Superintendent of Public Instruction to
review existing tests that assess the English language development of
pupils whose primary language is a language other than English.
Existing law requires pupils in kindergarten and first grade to be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. Existing law requires an early
literacy assessment to be administered for a period of 4 years
beginning after the initial administration of the assessment or until
July 1, 2014, whichever occurs first.
This bill would instead require this early literacy assessment to
be administered for a period of 4 years beginning after the initial
administration of the assessment or until July 1, 2017, whichever
occurs last.
Existing law authorizes a school district to enter into leases and
agreements relating to real property and buildings to be used
jointly by the district and any private person, firm, local
government agency, as defined, or corporation, pursuant to specified
provisions.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60810 of the
Education Code , as amended by Section 5 of Chapter 478 of
the Statutes of 2013, is amended to read:
60810. (a) (1) The Superintendent shall review existing tests
that assess the English language development of pupils whose primary
language is a language other than English. The tests shall include,
but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills. The Superintendent
shall determine which tests, if any, meet the requirements of
subdivisions (b) and (c). If any existing test or series of tests
meets these criteria, the Superintendent, with approval of the state
board, shall report to the Legislature on its findings and
recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meets
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2000-01 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not 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.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. The early literacy assessment
shall be administered for a period of four years beginning after the
initial administration of the assessment or until July 1,
2014 2017 , whichever occurs first
last . Six months after the three administered
assessments are collected, but no later than June 30, 2013, the
department shall report to the Legislature on the administration of
the kindergarten and grade 1 early literacy assessment results, as
well as on the administrative process, in order to determine whether
reauthorization of the early literacy assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the test and procedures for
its administration are age and developmentally appropriate. Age and
developmentally appropriate procedures for administration may
include, but are not limited to, one-on-one administration, a small
group setting, and orally responding or circling a response to a
question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary
language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.
(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the test that measure English
language skills for which he or she has previously tested as advanced
within each appropriate grade span, as determined by the department
in accordance with paragraph (8) of subdivision (c).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
test that measure English language skills for which he or she has
previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented until the test
publisher's contract that is in effect on January 1, 2012, expires.
(4) This subdivision shall not be implemented unless and until the
department receives written documentation from the United States
Department of Education that implementation is permitted by federal
law.
(f) This section shall remain in effect only until the
Superintendent reports to the appropriate policy committees of the
Legislature pursuant to paragraph (2) of subdivision (h) of Section
60810 as added by the chapter that added this subdivision during the
2013-14 Regular Session, and as of January 1 of the following year,
this section is repealed.
SECTION 1. Section 17515 of the Education Code
is amended to read:
17515. (a) Any school district may enter into leases and
agreements relating to real property and buildings to be used jointly
by the district and any private person, firm, local governmental
agency, as defined in paragraph (3) of subdivision (f) of Section
4420 of the Government Code, or corporation pursuant to this article.
As used in this article, "building" includes onsite and offsite
facilities, utilities and improvements that, as agreed upon by the
parties, are appropriate for the proper operation or function of the
building to be occupied jointly by the district and the private
person, firm, or corporation. It also includes the permanent
improvement of school grounds.
(b) Any building, or portion thereof, that is used by a private
person, firm, local governmental agency, as defined in paragraph (3)
of subdivision (f) of Section 4420 of the Government Code, or
corporation pursuant to this section shall be subject to the zoning
and building code requirements of the local jurisdiction in which the
building is situated.
(c) Section 53094 of the Government Code does not apply to uses of
school district property or buildings authorized by this section,
except in the case of property or buildings used solely for
educational purposes.
