Article 2. Program Provisions of California Education Code >> Division 4. >> Title 2. >> Part 33. >> Chapter 5. >> Article 2.
(a) The Superintendent shall design and implement,
consistent with the timetable and plan required pursuant to
subdivision (b), a statewide pupil assessment system consistent with
the testing requirements of this article in accordance with the
objectives set forth in Section 60602.5. That system shall include
all of the following:
(1) Exclusive of the consortium assessments, a plan for producing
or adopting valid, fair, and reliable achievement tests as
recommended by the Superintendent and adopted by the state board
pursuant to the California Assessment of Student Performance and
Progress (CAASPP) established by Article 4 (commencing with Section
60640).
(2) A plan for administering the consortium summative assessment
as outlined by the joint agreement of the consortium.
(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and complex skills that pupils
will need in order to succeed in the information-based, global
economy of the 21st century. These skills shall not include personal
behavioral standards or skills, including, but not limited to,
honesty, sociability, ethics, or self-esteem.
(4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the state board.
(5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.
(6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members of
school districts, business community members, institutions of higher
education, and the public in all phases of the design and
implementation of the statewide pupil assessment system.
(7) A plan for ensuring the security and integrity of the CAASPP
assessments.
(8) The development of a contract or contracts with a contractor
for the development or administration of achievement tests and
performance tasks aligned to state-adopted content standards,
including summative assessments or assessments that employ matrix
sampling or population sampling methods.
(b) The Superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan for the
CAASPP, and a timetable for implementing the system described in
Section 60640. The annual update shall be submitted on or before
March 1 of each year to the Department of Finance, the state board,
and the respective chairpersons of the appropriate fiscal
subcommittees considering budget appropriations and the appropriate
policy committees in each house. The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
(c) The Superintendent shall make resources available that are
designed to assist with the interpretation and use of the CAASPP
results to promote the use of the results for purposes of improving
pupil learning and educational programs across the full curriculum.
The Superintendent shall consider information already provided by
assessment consortia to which California belongs or assessment
contractors when fulfilling this requirement.
(d) The Superintendent shall make information and resources
available to parents, teachers, pupils, administrators, school board
members, and the public regarding the CAASPP, including, but not
necessarily limited to, system goals, purposes, scoring systems,
results, valid uses of assessments, and information on the
relationship between performance on the previous state assessments
and the CAASPP.
(e) The Superintendent and the state board shall consider comments
and recommendations from teachers, administrators, pupil
representatives, institutions of higher education, and the public in
the development, adoption, and approval of assessment instruments.
(f) The results of the achievement tests, exclusive of the
consortium summative assessments, administered pursuant to Article 4
(commencing with Section 60640), shall be returned to the local
educational agencies within the period of time specified by the state
board.
(a) It is the intent of the Legislature that the
reauthorization of the statewide pupil assessment program include all
of the following:
(1) A plan for transitioning to a system of high-quality
assessments.
(2) Alignment with the standards developed pursuant to subdivision
(d) of Section 60605.8.
(3) Any common assessments aligned with the standards developed
pursuant to subdivision (d) of Section 60605.8.
(4) Conformity to the assessment requirements of any
reauthorization of the federal Elementary and Secondary Education Act
or any other federal law that effectively replaces that act.
(b) The Superintendent shall develop recommendations for the
reauthorization of the statewide pupil assessment program. The
recommendations shall include, but not be limited to, a plan for
transitioning to a system of high-quality assessments. The
recommendations shall consider including all of the following in the
reauthorized assessment system:
(1) Aligning the assessments to the standards adopted or revised
pursuant to Section 60605.8.
(2) Implementing and incorporating any common assessments aligned
with the common set of standards developed by the Common Core State
Standards Initiative consortium or other interstate collaboration in
which the state participates.
(3) Conforming to the assessment requirements of any
reauthorization of the federal Elementary and Secondary Education Act
(20 U.S.C. Sec. 6301 et seq.) or any other federal law that
effectively replaces that act.
(4) Enabling the valid, reliable, and fair measurement of
achievement at a point in time and over time for groups and subgroups
of pupils, and for individual pupils.
(5) Allowing the comparison from one year to the next of an
individual pupil's scale scores in each content area tested, so as to
reflect the growth in that pupil's actual scores over time.
(6) Enabling and including the valid, reliable, and fair
measurement of achievement of all pupils, including pupils with
disabilities and English learners.
(7) Providing for the assessment of English learners using primary
language assessments.
(8) Ensuring that no aspect of the system creates any bias with
respect to race, ethnicity, culture, religion, gender, or sexual
orientation.
(9) Incorporating a variety of item types and formats, including,
but not limited to, open-ended responses and performance-based tasks.
(10) Generating multiple measures of pupil achievement, which,
when combined with other measures, can be used to determine the
effectiveness of instruction and the extent of learning.
(11) Including the assessment of science and history-social
science in all grade levels at or above grade 4.
(12) Assessing a pupil's understanding of and ability to use the
technology necessary for success in the 21st century classroom and
workplace.
(13) Providing for both formative and interim assessments, as
those terms are defined in this chapter, in order to provide timely
feedback for purposes of continually adjusting instruction to improve
learning.
(14) Making use of test administration and scoring technologies
that will allow the return of test results to parents and teachers as
soon as is possible in order to support instructional improvement.
(15) Minimizing testing time while not jeopardizing the validity,
reliability, fairness, or instructional usefulness of the assessment
results.
(16) Including options for diagnostic assessments for pupils in
grade 2.
(c) In developing the recommendations pursuant to this section,
the Superintendent shall consult with all of the following:
(1) The state board.
(2) The committee advising the Superintendent on the Academic
Performance Index pursuant to subdivision (a) of Section 52052.5.
(3) Measurement experts from California's public and private
universities.
(4) Individuals with expertise in assessing pupils with
disabilities and English learners.
(5) Teachers, administrators, and governing board members, from
California's local educational agencies.
(6) Parents.
(d) The Superintendent shall report the recommendations developed
pursuant to this section to the fiscal and appropriate policy
committees of both houses of the Legislature on or before November 1,
2012.
(a) (1) (A) Not later than January 1, 1998, the state board
shall adopt statewide academically rigorous content standards,
pursuant to the recommendations of the Commission for the
Establishment of Academic Content and Performance Standards, in the
core curriculum areas of reading, writing, and mathematics to serve
as the basis for assessing the academic achievement of individual
pupils and of schools, school districts, and the California
educational system. Not later than November 1, 1998, the state board
shall adopt these standards in the core curriculum areas of
history/social science and science.
(B) The state board shall adopt statewide performance standards in
the core curriculum areas of reading, writing, mathematics,
history/social science, and science based on the recommendations made
by the Superintendent of a contractor or contractors.
(C) The state board shall require the contractor or contractors to
submit performance standards to the Superintendent and the state
board not later than a specified date that allows sufficient
opportunity for the Superintendent to make a recommendation to the
state board and for the state board to conduct regional hearings
prior to the adoption of the performance standards.
(2) (A) The state board may modify any proposed content standards
or performance standards prior to adoption and may adopt content and
performance standards in individual core curriculum areas as those
standards are submitted to the state board. The state performance
standards shall be established against specific grade level
benchmarks of academic achievement for each subject area tested 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. These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem. The standards adopted pursuant
to this section shall be for the purpose of guiding state decisions
regarding the development, adoption, and approval of assessment
instruments pursuant to this chapter and does not mandate any actions
or activities by school districts.
(B) Because these standards are models, the adoption of these
standards is not subject to the Administrative Procedure Act. This
subparagraph is declaratory of existing law.
(3) Before adopting academic content and performance standards,
the state board shall hold regional hearings for the purpose of
giving parents and other members of the public the opportunity to
comment on the proposed standards.
(b) (1) The state board shall ensure that the statewide assessment
system adopted pursuant to this chapter yields valid, reliable
individual pupil scores and, where applicable, aggregate school
scores, school district scores, and statewide scores of pupils and
assesses basic academic skills and content standards, including the
use of a direct writing assessment or other applied academic skills
if deemed valid and reliable and if resources are made available for
their use.
(2) This subdivision does not prevent the state board from
developing or adopting an assessment instrument that also contains
assessments of basic academic skills.
(c) To the extent feasible and as otherwise required, the state
board shall ensure that assessments developed, or contracted for
pursuant to Section 60642.5, by the state are aligned with the
statewide content and performance standards adopted pursuant to
subdivision (a). The department, with the approval of the state
board, periodically shall contract for a review of the achievement
test for conformance with these standards.
(d) After adopting statewide content and performance standards,
the state board shall review the existing curriculum frameworks for
conformity with the new statewide standards and shall modify the
curriculum frameworks where appropriate to bring them into alignment
with the standards.
(e) The state board shall adopt regulations for the conduct and
administration of the testing and assessment program.
(f) The state board shall adopt a regulation for minimum security
procedures that test and assessment publishers and school districts
must follow to ensure the security and integrity of test and
assessment questions and materials.
(g) This section shall become inoperative on July 1, 2011.
(a) No later than June 1, 2001, the State Board of
Education shall adopt content standards, pursuant to recommendations
developed by the Superintendent of Public Instruction, in the
curriculum area of visual and performing arts.
(b) The content standards are intended to provide a framework for
programs that a school may offer in the instruction of visual or
performing arts. Nothing in this section shall be construed to
require a school to follow the content standards.
(c) Nothing in this section shall be construed as mandating an
assessment of pupils in visual or performing arts.
(a) No later than December 1, 2004, the State Board of
Education shall adopt model content standards, pursuant to
recommendations developed by the Superintendent of Public
Instruction, in the curriculum area of physical education.
(b) The model content standards are intended to provide a
framework for programs that a school may offer in the instruction of
physical education. Nothing in this section shall be construed to
require a school to follow the model content standards.
(a) On or before June 1, 2009, the State Board of
Education shall adopt content standards, pursuant to recommendations
developed by the Superintendent of Public Instruction, for teaching
foreign languages in kindergarten and grades 1 to 12, inclusive.
(b) The content standards shall support the goals of Section 51212
and subdivision (c) of Section 51220 by including all of the
following:
(1) A summary of the language goals which recognizes that
instruction may begin in elementary or secondary school.
(2) A description of individual language skills that should be
taught and attained at each level.
(3) Course content that is aligned with findings from research on
second language acquisition and education.
(4) Course content that is aligned with the admission requirements
for the California State University and the University of
California.
(c) The content standards may be used by school districts to
develop language programs and course assessments but are not
mandatory.
(a) On or before July 31, 2019, the Instructional Quality
Commission shall consider developing and recommending to the state
board computer science content standards for kindergarten and grades
1 to 12, inclusive, pursuant to recommendations developed by a group
of computer science experts. The Instructional Quality Commission
shall consider existing computer science content standards, which
include, but are not limited to, the national K-12 computer science
content standards developed by the Computer Science Teachers
Association, and consider content standards that include, but are not
necessarily limited to, standards for teaching coding. For purposes
of this section, "coding" is the process of converting a program
design into an accurate and detailed representation of that program
in a suitable language.
(b) (1) The Superintendent, in consultation with the state board,
shall consider convening the group of experts referenced in
subdivision (a), and shall ensure that the members of the group
include, but are not necessarily limited to, all of the following:
(A) Teachers who teach computer science, including mathematics and
science teachers, in kindergarten and grades 1 to 12, inclusive.
(B) Schoolsite principals.
(C) School district or county office of education administrators.
(D) University professors.
(E) Representatives of private sector business or industry.
(2) The Superintendent, in consultation with the state board,
shall ensure that one-half of the members of the group are teachers
as described in subparagraph (A) of paragraph (1).
(c) The computer science content standards may be used by school
districts to develop computer science programs and course assessments
but are not mandatory.
(d) The operation of this section is subject to an appropriation
being made for purposes of this section in the annual Budget Act or
another statute.
Subject to the availability of funds appropriated in the
annual Budget Act for this purpose, the Superintendent, upon approval
of the state board, shall contract for the development and
distribution of workbooks, as follows:
(a) One workbook to be distributed to all pupils in grade 10. This
workbook shall contain information on the proficiency levels that
must be demonstrated by pupils on the high school exit examination
described in Chapter 9 (commencing with Section 60850). The workbook
also shall contain sample questions, with explanations describing how
these sample questions test pupil knowledge of the language arts and
mathematics content standards adopted by the state board pursuant to
Section 60605.
(b) Separate workbooks for each of grades 2 to 11, inclusive. Each
pupil in grades 2 to 11, inclusive, who is required to take the
achievement tests described in Section 60642.5 shall receive a copy
of the workbook designed for the same grade level in which the pupil
is enrolled. These workbooks shall contain material to assist pupils
and their parents with standards-based learning, including the grade
appropriate academic content standards adopted by the state board
pursuant to Section 60605 and sample questions that require knowledge
of these standards to answer. The workbooks also shall describe how
the sample questions test knowledge of the state board adopted
academic content standards.
The Superintendent, the state board, and any other entity
or individual designated by the Governor shall participate in the
Common Core State Standards Initiative consortium sponsored by the
National Governors Association and the Council of Chief State School
Officers or any associated or related interstate collaboration to
jointly develop common high-quality standards or assessments aligned
with the common set of standards.
(a) There is hereby established the Academic Content
Standards Commission. The commission shall consist of 21 members,
appointed as follows:
(1) Eleven members appointed by the Governor.
(2) Five members appointed by the Senate Committee on Rules.
(3) Five members appointed by the Speaker of the Assembly.
(b) Members of the commission shall serve at the pleasure of the
appointing authority.
(c) Not less than half of the members appointed by each of the
appointing authorities pursuant to subdivision (a) shall be current
public school elementary or secondary classroom teachers.
(d) The commission shall develop academic content standards in
language arts and mathematics. The standards shall be internationally
benchmarked and build toward college and career readiness by the
time of high school graduation. Unless otherwise allowed by the
Secretary of the United States Department of Education, at least 85
percent of these standards shall be the common core academic
standards developed by the consortium or interstate collaboration set
forth in Section 60605.7.
(e) Pursuant to the Bagley-Keene Act, Article 9 (commencing with
Sec. 11120) of Division 3 of Title 2 of the Government Code, all
meetings and hearings of the commission shall be open and available
to the public.
(f) On or before July 15, 2010, the commission shall present its
recommended academic content standards to the state board.
(g) On or before August 2, 2010, the state board shall do either
of the following:
(1) Adopt the academic content standards as proposed by the
commission.
(2) Reject the academic content standards as proposed by the
commission. If the state board rejects the standards it shall provide
a specific written explanation to the Superintendent, the Governor,
and the Legislature of the reasons why the proposed standards were
rejected.
(h) The Superintendent and state board shall present to the
Governor and to the appropriate policy and fiscal committees of the
Legislature a schedule and implementation plan for integrating the
academic content standards adopted pursuant to this section into the
state educational system.
Notwithstanding any other provision of law, the limitation
in paragraph (6) of subdivision (c) of Section 60200, which requires
that other criteria be approved at least 30 months prior to the date
that the materials are to be approved for adoption, shall not apply
to instructional materials adopted by the state board that are
aligned with the content standards adopted pursuant to Section
60605.8 in each of the content areas for which standards are revised
or adopted.
The Superintendent may recommend and the state board may
adopt the college and career readiness anchor standards developed by
the Common Core State Standards Initiative consortium. The state
board may also take action to resolve any technical issues in the
English language arts standards adopted pursuant to Section 60605.8.
(a) The Superintendent may recommend to the state board,
and the state board may approve, modifications to the common core
academic content standards in mathematics adopted by the state board
pursuant to Section 60605.8. If the state board modifies the common
core academic content standards in mathematics, it shall explain, in
writing, to the Governor and the Legislature the reasons for
modifying the standards. The Superintendent's recommendations and the
state board's actions shall assist schools in the implementation of
the standards.
(1) In consultation with the state board, the Superintendent shall
consult a group of experts in mathematics for purposes of developing
recommendations pursuant to this section. The Superintendent shall
ensure that the group of experts includes, but is not limited to,
individuals who are teachers of mathematics in elementary and
secondary schools, schoolsite principals, administrators of school
districts or county offices of education, and university professors.
Not less than one-half of the members of the group shall be currently
employed public school teachers.
(2) The Superintendent and the state board shall hold a minimum of
two public hearings pursuant to the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code) in order for the public
to provide input on the modifications recommended pursuant to this
section.
(3) On or before March 30, 2013, the Superintendent shall
recommend modifications to the mathematics standards to the state
board, and the state board, by that date, shall adopt, reject, or
modify those recommendations.
(b) The modifications to the common core academic content
standards in mathematics that the Superintendent recommends to the
state board and that the state board approves shall ensure all of the
following:
(1) The rigor of the state common core academic content standards
in mathematics is maintained so that all high school graduates are
prepared for college and careers, as specified in the common core
academic content standards.
(2) All of the common core academic standards developed by the
consortium or interstate collaboration set forth in Section 60605.7
are adopted.
(3) One set of standards is adopted at each grade level.
(4) The content standards for algebra I are based upon the common
core academic content standards for mathematics.
(5) Redundant mathematics standards are eliminated.
(6) The implementation of standards is improved.
(7) Any technical issues in the standards are resolved.
(8) The modifications amount to no more than 15 percent of the
common core academic content standards adopted by the state board.
(c) (1) Any modifications to the common core academic content
standards in mathematics made pursuant to this section shall be
incorporated into the curriculum framework and the evaluation
criteria for mathematics for the purpose of adopting instructional
materials in mathematics pursuant to Section 60207.
(2) This subdivision shall become operative only if Assembly Bill
1246 of the 2011-12 Regular Session is chaptered and becomes
effective.
(a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results of
the achievement test required and administered annually as part of
the California Assessment of Student Performance and Progress
(CAASPP), or any predecessor assessments, established pursuant to
Article 4 (commencing with Section 60640), results of end-of-course
examinations he or she has taken, and the vocational education
certification examinations he or she chose to take.
(b) It is the intent of the Legislature that local educational
agencies and schools use the results of the academic achievement
tests administered annually as part of the CAASPP to provide support
to pupils and parents or guardians in order to assist pupils in
strengthening their development as learners, and thereby to improve
their academic achievement and performance in subsequent assessments.
(c) (1) Except for research provided for in former Section
49079.6, as it read on December 31, 2013, a pupil's results or a
record of accomplishment shall be private, and may not be released to
any person, other than the pupil's parent or guardian and a teacher,
counselor, or administrator directly involved with the pupil,
without the express written consent of either the parent or guardian
of the pupil if the pupil is a minor, or the pupil if the pupil has
reached the age of majority or is emancipated.
(2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational institution
for the purpose of credit, placement, or admission.
(B) Notwithstanding paragraph (1), the results of an individual
pupil on the CAASPP may be released to a postsecondary educational
institution for the purpose of credit, placement, or admission.
The governing board of each district shall, in accordance
with the rules and regulations of the State Board of Education,
conduct a testing program pursuant to this chapter and may also
administer other tests.
At the request of the 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.
A local educational agency, district superintendent of
schools, or principal or teacher of any elementary or secondary
school, including a charter school, shall not carry on any program
for the sole purpose of test preparation of pupils for the statewide
pupil assessment system or a particular test used in the statewide
pupil assessment system. Nothing in this section prohibits the use of
materials to familiarize pupils with item types or the
computer-based testing environment used in the California Assessment
of Student Performance and Progress.
Upon adoption or approval of assessments pursuant to this
chapter, the Superintendent shall prepare, and make available to
parents, teachers, pupils, administrators, school board members, and
the 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.
A school district is an agent of the State Department of
Education for the purpose of administering a test or assessment
required pursuant to this article. No action may be brought or
maintained against any school district or its officers or employees
acting in accordance with the instructions of the Superintendent of
Public Instruction or the State Board of Education.
Notwithstanding Section 51513, no test, examination, or
assessment given as part of the statewide pupil assessment program
shall contain any questions or items that solicit or invite
disclosure of a pupil's, or his or her parents' or guardians',
personal beliefs or practices in sex, family life, morality, or
religion nor shall it contain any question designed to evaluate
personal behavioral characteristics, including, but not limited to,
honesty, integrity, sociability, or self esteem.
Notwithstanding any other provision of law, a parent's or
guardian's written request to school officials to excuse his or her
child from any or all parts of the assessments administered pursuant
to this chapter shall be granted.
Any achievement test adopted by the state board pursuant to
this chapter may be reviewed by any Member of the Legislature or any
member of the governing board of a school district, if the member
agrees in writing prior to the review to maintain the confidentiality
of the test.
The governing board of any school district may meet in
closed session only to review the actual contents of any approved or
adopted assessment, provided the governing board agrees by resolution
to accept any terms or conditions for that review that are
established by rules and regulations of the State Board of Education.
The purpose of this provision is to maintain the confidentiality of
the assessments under review.
(a) The academic content and performance standards adopted
by the State Board of Education pursuant to Section 60605 that are
used as standards for the purposes of this article are to be
considered model standards for any other purpose.
(b) School districts may use these model standards as a guideline
in developing district standards.