BILL NUMBER: AB 2600 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2014
AMENDED IN ASSEMBLY MARCH 20, 2014
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. The bill would also update
cross-references and make clarifying and nonsubstantive changes.
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) "End of course examination"
"End-of-course examination" 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 research provided for in former
Section 49079.6, as it read on December 31, 2013,
researchers or research entities identified in subdivision (f) of
Section 49079.5 or subdivision (c) of Section 49079.7, as applicable,
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 adopted 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 primary
language 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
English-language English language 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 the 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 section subdivision 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
district local educational agency
participation in one or more tests per participant. Funds for this
purpose shall be utilized used to allow
for maximum participation in the field test
tests 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 those the
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 school districts local
educational agencies 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 number,
number and type of tests administered,
administered 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.
(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).
(d)
(e) 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.