Bill Text: CA SB172 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil testing: high school exit examination: suspension.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-07 - Chaptered by Secretary of State. Chapter 572, Statutes of 2015. [SB172 Detail]

Download: California-2015-SB172-Amended.html

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BILL NUMBER: SB 172	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Liu

                        FEBRUARY 5, 2015

   An act to amend Section 60640 of, and  to  add Section
60851.5 to, the Education Code, relating to pupil testing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 172, as amended, Liu. Pupil testing: high school exit
examination: suspension.
   Existing law requires the Superintendent of Public Instruction,
with the approval of the State Board of Education, to develop a high
school exit examination in English language arts and mathematics in
accordance with state academic content standards. Existing law
requires, commencing with the 2003-04 school year and each school
year thereafter, each pupil completing grade 12 to successfully pass
the high school exit examination as a condition of receiving a
diploma of graduation or a condition of graduation from high school.
   This bill would suspend the administration of the high school exit
examination and would remove the high school exit examination as a
condition of receiving a diploma of graduation or a condition of
graduation from high school for each pupil completing grade 12, for
the 2016-17, 2017-18, and 2018-19 school  years. 
 years, or when the approved high school exit examination is no
longer available. 
   Existing law establishes the California Assessment of Student
Performance and Progress as the statewide system of pupil
assessments, under which various assessments are required or
authorized to be administered in public schools, as specified.
Existing law requires the Superintendent, on or before March 1, 2016,
to submit to the state board recommendations on expanding the
California Assessment of Student Performance and Progress to include
additional assessments, for consideration at a regularly scheduled
public meeting, and to also submit those recommendations to the
appropriate policy and fiscal committees of the Legislature and to
the Director of Finance in accordance with specified requirements.
   This bill would add a new requirement, that the Superintendent
convene an advisory panel consisting of specified individuals to
provide recommendations to the Superintendent on the continuation of
the high school exit examination and on alternative pathways to
satisfy specified high school graduation requirements, to those
recommendations to be submitted by the Superintendent.
   Vote: 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 60640 of the Education Code is amended to read:

   60640.  (a) There is hereby established the California Assessment
of Student Performance and Progress, to be known as the CAASPP.
   (b) Commencing with the 2013-14 school year, the CAASPP shall be
composed of all of the following:
   (1) (A) A consortium summative assessment in English language arts
and mathematics for grades 3 to 8, inclusive, and grade 11 that
measures content standards adopted by the state board.
   (B) In the 2013-14 school year, the consortium summative
assessment in English language arts and mathematics shall be a field
test only, to enable the consortium to gauge the validity and
reliability of these assessments and to conduct all necessary
psychometric procedures and studies, including, but not necessarily
limited to, achievement standard setting, and to allow the department
to conduct studies regarding full implementation of the assessment
system. These field tests and results shall not be used for any other
purpose, including the calculation of any accountability measure.
   (2) (A) Science grade level assessments in grades 5, 8, and 10
that measure content standards adopted pursuant to Section 60605,
until a successor assessment is implemented pursuant to subparagraph
(B).
   (B) For science assessments, the Superintendent shall make a
recommendation to the state board as soon as is feasible after the
adoption of science content standards pursuant to Section 60605.85
regarding the assessment of the newly adopted standards. Before
making recommendations, the Superintendent shall consult with
stakeholders, including, but not necessarily limited to, California
science teachers, individuals with expertise in assessing English
learners and pupils with disabilities, parents, and measurement
experts, regarding the grade level and type of assessment. The
recommendations shall include cost estimates and a plan for
implementation of at least one assessment in each of the following
grade spans:
   (i) Grades 3 to 5, inclusive.
   (ii) Grades 6 to 9, inclusive.
   (iii) Grades 10 to 12, inclusive.
   (3) The California Alternate Performance Assessment in grades 2 to
11, inclusive, in English language arts and mathematics and science
in grades 5, 8, and 10, which measures content standards adopted
pursuant to Section 60605 until a successor assessment is
implemented. The successor assessment shall be limited to the grades
and subject areas assessed pursuant to paragraph (1) and subparagraph
(B) of paragraph (2).
   (4) The Early Assessment Program established by Chapter 6
(commencing with Section 99300) of Part 65 of Division 14 of Title 3.

   (5) (A) 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, to
pupils who are identified as limited English proficient and enrolled
in any of grades 2 to 11, inclusive, 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 subparagraph (E).
   (B) If a local educational agency chooses to administer a primary
language assessment to pupils identified as limited English
proficient and enrolled in any of grades 2 to 11, inclusive, pursuant
to subparagraph (A), it shall notify the department in a manner to
be determined by the department and the costs shall be paid by the
state and included as part of the testing contract, and the
department shall provide the local educational agency a per pupil
apportionment for administering the assessment pursuant to
subdivision (l).
   (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 CAASPP to include
additional assessments, for consideration at a regularly scheduled
public meeting. The Superintendent shall also submit these
recommendations to the appropriate policy and fiscal committees of
the Legislature and to the Director of Finance in accordance with all
of the following:
   (1) In consultation with stakeholders, including, but not
necessarily limited to, California teachers, individuals with
expertise in assessing English learners and pupils with disabilities,
parents, and measurement experts, the Superintendent shall make
recommendations regarding assessments, including the grade level,
content, and type of assessment. These recommendations shall take
into consideration the assessments already administered or planned
pursuant to subdivision (b). The Superintendent shall consider the
use of consortium-developed assessments, various item types,
computer-based testing, and a timeline for implementation.
   (2) The recommendations shall consider assessments in subjects,
including, but not necessarily limited to, history-social science,
technology, visual and performing arts, and other subjects as
appropriate, as well as English language arts, mathematics, and
science assessments to augment the assessments required under
subdivision (b), and the use of various assessment options,
including, but not necessarily limited to, computer-based tests,
locally scored performance tasks, and portfolios.
   (3) The recommendations shall include the use of an assessment
calendar that would schedule the assessments identified pursuant to
paragraph (2) over several years, the use of matrix sampling, if
appropriate, and the use of population sampling.
   (4) The recommendations shall include a timeline for test
development, and shall include cost estimates for subject areas, as
appropriate.
   (5) Upon approval by the state board and the appropriation of
funding for this purpose, the Superintendent shall develop and
administer approved assessments. The state board shall approve test
blueprints, achievement level descriptors, testing periods,
performance standards, and a reporting plan for each approved
assessment.
   (6) The Superintendent shall convene an advisory panel, 
including,   consisting of,  but not necessarily
limited to, secondary teachers, school administrators, school board
members, parents,  the student member of the state board, 
measurement experts, and individuals with expertise in assessing
English learners and pupils with disabilities, to provide
recommendations to the Superintendent on the continuation of the high
school exit examination, described in Chapter 9 (commencing with
Section 60850), and on alternative pathways to satisfy the high
school graduation requirements pursuant to Sections 51224.5 and
51225.3.
   (d) For the 2013-14 and 2014-15 school years, the department shall
make available to local educational agencies Standardized Testing
and Reporting Program test forms no longer required by the CAASPP.
The cost of implementing this subdivision, including, but not
necessarily limited to, shipping, printing, scoring, and reporting
per pupil shall be the same for all local educational agencies, and
shall not exceed the marginal cost of the assessment, including any
cost the department incurs to implement this section. A local
educational agency that chooses to administer an assessment pursuant
to this subdivision shall do so at its own expense, and shall enter
into an agreement for that purpose with a contractor, subject to the
approval of the department.
   (e) The Superintendent shall make available a paper and pencil
version of any computer-based CAASPP assessment for use by pupils who
are unable to access the computer-based version of the assessment
for a maximum of three years after a new operational test is first
administered.
   (f) (1) From the funds available for that purpose, each local
educational agency shall administer assessments to each of its pupils
pursuant to subdivision (b). As allowable by federal statute,
recently arrived English learner pupils are exempted from taking the
assessment in English language arts. The state board shall establish
a testing period to provide that all schools administer these tests
to pupils at approximately the same time during the instructional
year. The testing period established by the state board shall take
into consideration the need of local educational agencies to provide
makeup days for pupils who were absent during testing, as well as the
need to schedule testing on electronic computing devices.
   (2) For the 2013-14 school year, each local educational agency
shall administer the field tests in a manner described by the
department in consultation with the president or executive director
of the state board. Additional participants in the field test beyond
the representative sample may be approved by the department, and the
department shall use existing contract savings to fund local
educational agency participation in one or more tests per
participant. Funds for this purpose shall be used to allow for
maximum participation in the field tests across the state. To the
extent savings in the current contract are not available to fully
fund this participation, the department shall prorate available funds
by test. Local educational agencies shall bear any additional costs
to administer these assessments that are in excess of the contracted
amount. With the approval of the state board and the Director of
Finance, the department shall amend the existing assessment contract
to accommodate field testing beyond the representative sample, and to
allow for special studies using information collected from the field
tests.
   (g) From the funds available for that purpose, each local
educational agency shall administer assessments as determined by the
state board pursuant to paragraph (5) of subdivision (c).
   (h) As feasible, the CAASPP field tests shall be conducted in a
manner that will minimize the testing burden on individual schools.
The CAASPP field tests shall not produce individual pupil scores
unless it is determined that these scores are valid and reliable.
   (i) The governing board of a school district may administer
achievement tests in grades other than those required by this section
as it deems appropriate.
   (j) Subject to the approval of the state board, the department may
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 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). 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. A local educational agency that elects to
administer a primary language assessment pursuant to this subdivision
shall do so at its own expense and shall enter into an agreement for
that purpose with the state testing contractor, subject to the
approval of the department.
   (k) Pursuant to Section 1412(a)(16) of Title 20 of the United
States Code, individuals with exceptional needs, as defined in
Section 56026, shall be included in the testing requirement of
subdivision (b) with appropriate accommodations in administration,
where necessary, and the individuals with exceptional needs who are
unable to participate in the testing, even with accommodations, shall
be given an alternate assessment.
   (l) (1) The Superintendent shall apportion funds appropriated for
these purposes to local educational agencies to enable them to meet
the requirements of subdivisions (b) and (c).
   (A) For the CAASPP field tests administered in the 2013-14 school
year or later school years, the Superintendent shall apportion funds
to local educational agencies if funds are specifically provided for
this purpose in the annual Budget Act.
   (B) The Superintendent shall apportion funds to local educational
agencies to enable them to administer assessments used to satisfy the
voluntary Early Assessment Program in the 2013-14 school year
pursuant to paragraph (4) of subdivision (b).
   (2) The state board annually shall establish the amount of funding
to be apportioned to local educational agencies for each test
administered and annually shall establish the amount that each
contractor shall be paid for each test administered under the
contracts required pursuant to Section 60643. The amounts to be paid
to the contractors shall be determined by considering the cost
estimates submitted by each contractor each September and the amount
included in the annual Budget Act, and by making allowance for the
estimated costs to local educational agencies for compliance with the
requirements of subdivisions (b) and (c). The state board shall take
into account changes to local educational agency test administration
activities under the CAASPP, including, but not limited to, the
number and 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.
   (m) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation for
the apportionments made pursuant to paragraph (1) of subdivision (l),
and the payments made to the contractors under the contracts
required pursuant to Section 60643 or subparagraph (C) of paragraph
(1) of subdivision (a) of Section 60605 between the department and
the contractor, are "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202, for the
applicable fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII  B," as
defined in subdivision (e) of Section 41202, for that fiscal year.
   (n) As a condition to receiving an apportionment pursuant to
subdivision (l), a local educational agency shall report to the
Superintendent all of the following:
   (1) The pupils enrolled in the local educational agency in the
grades in which assessments were administered pursuant to
subdivisions (b) and (c).
   (2) The pupils to whom an achievement test was administered
pursuant to subdivisions (b) and (c) in the local educational agency.

   (3) The pupils in paragraph (1) who were exempted from the test
pursuant to this section.
   (o) The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of the CAASPP, including, but not necessarily
limited to, the grade 11 consortium summative assessments in English
language arts and mathematics, for academic credit, placement, or
admissions processes.
   (p) Subject to the availability of funds in the annual Budget Act
for this purpose, and exclusive of the consortium assessments, the
Superintendent, with the approval of the state board, annually shall
release to the public test items from the achievement tests pursuant
to Section 60642.5 administered in previous years. Where feasible and
practicable, the minimum number of test items released per year
shall be equal to 25 percent of the total number of test items on the
test administered in the previous year.
   (q) On or before July 1, 2014, Sections 850 to 868, inclusive, of
Title 5 of the California Code of Regulations shall be revised by the
state board to conform to the changes made to this section in the
first year of the 2013-14 Regular Session. The state board shall
adopt initial regulations as emergency regulations to immediately
implement the CAASPP assessments, including, but not necessarily
limited to, the administration, scoring, and reporting of the tests,
as the adoption of emergency regulations is necessary for the
immediate preservation of the public peace, health, safety, or
general welfare within the meaning of Section 11346.1 of the
Government Code. The emergency regulations shall be followed by the
adoption of permanent regulations, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
  SEC. 2.  Section 60851.5 is added to the Education Code, to read:
   60851.5.  Notwithstanding Section 60851, the administration of the
high school exit examination, and the requirement that each pupil
completing grade 12 successfully pass the high school exit
examination as a condition of receiving a diploma of graduation or a
condition of graduation from high school, shall be suspended for the
2016-17, 2017-18, and 2018-19 school  years.  
years, or when the high school exit examination approved pursuant to
Section 60850 is no longer available.