Bill Text: CA AB484 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pupil assessments: Measurement of Academic Performance and Progress (MAPP).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-10-02 - Chaptered by Secretary of State - Chapter 489, Statutes of 2013. [AB484 Detail]
Download: California-2013-AB484-Amended.html
Bill Title: Pupil assessments: Measurement of Academic Performance and Progress (MAPP).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-10-02 - Chaptered by Secretary of State - Chapter 489, Statutes of 2013. [AB484 Detail]
Download: California-2013-AB484-Amended.html
BILL NUMBER: AB 484 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2013
AMENDED IN SENATE JULY 3, 2013
AMENDED IN SENATE JUNE 17, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 17, 2013
INTRODUCED BY Assembly Member Bonilla
( Coauthor: Senator
Steinberg )
FEBRUARY 19, 2013
An act to amend Sections 52052, 60601, 60602,
60603, 60604, 60607, 60610, 60611, 60612, 60614,
60630, 60640, 60640.2, 60641,
60642.5, 60643, 60648, 99300, and 99301 of, to amend the
heading of Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33 of Division 4 of Title 2 of, to amend and repeal Section
60602 of, to add Sections 60602.5, 60640.3,
60642.6, 60642.7, 60642.8, 60643.6,
and 60648.5 to, to repeal Sections 60605.5, 60606, 60643.1, 60643.5,
and 60645 of, and to repeal, add, and repeal Section 60649 of, the
Education Code, relating to pupil assessments, and declaring
the urgency thereof, to take effect immediately.
assessments.
LEGISLATIVE COUNSEL'S DIGEST
AB 484, as amended, Bonilla. Pupil assessments:
California Measurement of Academic Performance and Progress
for the 21st Century (CalMAPP21). (MAPP).
(1) Existing
Existing law requires the Superintendent of Public Instruction,
with the approval of the State Board of Education, to develop an
Academic Performance Index (API) to measure the performance of
schools and school districts, especially the academic performance of
pupils.
Existing law, the Leroy Greene California Assessment of
Academic Achievement Act, requires the Superintendent of
Public Instruction to design and implement a statewide
pupil assessment program, and requires school districts, charter
schools, and county offices 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
Standardized Testing and Reporting (STAR) Program and the
California Standards Tests . Existing law makes the Leroy
Greene California Assessment of Academic Achievement Act inoperative
on July 1, 2014, and repeals it on January 1, 2015.
Existing federal law, the No Child Left Behind Act of 2001,
contains provisions generally requiring states to adopt performance
goals for their public elementary and secondary schools, and to
demonstrate that these public schools are making adequate yearly
progress, as measured by pupil performance on standardized tests as
well as other measures, to satisfy those goals.
Existing law requires the Superintendent, with approval of the
state board, to develop the California Standards Tests, to measure
the degree to which pupils are achieving academically rigorous
content standards and performance standards, as provided.
Existing law, the Early Assessment Program, establishes a
collaborative effort, headed by the California State University, to
enable pupils to learn about their readiness for college-level
English and mathematics before their senior year of high school.
This bill would revise and recast numerous statutes relating to
pupil assessment. The bill would establish the California Measurement
of Academic Performance and Progress for the 21st Century
(CalMAPP21), which would succeed the STAR Program, and specify
procedures and policies for CalMAPP21. These provisions would become
inoperative on July 1, 2024, and would be repealed on January 1,
2025, except for a specified reporting provision, which would become
inoperative and be repealed one year later.
This bill would provide that, notwithstanding any other laws,
commencing with the 2013-14 school year, the administration of
assessments required as part of the STAR Program would be suspended,
except for those assessments in the core subjects necessary to
satisfy the adequate yearly progress requirements of the federal No
Child Left Behind Act of 2001 in grades 3 to 8, inclusive, and grade
10, and those assessments augmented for use as part of the Early
Assessment Program in grade 11, until new assessments addressing the
common core state standards are developed and implemented.
This bill would, for the 2013-14 and 2014-15 school years, upon
approval of the state board, authorize the Superintendent to not
provide an API score to a school or school district due to a
determination by the Superintendent that a transition to new
standards-based assessments would compromise comparability of results
across schools or school districts.
The bill would extend the duration of the provisions of the Leroy
Greene California Assessment of Academic Achievement Act by 6 years
so that they would become inoperative on July 1, 2020, and be
repealed on January 1, 2021.
The bill would delete the provisions establishing the STAR
Program, and instead establish 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 bill would specify that the MAPP would be 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. The bill would specify numerous
policies and procedures with respect to the development and the
implementation of the MAPP by the Superintendent, the state board,
and affected local educational agencies.
This bill would, commencing with the 2014-15 school year and for
purposes of the Early Assessment Program, authorize the replacement
of the California Standards Test and the augmented California
Standards Tests in English language arts and mathematics with the
grade 11 consortium computer-adaptive assessments in English language
arts and mathematics, as provided.
This bill would incorporate additional changes in Section 99301 of
the Education Code, proposed by SB 490, to be operative only if SB
490 and this bill are chaptered and become effective on or before
January 1, 2014, and this bill is chaptered last.
This bill would make conforming and other related changes and
nonsubstantive changes.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52052 of the
Education Code is amended to read:
52052. (a) (1) The Superintendent, with approval of the state
board, shall develop an Academic Performance Index (API), to measure
the performance of schools and school districts, especially the
academic performance of pupils.
(2) A school or school district shall demonstrate comparable
improvement in academic achievement as measured by the API by all
numerically significant pupil subgroups at the school or school
district, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English learners.
(D) Pupils with disabilities.
(E) Foster youth.
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that consists of at least 30 pupils, each of
whom has a valid test score.
(B) Notwithstanding subparagraph (A), for a subgroup of pupils who
are foster youth, a numerically significant pupil subgroup is one
that consists of at least 15 pupils.
(C) For a school or school district with an API score that is
based on no fewer than 11 and no more than 99 pupils with valid test
scores, numerically significant pupil subgroups shall be defined by
the Superintendent, with approval by the state board.
(4) (A) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
(B) The Superintendent, with the approval of the state board, may
also incorporate into the API the rates at which pupils successfully
promote from one grade to the next in middle school and high school,
and successfully matriculate from middle school to high school.
(C) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
(i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be three school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (ii).
(ii) The number of pupils entering grade 9 for the first time in
the school year three school years before the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was three school years before the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.
(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be four school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (iv).
(iv) The number of pupils entering grade 9 for the first time in
the school year four years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was four
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be five school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (vi).
(vi) The number of pupils entering grade 9 for the first time in
the school year five years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was five
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(D) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:
(i) Schools and school districts shall be granted
one-half the credit in their API scores for graduating pupils in five
years that they are granted for graduating pupils in four years.
(ii) Schools and school districts shall be granted one-quarter the
credit in their API scores for graduating pupils in six years that
they are granted for graduating pupils in four years.
(iii) Notwithstanding clauses (i) and (ii), schools and school
districts shall be granted full credit in their API scores for
graduating in five or six years a pupil with disabilities who
graduates in accordance with his or her individualized education
program.
(E) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the high
school exit examination administered pursuant to Section 60851, when
fully implemented, shall be disaggregated by special education
status, English learners, socioeconomic status, gender, and ethnic
group. Only the test scores of pupils who were counted as part of the
enrollment in the annual data collection of the California Basic
Educational Data System for the current fiscal year and who were
continuously enrolled during that year may be included in the test
result reports in the API score of the school.
(F) (i) Commencing with the baseline API calculation in 2016, and
for each year thereafter, results of the achievement test and other
tests specified in subdivision (b) shall constitute no more than 60
percent of the value of the index for secondary schools.
(ii) In addition to the elements required by this paragraph, the
Superintendent, with approval of the state board, may incorporate
into the index for secondary schools valid, reliable, and stable
measures of pupil preparedness for postsecondary education and
career.
(G) Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index for primary schools and middle schools.
(H) It is the intent of the Legislature that the state's system of
public school accountability be more closely aligned with both the
public's expectations for public education and the workforce needs of
the state's economy. It is therefore necessary that the
accountability system evolve beyond its narrow focus on pupil test
scores to encompass other valuable information about school
performance, including, but not limited to, pupil preparedness for
college and career, as well as the high school graduation rates
already required by law.
(I) The Superintendent shall annually determine the accuracy of
the graduation rate data. Notwithstanding any other law, graduation
rates for pupils in dropout recovery high schools shall not be
included in the API. For purposes of this subparagraph, "dropout
recovery high school" means a high school in which 50 percent or more
of its pupils have been designated as dropouts pursuant to the
exit/withdrawal codes developed by the department or left a school
and were not otherwise enrolled in a school for a period of at least
180 days.
(J) To complement the API, the Superintendent, with the approval
of the state board, may develop and implement a program of school
quality review that features locally convened panels to visit
schools, observe teachers, interview pupils, and examine pupil work,
if an appropriation for this purpose is made in the annual Budget
Act.
(K) The Superintendent shall annually provide to local educational
agencies and the public a transparent and understandable explanation
of the individual components of the API and their relative values
within the API.
(L) An additional element chosen by the Superintendent and the
state board for inclusion in the API pursuant to this paragraph shall
not be incorporated into the API until at least one full school year
after the state board's decision to include the element into the
API.
(b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
(1) The standards-based achievement tests provided for in Section
60642.5.
(2) The high school exit examination.
(c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (d), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
(d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target.
(e) (1) A school or school district with 11 to 99 pupils with
valid test scores shall receive an API score with an asterisk that
indicates less statistical certainty than API scores based on 100 or
more test scores.
(2) A school or school district annually shall receive an API
score, unless the Superintendent determines that an API score would
be an invalid measure of the performance of the school or school
district for one or more of the following reasons:
(A) Irregularities in testing procedures occurred.
(B) The data used to calculate the API score of the school or
school district are not representative of the pupil population at the
school or school district.
(C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
(E) Insufficient pupil participation in the assessments included
in the API.
(F) A transition to new standards-based assessments compromises
comparability of results across schools or school districts. The
Superintendent may use the authority in this subparagraph in the
2013-14 and 2014-15 school years only, with approval of the state
board.
(3) If a school or school district has fewer than 100 pupils with
valid test scores, the calculation of the API or adequate yearly
progress pursuant to the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.) and federal regulations may be calculated
over more than one annual administration of the tests administered
pursuant to Section 60640 and the high school exit examination
administered pursuant to Section 60851, consistent with regulations
adopted by the state board.
(4) For entities that do not have an API calculated pursuant to
subparagraph (F) of paragraph (2), the most recent API calculation,
or an average of the three most recent annual API calculations,
whichever is greater, shall be used to satisfy statutory requirements
requiring an API calculation. For entities that do not have a prior
API calculation, other information on academic performance shall be
used to satisfy statutory requirements necessitating an API
calculation.
(f) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(g) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
(h) For purposes of this section, county offices of education
shall be considered school districts.
SEC. 2. Section 60601 of the Education
Code is amended to read:
60601. This chapter shall become inoperative on July 1,
2014, 2020, and as of January 1, 2015,
2021, is repealed, unless a later enacted
statute that is enacted before January 1, 2015,
2021, deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 3. Section 60602 of the Education
Code is amended to read:
60602. (a) It is the intent of the Legislature in enacting this
chapter to provide a system of individual assessment of pupils that
has the primary purpose of assisting teachers, administrators,
pupils, and pupils and their
parents, parents to improve teaching and
learning. In order to accomplish these goals, the Legislature finds
and declares that California should adopt a coordinated and
consolidated testing program to do all of the following:
(1) First and foremost, provide information on the academic status
and progress of individual pupils to those pupils, their parents,
and their teachers. This information should be designed to assist in
the improvement of teaching and learning in California public
classrooms. The Legislature recognizes that, in addition to statewide
assessments that will occur as specified in this chapter, school
districts will conduct additional ongoing pupil diagnostic assessment
and provide information regarding pupil performance based on those
assessments on a regular basis to parents or guardians and schools.
The Legislature further recognizes that local diagnostic assessment
is a primary mechanism through which academic strengths and
weaknesses are identified.
(2) Develop and adopt a set of statewide academically rigorous
content standards and performance standards in all major subject
areas to serve as the basis for assessing the academic achievement of
individual pupils, as well as for schools, school districts, and for
the California education system as a whole. The performance
standards shall be designed to lead to specific grade level
benchmarks of academic achievement for each subject area tested
within each grade level level, and
shall be based on the knowledge and skills that pupils will need in
order to succeed in the information-based, global economy of the 21st
century.
(3) Ensure that all assessment procedures, items, instruments, and
scoring systems are independently reviewed to ensure that they meet
high standards of statistical reliability and validity
validity, and that they do not use procedures,
items, instruments, or scoring practices that are racially,
culturally, or gender biased.
(4) Provide information to pupils, parents or guardians, teachers,
schools, and school districts on a timely basis so that the
information can be used to further the development of the pupil and
to improve the educational program.
(5) Develop assessments that are comparable to the National
Assessment of Educational Progress and other national and
international assessment efforts, so that California's local and
state test results are reported in a manner that corresponds to the
national test results. Test results should be reported in terms
describing a pupil's academic performance in relation to the
statewide academically rigorous content and performance standards
adopted by the State Board of Education state
board and in terms of employment skills possessed by the
pupil, in addition to being reported as numerical or percentile
scores.
(6) Assess pupils for a broad range of academic skills and
knowledge including both basic academic skills and the ability of
pupils to apply those skills.
(7) Include an appropriate balance of types of assessment
instruments, including, but not limited to, multiple choice
questions, short answer questions, and assessments of applied
academic skills.
(8) Minimize the amount of instructional time devoted to
assessments administered pursuant to this chapter.
(b) It is the intent of the Legislature, pursuant to this article,
to begin a planning and implementation process to enable the
Superintendent of Public Instruction to accomplish
the goals set forth in this section as soon as feasible.
(c) It is the intent of the Legislature that parents, classroom
teachers, other educators, governing board members of school
districts, and the public be involved, in an active and ongoing
basis, in the design and implementation of the statewide pupil
assessment program and the development of assessment instruments.
(d) It is the intent of the Legislature, insofar as is practically
feasible and following the completion of annual testing, that the
content, test structure, and test items in the assessments that are
part of the Standardized Testing and Reporting Program become open
and transparent to teachers, parents, and pupils, to assist all the
stakeholders in working together to demonstrate improvement in pupil
academic achievement. A planned change in annual test content,
format, or design , should be made available to
educators and the public well before the beginning of the school year
in which the change will be implemented.
(e) It is the intent of the Legislature that the results of the
California Standards Tests be available for use, after appropriate
validation, academic credit, or placement and admissions processes,
or both, at postsecondary educational institutions.
(f) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 60602.5 is added to the
Education Code , to read:
60602.5. (a) It is the intent of the Legislature in enacting this
chapter to provide a system of assessments of pupils that has the
primary purposes of assisting teachers, administrators, and pupils
and their parents; improving teaching and learning; and promoting
high-quality teaching and learning using a variety of assessment
approaches and item types. The assessments, where applicable and
valid, will produce scores that can be aggregated and disaggregated
for the purpose of holding schools and local educational agencies
accountable for the achievement of all their pupils in learning the
California academic content standards. The system includes
assessments or assessment tools for multiple grade levels that cover
the full breadth and depth of the curriculum and promote the teaching
of the full curriculum. In order to accomplish these goals, the
Legislature finds and declares that California should adopt a
coordinated and consolidated testing system to do all of the
following:
(1) Develop and adopt a set of statewide academically rigorous
content standards in all major subject areas to serve as the basis
for modeling and promoting high-quality teaching and learning
activities across the entire curriculum and assessing the academic
achievement of pupils, as well as for schools, school districts, and
for the California education system as a whole. Exclusive of those
assessments established by a multistate consortium, produce
performance standards to be adopted by the state board designed to
lead to specific grade level benchmarks of academic achievement for
each subject area tested within each grade level based on the
knowledge, skills, and processes that pupils will need in order to
succeed in the information-based, global economy of the 21st century.
(2) Provide information and resources to schools and local
educational agencies to assist with the selection of local benchmark
assessments, diagnostic assessments, and formative tools aligned with
the state-adopted California academic content standards. The
Legislature recognizes the importance of local tools and assessments
used by schools and local educational agencies to monitor pupil
achievement and to identify individual pupil strengths and
weaknesses. The Legislature further recognizes the role the state may
play in leveraging resources to provide schools and local
educational agencies with information and tools for use at their
discretion.
(3) Ensure that all assessment procedures, items, instruments,
scoring systems, and results meet high standards of statistical
reliability and validity, and that they do not use procedures, items,
instruments, or scoring practices that are racially, culturally,
socioeconomically, or gender biased.
(4) Provide information to pupils, parents and guardians,
teachers, schools, and local educational agencies on a timely basis
so the information can be used to further the development of the
pupil or to improve the educational program. The Legislature
recognizes that the majority of the assessments in the system will
generate individual pupil scores that will provide information on
pupil achievement to pupils, their parents or guardians, teachers,
schools, and local educational agencies. The Legislature further
recognizes that some assessments in the system may solely generate
results at the school, school district, county, or state level for
purposes of improving the education program and promoting the
teaching and learning of the full curriculum.
(5) When administered as a census administration, results should
be reported in terms describing a pupil's academic performance in
relation to the statewide academically rigorous content and
performance standards and in terms of college and career readiness
skills possessed by the pupil, in addition to being reported as a
numerical. When appropriate, the reports should include a measure of
growth that describes a pupil's current status in relation to past
performance.
(6) Where feasible, administer assessments via technology to
enhance the assessment of challenging content using innovative item
types and to facilitate expedited scoring.
(7) Minimize the amount of instructional time devoted to
assessments administered pursuant to this chapter. It is the intent
of the Legislature that any redundancies in statewide testing be
eliminated as soon as is feasible.
(b) It is the intent of the Legislature, pursuant to this article,
to initiate planning for the implementation process to enable the
Superintendent to accomplish the goals set forth in this section as
soon as feasible.
(c) It is the intent of the Legislature that parents, classroom
teachers, other educators, pupil representatives, institutions of
higher education, business community members, and the public be
involved, in an active and ongoing basis, in the design and
implementation of the statewide pupil assessment system and the
development of assessment instruments. The Legislature recognizes the
important role that these stakeholders play in the success of the
statewide pupil assessment system and the importance of providing
them with information and resources about the new statewide system
including the goals and appropriate uses of the system.
(d) It is the intent of the Legislature, insofar as is practically
and fiscally feasible and following the completion of annual
testing, that the content, test structure, and test items in the
assessments that are part of the statewide pupil assessment system
become open and transparent to teachers, parents, and pupils, to
assist stakeholders in working together to demonstrate improvement in
pupil academic achievement. A planned change in annual test content,
format, or design should be made available to educators and the
public well before the beginning of the school year in which the
change will be implemented.
(e) It is the intent of the Legislature that the results of the
statewide pupil assessments be available for use, after appropriate
validation, for academic credit, or placement and admissions
processes, or both, at postsecondary educational institutions.
(f) This section shall become operative on July 1, 2014.
SEC. 5. 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.
(a)
(b) "Achievement test" means any summative
standardized test that measures the level of performance that a pupil
has achieved in the core curriculum areas.
on state-adopted content standards.
(b) "Assessment of applied academic skills" means a form of
assessment that requires pupils to demonstrate their knowledge of,
and ability to apply, academic knowledge and skills in order to solve
problems and communicate. It may include, but is not limited to,
writing an essay response to a question, conducting an experiment, or
constructing a diagram or model. An assessment of applied academic
skills may not include assessments of personal behavioral standards
or skills, including, but not limited to, honesty, sociability,
ethics, or self-esteem.
(c) "Basic academic skills" means those skills in the subject
areas of reading, spelling, written expression, and mathematics that
provide the necessary foundation for mastery of more complex
intellectual abilities, including the synthesis and application of
knowledge.
(c) "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.
(d) "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.
(e) "Computer-based assessment" means a test administered using an
electronic computing device.
(f) "Consortium" means a multistate collaborative organized to
develop a comprehensive system of assessments or formative tools such
as described in Section 60605.7.
(g) "Constructed-response questions" means a type of assessment
item that requires pupils to construct their own answers.
(d)
( h) "Content standards" means the specific
academic knowledge, skills, and abilities that all public schools in
this state are expected to teach teach,
and all pupils are expected to learn
learn, in each of the core curriculum areas
reading, writing, mathematics, history-social science,
foreign languages, visual and performing arts, and science ,
at each grade level tested.
(e) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
(f) "Diagnostic assessment" means interim assessments of the
current level of achievement of a pupil that serves both of the
following purposes:
(1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
(2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
(g) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
(i) "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.
(h)
( j) "End of course exam" means a
comprehensive and challenging assessment of pupil achievement in a
particular subject area or discipline.
(k) "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.
(i)
( l ) "Formative
assessment" assessment tools" means assessment
tools and processes that are embedded in instruction and are
used by teachers and pupils to provide timely feedback for
purposes of adjusting instruction to improve learning.
(j)
( m) "High-quality assessment" means an
assessment designed to measure a pupil's knowledge of, understanding
of, and ability to apply apply,
critical concepts through the use of a variety of item types and
formats, including, but not necessarily limited to, items
that allow for open-ended constructed
responses and items that require the completion of
performance-based 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.
(k)
( n) "Interim assessment" means an assessment
that is d esigned to be given at regular
and specified intervals throughout the school
year, is designed 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.
(o) "Local educational agency" means a county office of education,
school district, state special school, or direct-funded charter
school as described in Section 47651.
(p) "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.
(q) "Measurement of Academic Performance and Progress (MAPP)"
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.
(l)
( 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.
(m) "Publisher" means a commercial publisher or any other public
or private entity, other than the department, which is able to
provide tests or test items that meet the requirements of this
chapter.
(n) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in grades 2 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment of basic academic
skills and applied academic skills, administered to pupils in grade
levels specified in subdivision (c) of Section 60605, required by
this chapter in all schools within each school district by means of
tests designated by the state board.
(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. 6. 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 program
system consistent with the testing requirements
of this article in accordance with the objectives set forth in
Section 60602. 60602.5. That
program system shall include all of the
following:
(1) A Exclusive of the consortium
assessments, a plan for producing or adopting valid,
reliable, and comparable individual pupil scores in grades 2
to 11, inclusive, and a comprehensive analysis of these scores based
on the results of the achievement test designated by the state board
that assesses a broad range of basic academic skills pursuant to the
Standardized Testing and Reporting (STAR) Program
fair, and reliable achievement tests as recommended by the
Superintendent and adopted by the state board pursuant to the
Measurement of Academic Performance and Progress (MAPP)
established by Article 4 (commencing with Section 60640).
(2) A method of working with publishers to ensure valid,
reliable, and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 2 to 11,
inclusive. plan for administering the consortium
summative assessment as outlined by the joint agree ment
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
program. system .
(7) A plan for ensuring the security and integrity of the MAPP
assessments.
(7)
( 8) The development of a contract or
contracts with a publisher or publishers, after the approval
of statewide academically rigorous content standards by the state
board, for the development of performance standards and assessments
of applied academic skills designed to test pupils' knowledge of
academic skills and abilities to apply that knowledge and those
skills in order to solve problems and communicate.
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, plan for the MAPP, and a
timetable for implementing the program system
described in subdivision (a). Section
60640 . The annual update shall be submitted on or
before March 1 of each year to the chairperson
Department of Finance, the state board, and the
respective chairpersons of the appropriate fiscal
subcommittee 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 provide each school district
with guidelines for professional development that are designed to
assist classroom teachers to use the results of the assessments
administered pursuant to this chapter to modify instruction for the
purpose of improving pupil learning. These guidelines shall be
developed in consultation with classroom teachers and approved by the
state board before dissemination. make resources
available that are designed to assist with the interpretation and use
of the MAPP 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 MAPP, 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 MAPP.
(d)
( e) The Superintendent and the state board
shall consider comments and recommendations from school
districts teachers, administrators, pupil
representatives, institutions of higher education, and the
public in the development, adoption, and approval of assessment
instruments.
(e)
( f) The results of the achievement
test tests, exclusive of the consortium summative
assessments, administered pursuant to Article 4 (commencing
with Section 60640) 60640), shall be
returned to the school district local
educational agencies within the period of time specified by the
state board.
SEC. 7. Section 60605.5 of the
Education Code is repealed.
60605.5. (a) On or before November 15, 2001, the State Board of
Education shall adopt a performance standards system that includes
the following components:
(1) Performance levels.
(2) Performance level descriptors.
(3) Test administration data from the applicable State Board of
Education adopted tests.
(4) Exemplars of pupil performance that exemplify the content and
performance standards.
(b) The State Board of Education shall ensure that the
performance standards system is aligned to the state's academically
rigorous content standards.
SEC. 8. Section 60606 of the Education
Code is repealed.
60606. (a) After adopting an assessment of applied academic
skills for use in grades 4, 5, 8, and 10 pursuant to Section 60605,
the state board shall submit the instrument, once designated or
adopted, for review by the Statewide Pupil Assessment Review Panel,
which is hereby established.
(b) The panel shall consist of six members. Three members shall be
appointed by the Governor, one member shall be appointed by the
Senate Committee on Rules, one member shall be appointed by the
Speaker of the Assembly, and one member shall be appointed by the
Superintendent. A majority of the panel shall consist of parents
whose children attend public schools in the state in kindergarten and
grades 1 to 12, inclusive.
(c) Panel members shall serve two-year terms, without
compensation. No panel member shall serve more than two consecutive
terms.
(d) The panel shall review the instrument specified in subdivision
(a) in order to ensure that the content of the instrument complies
with the requirements of Section 60614. Notwithstanding any other
provision of law, the panel may meet in closed session with a
publisher for the purpose of addressing questions and clarifying
issues that relate to ensuring that the content of the publisher's
test or assessment, as the case may be, complies with the
requirements of Section 60614.
(e) The panel shall report its findings and recommendations to the
state board within 10 days of its receipt of the instrument. If the
panel fails to report within the required 10 days, the test or
assessment shall be deemed acceptable to the panel.
SEC. 9. 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 Standardized Testing and Reporting (STAR) Program
Measurement of Academic Performance and Progress
(MAPP), or any predecessor assessments, established pursuant to
Article 4 (commencing with Section 60640), results of end-of-course
exams he or she has taken, and the vocational education certification
exams he or she chose to take.
(b) It is the intent of the Legislature that school
districts local educational agencies and schools
use the results of the academic achievement tests administered
annually as part of the statewide pupil assessment program
MAPP 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) Any pupil Except for research
provided for in Section 49079.6, 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 purposes purpose of credit,
placement, or admission.
(B) Notwithstanding paragraph (1), the results of an individual
pupil on the California Standards Test MAPP
may be released to a postsecondary educational institution for
the purposes purpose of credit,
placement, or admission.
SEC. 10. Section 60610 of the Education
Code is amended to read:
60610. At the request of the State Board of Education,
state board, and in accordance with rules and
regulations that the state board may adopt, each county
superintendent of schools shall cooperate with and assist school
districts and charter schools under his or her
jurisdiction in carrying out the testing programs of those
school districts and charter schools and
other duties imposed on school districts by this chapter.
SEC. 11. Section 60611 of the Education
Code is amended to read:
60611. (a) A city, county, city and county,
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 of specific for the sole purpose
of test preparation of pupils for the statewide pupil
assessment program system or a
particular test used therein. 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 Measurement of
Academic Performance and Progress.
(b) A city, county, city and county, district superintendent of
schools, principal, or a teacher of an elementary or secondary
school, including a charter school, may use instructional materials
provided by the department or its agents in the academic preparation
of pupils for the statewide pupil assessment if those instructional
materials are embedded in an instructional program that is intended
to improve pupil learning.
SEC. 12. Section 60612 of the Education
Code is amended to read:
60612. Upon adoption or approval of assessments pursuant to this
chapter, the Superintendent of Public Instruction
shall prepare prepare, and make
available to parents, teachers, pupils, administrators, school board
members, and the public public, easily
understood materials , in accordance with
subdivisions (c) and (d) of Section 60604, describing the
nature and purposes of the assessments, the systems of scoring, and
the valid uses to which the assessments will be put.
The Superintendent shall produce the materials for parents in
languages other than English in accordance with Section 48985. It is
the intent of the Legislature that the department utilize the
clearinghouse for multilingual documents to meet this requirement.
The Superintendent shall consider information already provided by
assessment consortia of which California is a member or assessment
contractors when fulfilling this requirement.
SEC. 13. 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 Legislature and the state
board containing an analysis of the results and test scores of the
assessment of applied academic skills adopted pursuant to
subdivision (b) of Section 60605. The report simultaneously shall be
made available in an electronic medium on the Internet. The analysis
may include, but need not be limited to, the following factors:
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 Measurement of Academic 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.
(1) Financial characteristics, including specially funded
programs.
(2) Pupil and parent characteristics.
(3) Staff characteristics.
(4) Instructional methodologies and materials.
(b) School districts shall submit to the department whatever
information the department deems necessary to carry out this section.
SEC. 14. 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. Standardized Testing and Reporting Program
Measurement of Academic Performance and Progress
SEC. 15. Section 60640 of the Education
Code is amended to read:
60640. (a) There is hereby established the Standardized
Testing and Reporting Program, to be known as the STAR Program.
Measurement of Academic Performance and Progress, to
be known as the MAPP.
(b) Commencing with the 2013-14 school year, the MAPP 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 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 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 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 MAPP 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 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 MAPP. 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 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 MAPP 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.
(b)
(f) (1) From the funds
available for that purpose, each school district, charter
school, and county office of education local
educational agency shall administer assessments to
each of its pupils in grades 2 to 11, inclusive, the
standards-based achievement test provided for in Section 60642.5.
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, except as necessary to
ensure test security and to meet the final filing date.
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
.
(c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils within the testing
period established by the state board in subdivision (b).
(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
participation in one or more tests per participant. Funds for this
purpose shall be utilized to allow for maximum participation in the
field test 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 MAPP field tests shall be conducted in a
manner that will minimize the testing burden on individual schools.
The MAPP field tests shall not produce individual pupil scores unless
it is determined that these scores are valid and reliable.
(d)
( i) The governing board of the
a school district may administer achievement
tests in grades other than those required by subdivision (b)
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.
(e)
( k) Pursuant to Section 1412(a)
(17) 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 individuals with exceptional needs who are
unable to participate in the testing, even with accommodations,
shall be given an alternate assessment.
(f) (1) At the option of the school district, pupils with limited
English proficiency who are enrolled in any of grades 2 to 11,
inclusive, may take a second achievement test in their primary
language. Primary language tests administered pursuant to this
subdivision and subdivision (g) shall be subject to the requirements
of subdivision (a) of Section 60641. These primary language tests
shall produce individual pupil scores that are valid and reliable.
(2) Notwithstanding any other law, the state board shall designate
for use, as part of this program, a single primary language test in
each language for which a test is available for grades 2 to 11,
inclusive, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified in Section
60643, as applicable.
(3) (A) The department shall use funds made available pursuant to
Title VI of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.) and appropriated by the annual Budget Act for the
purpose of developing and adopting primary language assessments that
are aligned to the state academic content standards. Subject to the
availability of funds, primary language assessments shall be
developed and adopted for reading/language arts and mathematics in
the dominant primary language of limited-English-proficient pupils.
The dominant primary language shall be determined by the count in the
annual language census of the primary language of each
limited-English-proficient pupil enrolled in the California public
schools.
(B) Once a dominant primary language assessment is available for
use for a specific grade level, it shall be administered in place of
the assessment designated pursuant to paragraph (1) for that grade
level.
(C) In choosing a contractor to develop a primary language
assessment the state board shall consider the criteria for choosing a
contractor or test publisher as specified by Section 60643, and as
specified by Section 60642.5, as applicable.
(D) Subject to the availability of funds, the assessments shall be
developed in grade order starting with the lowest grade subject to
the STAR Program.
(E) If the state board contracts for the development of primary
language assessments or test items to augment an existing assessment,
the state shall retain ownership rights to the assessment and the
test items. With the approval of the state board, the department may
license the test for use in other states subject to a compensation
agreement approved by the Department of Finance.
(F) On or before January 1, 2006, the department shall submit to
the Legislature a report on the development and implementation of the
initial primary language assessments and recommendations on the
development and implementation of future assessments and funding
requirements.
(g) A pupil identified as limited English proficient pursuant to
the administration of a test made available pursuant to Section 60810
who is enrolled in any of grades 2 to 11, inclusive, and 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
shall be required to take a test in his or her primary language if a
test is available.
(h)
(l) (1) The Superintendent shall apportion funds
to school districts to enable school districts
appropriated for these purposes to local educational agencies to
enable them to meet the requirements of subdivisions
(b), (e), (f), and (g). (b) and (c) .
(A) For the MAPP 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 school districts local
educational agencies for each test administered and annually
shall establish the amount that each publisher
contractor shall be paid for each test administered under
the agreements contracts required
pursuant to Section 60643. The amounts to be paid to the
publishers contractors shall be determined by
considering the cost estimates submitted by each publisher
contractor each September and the amount
included in the annual Budget Act, and by making allowance for the
estimated costs to school districts for compliance with the
requirements of subdivisions (b), (e), (f), and (g).
(b) and (c). The state board shall take into account
changes to local educational agency test administration activities
under the MAPP, including, but not limited to, the number, type of
tests 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.
(i)
(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 (h) (l) , and the
payments made to the publishers 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.
(j)
(n) As a condition to receiving an apportionment
pursuant to subdivision (h) (l) , a
school district local educational agency
shall report to the Superintendent all of the following:
(1) The number of pupils enrolled in the
school district in grades 2 to 11, inclusive.
local educational agency in the grades in which assessments were
administered pursuant to subdivisions (b) and (c).
(2) The number of pupils to whom an achievement
test was administered in grades 2 to 11, inclusive, in the
school district. pursuant to subdivisions (b) and (c)
in the local educational agency.
(3) The number of pupils in paragraph (1) who
were exempted from the test at the request of their parents
or guardians. pursuant to this section .
(k)
(o) The Superintendent and the state board are
authorized and encouraged to assist postsecondary educational
institutions to use the assessment results of the California
Standards Tests, MAPP, including, but not
necessarily limited to, the augmented California
Standards Tests, grade 11 consortium summative
assessments in English language arts and mathematics, for
academic credit, placement, or admissions processes.
(l) The
(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 standard-based achievement
tests pursuant to Section 60642.5 administered in previous years.
The 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 MAPP 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. 16. Section 60641 of the Education
Code is amended to read:
60641. (a) The department shall ensure that school
districts local educational agencies comply with
each of the following requirements:
(1) The standards-based achievement
test tests provided for in Section
60642.5 is 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) The For assessments that produce valid
individual pupil results, the individual results of
each pupil test administered tested
pursuant to Section 60640 shall be reported, in writing, to the
parent or guardian of the pupil. The written
report shall include a clear explanation of the purpose of the test,
the score of the pupil, and the intended use by the school
district local educational agency of the test
score. This subdivision does not require teachers or other
school district 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 Measurement
of Academic Performance and Progress (MAPP) assessments and the
assessment scores and results from assessments that measured
previously adopted content standards.
(3) (A) The For assessments that produce
valid individual pupil results, the individual results of each
pupil test administered tested pursuant
to Section 60640 also shall be reported to the school and teachers
of a pupil. The school district local
educational agency shall include the test results of a pupil in
his or her pupil records. However, except as provided
in this section, individual
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), (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
STAR Program MAPP 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 publisher of the standards-based achievement tests
provided for in Section 60642.5 shall make the individual pupil,
grade, school, school district, and state results available to the
department pursuant to paragraph (9) of subdivision (a) of Section
60643 by August 8 of each year in which the achievement test is
administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25. The
department shall make the grade, school, school district, and state
results available on the Internet by August 15 of each year in which
the achievement test is administered for those schools for which the
last day of test administration, including makeup days, is on or
before June 25.
(c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).
(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 MAPP 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 those entities described in clauses (i) and (iii) of
subparagraph (B) of paragraph (3) of subdivision (c) of Section
49079.6, the MAPP scores and results shall be released pursuant to
the process outlined in paragraph (3) of subdivision (c) of Section
49079.6.
(d)
( e) The department shall ensure that
a California Standards Test that is augmented for the
purpose of determining credit, placement, or readiness for
college-level coursework of a pupil in a postsecondary educational
institution inform a pupil in grade 11 that he or she may request
that the results from that assessment pupils in grade
11, or parents or legal guardians of those pupils, may request
results from grade 11 assessments administered as part of the MAPP
for the purpose of determining credit, placement, or readiness for
college-level coursework be released to a postsecondary
educational institution.
SEC. 17. Section 60642.6 is added to the
Education Code , to read:
60642.6. The department shall acquire, and offer at no cost to
local educational agencies, interim and formative assessment tools
for kindergarten and grades 1 to 12, inclusive, as provided through
the consortium membership pursuant to Section 60605.7.
SEC. 18. Section 60643 of the Education
Code is amended to read:
60643. (a) To be eligible for consideration under Section 60642.5
by the state board, test publishers shall agree in writing each year
to meet the following requirements, as applicable, if selected:
(1) Enter into an agreement, pursuant to subdivision (e) or (f),
with the department by October 15 of that year.
(2) Align the standards-based achievement test provided for in
Section 60642.5 to the academically rigorous content and performance
standards adopted by the state board.
(3) Comply with subdivisions (c) and (d) of Section 60645.
(4) Provide valid and reliable individual pupil scores to parents
or guardians, teachers, and school administrators.
(5) Provide valid and reliable aggregate scores to school
districts and county boards of education in all of the following
forms and formats:
(A) Grade level.
(B) School level.
(C) District level.
(D) Countywide.
(E) Statewide.
(F) Comparison of statewide scores relative to other states.
(6) Provide disaggregated scores, based on
limited-English-proficient status and nonlimited-English-proficient
status. For purposes of this section, pupils with
"nonlimited-English-proficient status" shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils. These
scores shall be provided to school districts and county boards of
education in the same forms and formats listed in paragraph (5).
(7) Provide disaggregated scores by pupil gender and ethnicity and
provide disaggregated scores based on whether pupils are
economically disadvantaged or not. These disaggregated scores shall
be in the same forms and formats as listed in paragraph (5). In any
one year, the disaggregation shall entail information already being
collected by school districts, county offices of education, or
charter schools.
(8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law. These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section shall not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
(9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the department and the state board in the medium requested by
each entity, respectively.
(b) It is the intent of the Legislature that the publisher work
with the Superintendent and the state board in developing a
methodology to disaggregate statewide scores as required in
paragraphs (6) and (7) of subdivision (a), and in determining which
variable indicated on the STAR testing document shall serve as a
proxy for "economically disadvantaged" status pursuant to paragraph
(7) of subdivision (a).
(c) Access to information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section. School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income. This chapter does not abridge or deny rights to
confidentiality contained in the federal Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
state and federal law that protect the confidentiality of information
collected by educational institutions.
(d)
60643. ( a) Notwithstanding any
other law, the publisher contractor or
contractors of the standards-based
achievement test tests provided for in
Section 60642.5 or any contractor under subdivision (f)
60640 shall comply with all of the conditions
and requirements enumerated in subdivision (a), as
applicable, of the contract to the satisfaction
of the Superintendent and the state board.
(e) (1) A publisher shall not provide a test described in Section
60642.5 or 60650 or in subdivision (f) of Section 60640 for use in
California public schools, unless the publisher enters into a written
contract with the department as set forth in this subdivision.
(2)
(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 publisher pursuant to paragraph (1).
contractor in connection with the test provided for in
Section 60640 . The department may develop the
contract through negotiations with the publisher.
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.
(3)
( 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 Measurement of Academic Performance and
Progress (MAPP) 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.
(4)
( 3) The contracts shall include provisions
for progress payments to the publisher
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 publisher. contractor
. The total amount withheld pending final
completion shall not exceed 10 percent of the total contract price
for that fiscal year .
(5)
( 4) The contracts shall require liquidated
damages to be paid by the publisher
contractor in the amount of up to 10 percent of the total cost
of the contract for any component task that the publisher
contractor through its own fault or that of its
subcontractors fails to substantially perform by the date specified
in the agreement.
(6)
( 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.
(7)
( 6) The publishers
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.
(8)
( 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 as required by
paragraph (2) of subdivision (a). items.
(B) Test materials production or publication.
(C) Delivery or electronic distribution of test
materials to school districts local
educational agencies .
(D) Test processing, scoring, and analyses.
(E) Reporting of test results to the school districts,
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 required pursuant
to this section. 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.
(9) The contracts shall specify the specific reports and data
files, if any, that are to be provided to school districts by the
publisher and the number of copies of each report or file to be
provided.
(10) The contracts shall specify the means by which any delivery
date for materials to each school district shall be verified by the
publisher and the school district.
(11) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
contracts specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 to 11, inclusive. Any separate agreement is not within
the scope of the contract specified in this subdivision.
(f) The department, with approval of the state board, may enter
into a separate contract for the development or administration of a
test authorized pursuant to this part, including, but not limited to,
item development, coordination of tests, assemblage of tests or test
items, scoring, or reporting. The liquidated damages provision set
forth in paragraph (5) of subdivision (e) shall apply to a contract
entered into pursuant to this subdivision.
SEC. 19. Section 60643.1 of the
Education Code is repealed.
60643.1. (a) (1) The test publisher designated by the state board
pursuant to Section 60642 shall make available a reading list on the
Internet by June 1 of the applicable school year. The reading list
shall include an index that correlates ranges of pupil reading scores
on the English language arts portion of the achievement test
designated pursuant to Section 60642 to titles of materials that
would be suitable for pupils in each of grades 2 to 11, inclusive, to
read in order to improve their reading skills. This reading list
shall include titles of books that allow a pupil to practice reading
at his or her current reading level and that will assist the pupil in
achieving a higher level of proficiency. To the extent possible, the
index also shall include information related to the subject matter
of each title. At a minimum, the reading list also shall categorize
titles by subject matter and identify age-appropriate distinctions in
the list.
(2) The test publisher, in each school year, shall make available
for purchase by school districts a report that provides a numerical
distribution of the reading scores of all pupils in California who
took the achievement test designated pursuant to Section 60642.
(3) The test publisher, in each school year, shall make available
for purchase by school districts reading lists that can be
distributed to pupils based on a pupil's age and the ranges of scores
on the English language arts portion of the achievement test
designated pursuant to Section 60642.
(4) The requirements of this subdivision shall become operative
only upon a determination by the Director of Finance that funds are
available to make an adjustment pursuant to subdivision (h) of
Section 60640.
(b) The state board and the Superintendent jointly shall certify
that the process used by the publisher to determine the reading
levels of the corresponding reading list pursuant to paragraph (1) of
subdivision (a) meets the following criteria:
(1) The process is educationally valid.
(2) The process results in a reading list for each reading span
that provides titles at the pupil's current reading level and the
next higher level for challenging practice.
(3) The process results in a selection from the universe of titles
from the list developed pursuant to subdivision (d) that matches
each reading level.
(4) The process is unbiased in the selection of publishers' titles
from the legal compliance list.
(c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a), at a minimum, shall include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1 of Part 33, and the titles listed in all of the
content area reading and literature lists that are developed and
published by the department and that have been determined by the
department to meet the relevant reading level as certified pursuant
to subdivision (b).
(d) By imposing the requirements of this section on publishers, it
is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section or
of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.
SEC. 20. Section 60643.5 of the
Education Code is repealed.
60643.5. (a) A school shall be reimbursed by the test publisher
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 STAR Program.
(b) The State Department of Education shall monitor and report to
the State Board of Education regarding the publisher's production,
processing, and delivery system to ensure that a timely delivery of
testing materials to all schools occurs during the 1999-2000 testing
cycle.
SEC. 21. Section 60643.6 is added to the
Education Code , 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 Measurement
of Academic Performance and Progress.
SEC. 22. Section 60645 of the Education
Code is repealed.
60645. (a) The panel established pursuant to Section 60606 shall
review the standards-based achievement test provided for in Section
60642.5 and items identified in subdivision (d) for compliance with
Section 60614.
(b) Test questions or test content identified by the panel to be
out of compliance with Section 60614 shall be recommended for
deletion or replacement pursuant to subdivision (e) of Section 60606.
(c) The state board shall ensure that any question or content not
in compliance with Section 60614 is deleted from the standards-based
achievement test provided for in Section 60642.5.
(d) If necessary to maintain the requirements of Section 60642.5,
the publisher shall replace deleted test content with revisions that
comply with Section 60614 as required by the state board pursuant to
subdivision (c).
SEC. 23. Section 60648 of the Education
Code is amended to read:
60648. The Exclusive of consortium
summative assessments, the Superintendent
of Public Instruction shall recommend, and the
State Board of Education state board shall
adopt, levels of pupil performance standards
on achievement the Measurement of
Academic Performance and Progress summative tests administered
pursuant to this article in reading, English language arts,
and mathematics at each grade level. article.
The performance levels shall identify and establish the
level of performance that is deemed to be the minimum level required
for satisfactory performance in the next grade. These levels of
performance shall only be adopted after the standards-based
achievement tests have been aligned, pursuant to paragraph (2) of
subdivision (a) of Section 60643, to the content and performance
standards adopted by the State Board of Education pursuant to
subdivision (a) of Section 60605. 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 .
SEC. 24. Section 60648.5 is added to the
Education Code , to read:
60648.5. (a) The first full administration of assessments aligned
to the common core standards in English language arts and
mathematics shall occur in the 2014-15 school year unless the state
board determines that the assessments cannot be fully implemented.
(b) The department shall determine how school districts are
progressing toward implementation of a technology-enabled assessment
system, and the extent to which the assessments aligned to the common
core standards in English language arts and mathematics can be fully
implemented. The department shall provide a report and
recommendations to the state board, the Department of Finance, and
the appropriate fiscal and policy committees of the Legislature on or
before October 1, 2014.
(c) Based on the information in the report required under this
section, the state board shall determine whether the state shall
fully implement the operational consortium computer-adaptive
summative assessments in English language arts and mathematics in
grades 3 to 8, inclusive, and grade 11 for the 2014-15 school year.
SEC. 25. Section 60649 of the Education
Code is repealed.
60649. On or before March 1, 2001, the Superintendent of Public
Instruction and the State Board of Education shall report to the
Legislature and the Governor on the status of implementation of this
chapter. The report shall include, but not be limited to, the
following:
(a) Description of the actions taken to ensure full coverage of
academic content standards in assessments developed pursuant to this
chapter.
(b) Identification of the types of test items designed to measure
applied academic skills, as defined in subdivision (b) of Section
60603.
(c) The means by which the Superintendent of Public
Instruction and the State Board of Education determine assessments
are valid, reliable, and provide consistent year-to-year comparisons
of student progress, consistent with nationally recognized and
accepted test construction and implementation methodologies, as
applicable.
(d) Recommendations to improve the state's assessment system,
identifying related costs or savings, and increases or decreases in
testing time.
SEC. 26. Section 60649 is added to the
Education Code , to read:
60649. (a) The department shall develop a three-year plan of
activities, with the approval of the state board, supporting the
continuous improvement of the assessments developed and administered
pursuant to Section 60640. The plan shall include a process for
obtaining independent, objective technical advice and consultation on
activities to be undertaken. Activities may include, but not
necessarily be limited to, a variety of internal and external studies
such as validity studies, alignment studies, and studies evaluating
test fairness, testing accommodations, testing policies, and
reporting procedures, and consequential validity studies specific to
pupil populations such as English learners and pupils with
disabilities.
(b) Beginning in the school year in which the first full
administration of the consortium computer-adaptive assessments in
English language arts and mathematics in grades 3 to 8, inclusive,
and grade 11 occurs, and every three years thereafter, the department
shall contract for a three-year independent evaluation of the
assessments. Independent evaluation reports shall include interim
annual reports as well as a final report on the activities and
analysis of the three-year evaluation including, but not necessarily
limited to, recommendations to ensure the quality, fairness,
validity, and reliability of the assessments. These validity studies
shall take into consideration the purposes of the assessment system
and its results, and the timeline for implementation of the
assessments, the adoption of new curriculum resources, and the
development and delivery of professional development. The department
shall not contract for studies that duplicate studies conducted as
part of a federal peer review process or studies conducted by any
assessment contractor.
(c) The independent evaluation reports and interim annual reports
shall be submitted to the Governor, the Superintendent, the state
board, and the chairs of the education policy committees in both
houses of the Legislature by October 31 each year.
(d) Notwithstanding Section 60601, this section shall become
inoperative on July 1, 2021, and, as of January 1, 2022, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2022, deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 27. Section 99300 of the Education
Code is amended to read:
99300. (a) The (1)
Commencing with the 2014-15 school year and for purposes of the Early
Assessment Program established by this chapter, the California
Standards Test and the augmented California Standards Tests in
English language arts and mathematics may be replaced with the grade
11 consortium computer-adaptive assessments in English language arts
and mathematics.
(2) The Legislature finds and
declares that in 2004, the California State University (CSU)
established the Early Assessment Program (EAP), a collaborative
effort among the State Board of Education, the State Department of
Education, and CSU, to enable pupils to learn about their readiness
for college-level English and mathematics before their senior year of
high school. It is the intent of the Legislature that the office of
the Chancellor of the California Community Colleges, the office of
the Chancellor of the California State University, the State Board of
Education, and the State Department of Education work together to
modify the existing EAP to expand it to include the California
Community Colleges (CCC) so that, beginning in the 2009-10 school
year, high school juniors who are considering attending either system
can take the EAP and receive information in the summer before their
senior year concerning their preparation for college-level work at
both CSU and CCC.
(b) It is also the intent of the Legislature that the existing EAP
student notification system, as currently operated by agreement
between CSU and the State Department of Education, be modified to do
both of the following:
(1) Reassure pupils that they are eligible to attend a community
college and that taking the EAP test has no bearing on their
eligibility to attend a community college.
(2) Inform pupils of their readiness for college-level coursework
in English or mathematics, or both, and recommend the next
appropriate steps as they pertain to achieving success at a community
college, similar to how CSU communicates with pupils who take the
EAP test and are prospective CSU students.
(c) It is also the intent of the Legislature that the EAP be
modified to include all of the following requirements:
(1) That the participating community college districts utilize the
existing EAP secure data repository and clearinghouse for test score
distribution of the California Standards Test (CST) and the
augmented CST, assessment, as referenced in
Section 60641.
(2) That the modified EAP not affect the statutory reporting
requirements of the STAR Program, provided in
Section 60641, or increase the costs of either the
STAR Program assessment program referenced in Section
60640 or the State Department of Education.
(3) That the modified EAP be titled the "Early Assessment Program."
SEC. 28. Section 99301 of the Education
Code is amended to read:
99301. (a) Notwithstanding subdivision (a) of Section 78213, the
individual results of the California Standards Test (CST)
and the augmented CST, grade 11 assessment results,
as referenced in Section 60641, in addition to any other
purposes purposes, may be used by
community college districts to provide diagnostic advice to, or for
the placement of, prospective community college students
participating in the EAP.
(b) (1) As authorized pursuant to subparagraph (B) of paragraph
(3) of subdivision (a) of Section 60641, the individual
results of the CST and the augmented CST, assessment
results, as referenced in Section 60641, shall be provided to
the office of the Chancellor of the California Community Colleges.
(2) The office of the Chancellor of the California Community
Colleges shall coordinate with community college districts that
choose to voluntarily participate in the EAP as follows, and, to the
extent possible, shall accomplish all of the following activities
using existing resources:
(A) Encourage community college districts to choose to voluntarily
participate in the EAP and notify them of the requirements of
subdivision (c), including the requirements that the standards
utilized by CSU to assess readiness for college-level English and
mathematics courses, as expressed in the CST as augmented by
CSU, assessment referenced in Section 60641,
shall also be used for the purposes of the EAP.
(B) Coordinate the progress of the program, provide technical
assistance to participating community college districts pursuant to
subdivision (c) as needed, identify additional reporting and program
criteria as needed, and provide a report to the Legislature and
Governor on or before February 15, 2015, on the implementation and
results of the EAP for community college students.
(C) Provide access to the individual test results of the
CST and the augmented CST, assessment results,
as referenced in Section 60641, to participating community college
districts.
(c) For those community college districts that choose to work
directly with high school pupils within their respective district
boundaries who took the augmented CST,
assessment, as referenced in Section 60641, and choose to offer
assistance to these pupils in strengthening their college readiness
skills, all of the following provisions apply:
(1) The individual results of the CST and the augmented
CST, assessment, as referenced in Section 60641,
shall be released by the office of the Chancellor of the California
Community Colleges, as authorized pursuant to subparagraph (B) of
paragraph (3) of subdivision (a) of Section 60641, to participating
community college districts upon their request for this information
and may be used to provide diagnostic advice to prospective community
college students participating in the EAP.
(2) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the same standards utilized by CSU to assess readiness shall
also be used for purposes of this section.
(3) The augmented CST assessment, as
referenced in Section 60641, and currently utilized by CSU for
purposes of early assessment, shall be used to assess the college
readiness of pupils in the EAP.
(4) Participating community college districts are encouraged to
consult with the Academic Senate for the California Community
Colleges to work toward sequencing their precollegiate level courses
and transfer-level courses in English and mathematics to the
elementary and secondary education academic content standards adopted
pursuant to Section 60605.
(5) Participating community college districts shall identify an
EAP coordinator and shall coordinate with CSU campuses and schools
offering instruction in kindergarten and any of grades 1 to 12,
inclusive, in their respective district boundaries on EAP-related
activities that assist pupils in making decisions that increase their
college readiness skills and likelihood of pursuing a postsecondary
education.
(6) In order to provide high school pupils with an indicator of
their college readiness, a community college district participating
in the EAP shall use individual test
assessment results provided to that college pursuant to
paragraph (1) of, and subparagraph (C) of paragraph (2) of,
subdivision (b) to provide diagnostic advice to prospective community
college students participating in the EAP.
(7) The individual results of the augmented CST,
assessment, as referenced in Section 60641 for
purposes of the EAP, shall not be used by a community college as a
criterion for admission.
(8) Participating community college districts shall utilize the
existing infrastructure of academic opportunities, as developed by
CSU, to provide additional preparation in grade 12 for prospective
community college students participating in the EAP.
(d) Both of the following provisions apply to CSU:
(1) The individual results of the CST and the augmented
CST, assessment, as referenced in Section 60641,
as authorized pursuant to subparagraph (B) of paragraph (3) of
subdivision (a) of Section 60641, shall be released to, and in
addition to any other purposes may be used by, CSU to provide
diagnostic advice to, or for the placement of prospective CSU
students participating in the EAP.
(2) The individual results of the augmented CST,
assessment, as referenced in Section 60641 for
purposes of the EAP, shall not be used by CSU as a criterion for
admission.
SEC. 28.5. Section 99301 of the
Education Code is amended to read:
99301. (a) Notwithstanding subdivision (a) of Section 78213, the
individual results of the California Standards Test (CST)
and the augmented CST, grade 11 assessment results,
as referenced in Section 60641, or a standards-aligned
successor assessment, in addition to any other
purposes purposes, may be used by community
college districts to provide diagnostic advice to, or for the
placement of, prospective community college students participating in
the EAP.
(b) (1) As authorized pursuant to subparagraph (B) of paragraph
(3) of subdivision (a) of Section 60641, the individual
results of the CST and the augmented CST, assessment
results, as referenced in Section 60641, or a
standards-aligned successor assessment, shall be provided to
the office of the Chancellor of the California Community Colleges.
(2) The office of the Chancellor of the California Community
Colleges shall coordinate with community college districts that
choose to voluntarily participate in the EAP as follows, and, to the
extent possible, shall accomplish all of the following activities
using existing resources:
(A) Encourage community college districts to choose to voluntarily
participate in the EAP and notify them of the requirements of
subdivision (c), including the requirements that the standards
utilized by CSU to assess readiness for college-level English and
mathematics courses, as expressed in the CST as augmented by
CSU, assessment referenced in Section 60641, or a
standards-aligned successor assessment, shall also be used for
the purposes of the EAP.
(B) Coordinate the progress of the program, provide technical
assistance to participating community college districts pursuant to
subdivision (c) as needed, identify additional reporting and program
criteria as needed, and provide a report to the Legislature and
Governor on or before February 15, 2015, on the implementation and
results of the EAP for community college students.
(C) Provide access to the individual test results of the
CST and the augmented CST, assessment results,
as referenced in Section 60641, or a standards-aligned successor
assessment, to participating community college districts.
(c) For those community college districts that choose to work
directly with high school pupils within their respective district
boundaries who took the augmented CST,
assessment, as referenced in Section 60641, or a
standards-aligned successor assessment, and choose to offer
assistance to these pupils in strengthening their college readiness
skills, all of the following provisions apply:
(1) The individual results of the CST and the augmented
CST, assessment, as referenced in Section 60641,
or a standards-aligned successor assessment, shall be
released by the office of the Chancellor of the California Community
Colleges, as authorized pursuant to subparagraph (B) of paragraph (3)
of subdivision (a) of Section 60641, to participating community
college districts upon their request for this information and may be
used to provide diagnostic advice to prospective community college
students participating in the EAP.
(2) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the same standards utilized by CSU to assess readiness shall
also be used for purposes of this section.
(3) The augmented CST assessment, as
referenced in Section 60641, and currently
utilized by CSU for purposes of early assessment, or a
standards-aligned successor assessment, shall be used to assess
the college readiness of pupils in the EAP.
(4) Participating community college districts are encouraged to
consult with the Academic Senate for the California Community
Colleges to work toward sequencing their precollegiate level courses
and transfer-level courses in English and mathematics to the
elementary and secondary education common core
academic content standards adopted pursuant to Section
60605. 60605.8 .
(5) Participating community college districts shall identify an
EAP coordinator and shall coordinate with CSU campuses and schools
offering instruction in kindergarten and any of grades 1 to 12,
inclusive, in their respective district boundaries on EAP-related
activities that assist pupils in making decisions that increase their
college readiness skills and likelihood of pursuing a postsecondary
education.
(6) In order to provide high school pupils with an indicator of
their college readiness, a community college district participating
in the EAP shall use individual test
assessment results provided to that college pursuant to
paragraph (1) of, and subparagraph (C) of paragraph (2) of,
subdivision (b) to provide diagnostic advice to prospective community
college students participating in the EAP.
(7) The individual results of the augmented CST,
assessment, as referenced in Section 60641 for
purposes of the EAP, or a standards-aligned successor
assessment, shall not be used by a community college as a
criterion for admission.
(8) Participating community college districts shall utilize the
existing infrastructure of academic opportunities, as developed by
CSU, to provide additional preparation in grade 12 for prospective
community college students participating in the EAP.
(d) Both of the following provisions apply to CSU:
(1) The individual results of the CST and the augmented
CST, assessment, as referenced in Section 60641,
or a standards-aligned successor assessment, as
authorized pursuant to subparagraph (B) of paragraph (3) of
subdivision (a) of Section 60641, shall be released to, and in
addition to any other purposes may be used by, CSU to provide
diagnostic advice to, or for for, the
placement of prospective CSU students participating in the EAP.
(2) The individual results of the augmented CST,
assessment, as referenced in Section 60641 for
purposes of the EAP, or a standards-aligned successor
assessment, shall not be used by CSU as a criterion for
admission.
SEC. 29. Section 28.5 of this bill incorporates
amendments to Section 99301 of the Education Code proposed by both
this bill and Senate Bill 490. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 99301 of the Education Code, and
(3) this bill is enacted after Senate Bill 490, in which case Section
28 of this bill shall not become operative. All matter omitted
in this version of the bill appears in the bill as amended in the
Senate July 3, 2013. (JR11)
