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AB-7 Pupil testing: the Standardized Testing and Reporting Program.(1999-2000)



Current Version: 03/11/99 - Amended Assembly

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AB7:v98#DOCUMENT

Amended  IN  Assembly  March 11, 1999

CALIFORNIA LEGISLATURE— 1999–2000 1st Ext.

Assembly Bill
No. 7

Introduced  by  Assembly Member Rod Pacheco

January 19, 1999

An act to amend Sections 60603, 60604, 60605, 60606, 60640, 60641, 60642, and 60643 and 60642 of the Education Code, relating to pupil testing.


LEGISLATIVE COUNSEL'S DIGEST


AB 7, as amended, Rod Pacheco. Pupil testing: the Standardized Testing and Reporting Program.
Existing law establishes the Standardized Testing and Reporting Program, under which achievement tests are administered to pupils in grades 2 to 11, inclusive. Existing law requires the test publisher to agree in writing to provide aggregate scores in various forms and formats.
This bill would require the administration of a reading achievement test to pupils in grade 1, thereby imposing a state-mandated local program. The bill would require a teacher to use the results of these achievement tests in considering a pupil’s progress and would require the school district to ensure that a pupil’s results are forwarded to each subsequent teacher upon the pupil’s assignment to a class taught by that teacher, thereby imposing a state-mandated local program.The bill would require the test publisher to provide aggregate scores also at the classroom level.
This bill would require the State Board of Education, no later than January 1, 2000, to designate for use as part of the Statewide Testing and Reporting Program in grades 2 to 11, inclusive, a single entry-level test that measures beginning grade level competency and would require each school district, charter school, and county office of education, commencing with the 2000–01 fiscal year and each fiscal year thereafter, to administer this test to each of its pupils in grades 2 to 11, inclusive. By requiring the administration of this test, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 60603 of the Education Code is amended to read:

60603.
 As used in this chapter:
(a) “Achievement test” means any standardized test that measures the level of performance that a pupil has achieved in the core curriculum areas.
(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.
(d) “Content standards” means the specific academic knowledge, skills, and abilities that all public schools in this state are expected to teach and all pupils expected to learn in each of the core curriculum areas, at each grade level tested.
(e) “Core curriculum areas” means the areas of reading, writing, mathematics, history-social science, and science.
(f) “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.
(g) “End of course exam” means a comprehensive and challenging assessment of pupil achievement in a particular subject area or discipline such as the Golden State Exams.
(h) “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 student has met the content standards and the degree to which a school or school district has met the content standards.
(i) “Publisher” means a commercial publisher or any other public or private entity, other than the State Department of Education, which is able to provide tests or test items that meet the requirements of this chapter.
(j) “Statewide pupil assessment program” means the systematic achievement testing of pupils in grades 1 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 of Education.

SEC. 2.

 Section 60604 of the Education Code is amended to read:

60604.
 (a) The Superintendent of Public Instruction shall design and implement, consistent with the timetable and plan required pursuant to subdivision (b), a statewide pupil assessment program consistent with the testing requirements of this article in accordance with the objectives set forth in Section 60602. That program shall include all of the following:
(1) A plan for producing valid, reliable, and comparable individual pupil scores in grades 1 to 11, inclusive, and a comprehensive analysis of these scores based on the results of the achievement test designated by the State Board of Education that assesses a broad range of basic academic skills pursuant to the Standardized Testing and Reporting (STAR) Program established by Article 4 (commencing with Section 60640) and the assessment established pursuant to subdivision (c) of Section 60605.
(2) A method of working with publishers to ensure valid, reliable, and comparable individual, classroom level, grade-level, school-level, district-level, county-level, and statewide scores in grades 1 to 11, inclusive, that is based on the achievement test designated pursuant to subdivision (b) of Section 60605 and that, in the grade levels and subject areas specified in subdivision (c) of Section 60605, ensures valid, reliable and comparable school-level, district-level, county-level, and statewide scores in the assessments administered pursuant to subdivision (c) of Section 60605.
(3) Statewide academically rigorous content and performance standards that reflect 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.
(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 of Education.
(5) The alignment of assessment with the statewide academically rigorous content and performance standards adopted by the State Board of Education.
(6) The active, ongoing involvement of parents, classroom teachers, administrators, other educators, governing board members of school districts, and the public in all phases of the design and implementation of the statewide pupil assessment program and the development of assessment instruments pursuant to the requirements of subdivision (c) of Section 60605.
(7) 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 of Education, 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. The assessments of applied academic skills shall be limited to the grade levels and subject areas specified in subdivision (c) of Section 60605.
(b) The superintendent shall develop and annually update for the Legislature a five-year cost projection, implementation plan, and timetable for implementing the program described in subdivision (a). The annual update shall be submitted on or before March 1 of each year to the chairperson of the fiscal subcommittee considering budget appropriations 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 of Public Instruction 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 of Education before dissemination.
(d) The Superintendent of Public Instruction shall make available prototype and sample versions of the statewide pupil assessment test pursuant to subdivision (c) of Section 60605 to each school district and to the public prior to administration of the tests. The superintendent and the State Board of Education shall consider comments and recommendations from school districts and the public in the development, adoption, and approval of subsequent assessment instruments.
(e) The results of the achievement test administered pursuant to Article 4 (commencing with Section 60640) shall be returned to the school district in the same academic year in which the test was administered and no later than June 30 of the calendar year in which the test was administered.

SEC. 3.

 Section 60605 of the Education Code is amended to read:

60605.
 (a) (1) (A) No later than January 1, 1998, the State Board of Education 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 education system. No later than November 1, 1998, the State Board of Education shall adopt these standards in the core curriculum areas of history/social science and science. The performance standards and the assessments described in subdivision (c) may be developed concurrently, and shall be based on the content standards adopted by the board pursuant to this section.
(B) No later than July 15, 1999, the board shall adopt statewide performance standards in the core curriculum areas of reading, writing, and mathematics based on the recommendations made by a contractor or contractors. No later than December 31, 1999, the board shall complete the adoption of the portion of pupil assessments described in subdivision (c) in the core curriculum areas of reading, writing, and mathematics. No later than March 31, 2000, the board shall adopt statewide performance standards in the core curriculum areas of history/social science and science based on the recommendations made by a contractor or contractors. No later than December 31, 2000, the board shall complete the adoption of that portion of pupil assessments described in subdivision (c) in the core curriculum areas of history/social science and science.
(C) In specifying timeframes for deliverables in the request for proposal developed pursuant to subdivision (i), the State Board of Education shall require the contractor or contractors to submit performance standards to the board not later than a specified date that allows sufficient opportunity for the board to conduct regional hearings prior to the adoption of the performance standards by the dates specified in subparagraph (B).
(2) (A) The State Board of Education 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 board by the commission or the contractor. The 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 shall not be construed to 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 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 of Education shall require the State Department of Education to notify publishers of the opportunity to submit, for consideration by the State Board of Education pursuant to Section 60642, tests of achievement that include all of the basic academic skills identified in subdivision (c) of Section 60603 in grades 1 to 8, inclusive, and the core curriculum areas identified in subdivision (e) of Section 60603 in grades 9 to 11, inclusive.
(2) On or before October 31, 1997, the Superintendent of Public Instruction shall recommend to the State Board of Education which achievement test to adopt pursuant to subdivision (b) of Section 60642.
(c) (1) The State Board of Education shall adopt an assessment instrument that meets the objectives of Section 60602 and that yields valid, reliable estimates of school performance, school district performance, and statewide performance of pupils that, in grades 4, 5, 8, and 10, assess basic academic skills and incorporate the use of direct writing assessment and other assessments of applied academic skills.
(2) The State Board of Education shall annually require that each school district administer the statewide assessment pursuant to this subdivision to all pupils in grades 4, 5, 8, and 10. The core curriculum areas shall be addressed by that assessment. Notwithstanding any other provision of law, the assessment provided for under this subdivision shall address, in grade 4, only reading, written expression, and mathematics, and, in grade 5, only history/social science and science. Pupils in a given school shall be administered a portion of all subjects of the assessment that will be representative of all the assessment objectives, goals, and categories of items on the entire assessment in a manner that will produce results that are valid and reliable at the school and school district level. The State Department of Education may provide assistance to school districts in the implementation of the assessment established pursuant to this subdivision.
(3) Nothing in this subdivision shall be construed to prevent the State Board of Education from developing or adopting an assessment instrument that also contains assessments of basic academic skills.
(d) The State Board of Education shall adopt assessments pursuant to subdivision (c) that are aligned with the statewide content and performance standards adopted pursuant to subdivision (a). The State Board of Education shall not adopt an assessment pursuant to subdivision (c) for any core curriculum area until the statewide content standards for that core curriculum area have been adopted by the board pursuant to subdivision (a). The State Board of Education shall not award contracts for the development of performance standards and assessments pursuant to subdivision (c) for any core curriculum area until after adoption of statewide content standards for that core curriculum area.
(e) After the adoption of the statewide content standards, the State Board of Education shall review the achievement test designated pursuant to Section 60642 for conformance with these statewide standards.
(f) After the adoption of the statewide content and performance standards, the State Board of Education 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.
(g) The State Board of Education shall adopt regulations for the conduct and administration of the testing and assessment program.
(h) The State Board of Education 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.
(i) Following consideration of recommendations of the Superintendent of Public Instruction, the State Board of Education shall award a contract or contracts to develop performance standards pursuant to subdivision (a) and instruments to be used for the purposes of subdivision (c), according to competitive bidding procedures.
(1) As part of this process, the board may convene an advisory panel composed of nationally recognized experts in pupil assessment. Two members of the panel shall be selected from a list of at least 10 nominees of the Superintendent of Public Instruction. This panel, if convened, shall assist the board in the preparation of the request or requests for proposals to develop performance standards and instruments for use as assessments of applied academic skills and in the review and rating of proposals that are submitted. The panel shall also assist the board in determining methods of ensuring that the achievement test designated pursuant to Section 60642 meets the requirements of Section 60644. The State Department of Education shall provide any necessary staff support for the work of the advisory committee.
(2) Any contractor to whom a contract is awarded pursuant to this subdivision shall assure that parents, classroom teachers, administrators, school district governing board members, and the general public are actively involved in the development of any assessment instruments.
(3) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, appropriations made for the payment of contracts awarded pursuant to this subdivision shall be deemed to be “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) (1) Not less than 60 days before adoption of the statewide pupil assessment pursuant to subdivision (c), the State Board of Education shall make the proposed assessment available for inspection by the public. The board shall adopt any proposed amendments or modifications to the assessment before this public inspection period so that the materials available for inspection are the same materials that the board shall consider for final adoption. This provision applies to subsequent amendments or modifications of the examination in addition to the initial adoption. The proposed assessment shall be available for inspection by the public for a reasonable period of time.
(2) The assessment adopted pursuant to subdivision (c) shall be available for inspection at each county superintendent of schools’ office and within each school district at a centrally located site selected by the governing board of each school district. The governing board may also make the assessment available for public inspection at other locations within the school district. No assessment may be copied or taken from the inspection site.

SEC. 4.

 Section 60606 of the Education Code is amended to read:

60606.
 (a) After designating a test of academic achievement for use in grades 1 to 11, inclusive, pursuant to Section 60642, or adopting an assessment of applied academic skills for use in grades 4, 5, 8, and 10 pursuant to Section 60605, the State Board of Education shall submit each of those two instruments when designated or adopted to the Statewide Pupil Assessment Review Panel, which is hereby established, for review by the panel.
(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 of Public Instruction. 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 two instruments specified in subdivision (a) in order to ensure that the content of the instruments 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, comply with the requirements of Section 60614.
(e) The panel shall report its findings and recommendations to the State Board of Education within 10 days of its receipt of each instrument. If the panel fails to report within the required 10 days, the test or assessment shall be deemed acceptable to the panel.

SEC. 5.

 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.
(b) (1)Commencing in the 1997–98 fiscal year and each fiscal year thereafter, and from funds available for that purpose, each school district, charter school, and county office of education shall administer to each of its pupils in grades 1 to 11, inclusive, before May 15, the achievement test designated by the State Board of Education pursuant to subdivision (b) of Section 60642.

(2)

(c) The publisher and the school district shall provide two makeup days for the testing of previously absent pupils no later than May 25.

(c)(1)Commencing in the 2000–01 fiscal year and each fiscal year thereafter, and from funds made available for that purpose, each school district, charter school, and county office of education shall administer to each of its pupils in grades 2 to 11, inclusive, before October 15, the entry-level achievement test designated by the State Board of Education pursuant to subdivision (d) of Section 60642.

(2)The publisher and the school district shall provide two make-up days for the testing of previously absent pupils no later than October 25.

(d) The governing board of the school district may administer achievement tests in kindergarten and grade 12, as it deems appropriate.
(e) Individuals with exceptional needs who have an explicit provision in their individualized education program that exempts them from the testing requirement of subdivisions (b) and (c) subdivision (b) shall be so exempt.
(f) At the school district’s option, pupils of limited English proficiency who are enrolled in any of grades 1 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 subdivisions (b), (c), (d), and (e) of Section 60641. These primary language tests shall produce individual pupil scores that are valid and reliable. Notwithstanding any other provision of law, the State Board of Education shall designate for use, as part of this program, a single primary language test in each language for which such a test is available for grades 1 to 11, inclusive, no later than November 14, 1998, pursuant to the process used for designation of the assessment chosen in the 1997–98 fiscal year, as specified in Section 60642 and 60643, as applicable.
(g) In addition to the tests test required by subdivisions (b) and (c) subdivision (b), pupils of limited English proficiency who are enrolled in any of grades 1 to 11, inclusive, shall be required to take a test in their primary language if such a test is available, if less than 12 months have elapsed after their initial enrollment in any public school in the state.
(h) The Superintendent of Public Instruction shall apportion funds to enable school districts to meet the requirements of subdivisions (b), (c), (f), and (g). The State Board of Education shall establish the amount of funding to be apportioned. The amount to be apportioned shall be up to eight dollars ($8) per test administered to a pupil in grades 1 to 11, inclusive.
(i) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation for the apportionments made pursuant to subdivision (g) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, 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 of the Education Code, for that fiscal year.
(j) As a condition to receiving an apportionment pursuant to subdivision (h), a school district shall report to the superintendent all of the following:
(1) The number of pupils enrolled in the school district in grades 1 to 11, inclusive.
(2) The number of pupils to whom an achievement test was administered in grades 1 to 11, inclusive, in the school district.
(3) The number of pupils in paragraph (1) who were exempted from the test pursuant to subdivision (e) of Section 60640.
(4) The number of pupils in paragraph (1) who were exempted from the test at the request of their parents or guardians.

SEC. 6.Section 60641 of the Education Code is amended to read:
60641.

The State Department of Education shall ensure that school districts comply with each of the following requirements:

(a)The achievement test designated pursuant to Section 60642 is scheduled to be administered to all pupils during the period prescribed in subdivision (b) of Section 60640.

(b)The individual results of each pupil test administered pursuant to Section 60640 shall be reported, in writing, to the pupil’s parent or guardian. The written report shall include a clear explanation of the purpose of the test, the pupil’s score, and its intended use by the school district. Nothing in this subdivision shall be construed to require teachers to prepare individualized explanations of each pupil’s test score.

(c)The individual results of each pupil test administered pursuant to Section 60640 shall also be reported to the pupil’s school and teachers. The school district shall include the pupil’s test results in his or her pupil records. A teacher shall use the results in considering the pupil’s progress. The school district shall ensure that a pupil’s results are forwarded to each subsequent teacher upon the pupil’s assignment to a class taught by that teacher. However, except as provided in this section, individual pupil test results may only be released with the permission of the pupil’s parent or guardian.

(d)The districtwide, school-level, grade-level, and classroom-level results of the STAR Program 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, grade-level, and classroom-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. These results shall be reported at the same meeting at which the results of the assessments of applied academic skills are reported pursuant to Section 60609, when those assessments are implemented.

(e)The State Department of Education and publisher designated pursuant to Section 60642 shall make the classroom, grade, school, school district, and state results available on the Internet by June 30 of each year in which the achievement test is administered.
SEC. 7.

Section 60642 of the Education Code is amended to read:

60642.
 (a) By September 1, 1997, or as soon thereafter as is practical, the State Board of Education may consider any evaluations of independent experts who have not been employed by a test publisher in the preceding 12 months regarding the suitability of the achievement tests submitted by publishers as required by subdivision (b) of Section 60605 for use as part of the STAR Program established by this article.
(b) Based upon a review of the achievement tests submitted and the recommendation made by the Superintendent of Public Instruction pursuant to subdivision (b) of Section 60605, the State Board of Education, in its sole discretion, based on the considerations set forth in Section 60644, shall designate for use as part of the STAR Program a single test in grades 2 to 11, inclusive, no later than November 14, 1997, and shall designate a reading test to diagnose pupil reading development and comprehension for grade 1.
(c) The State Board of Education shall ensure that the achievement test designated pursuant to subdivision (b) contains the subject areas specified in subdivision (c) of Section 60603 for grades 2 to 8, inclusive, and the core curriculum areas specified in subdivision (e) of Section 60603 for grades 9 to 11, inclusive, except that pupils enrolled in grade 1 shall be tested in reading only.
(d) No later than January 1, 2000, the State Board of Education, in its sole discretion, and based on the considerations set forth in Section 60644, shall designate for use as part of the STAR program in grades 2 to 11, inclusive, a single entry-level test that measures the beginning grade level competency based on the publisher’s fall national norms.
(e) The State Board of Education is hereby authorized to designate the achievement test to be administered pursuant to this article for more than one academic year subject to the availability of funds.

SEC. 8.Section 60643 of the Education Code is amended to read:
60643.

(a)To be eligible for consideration under Section 60642 by the State Board of Education, test publishers shall agree in writing each year to meet the following requirements, if selected:

(1)Post a performance bond in an amount to be determined by the State Board of Education.

(2)Enter into a standard agreement with all school districts in the state that includes a payment schedule and conditions prescribed by the State Board of Education.

(3)Align the achievement test to the academically rigorous content and performance standards adopted by the State Board of Education.

(4)Comply with subdivisions (c) and (d) of Section 60645.

(5)Provide individual pupil scores to parents or guardians, teachers, and school administrators.

(6)Provide aggregate scores to teachers, administrators, governing boards of school districts, county boards of education, and the State Department of Education in all of the following forms and formats:

(A)Classroom level.

(B)Grade level.

(C)School level.

(D)District level.

(E)Countywide.

(F)Statewide.

(G)Comparison of statewide scores relative to other states.

(7)Provide disaggregated scores, based on limited-English-proficient status and non-limited-English-proficient status. For purposes of this section, pupils with “non-limited-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 teachers, administrators, governing boards of school districts, county boards of education, and the State Department of Education in the same form and formats listed in paragraph (6).

(8)Provide disaggregated scores by pupil gender and provide disaggregated scores based on whether pupils are economically disadvantaged or not. These disaggregated scores shall be in the same form and formats as listed in paragraph (6). In any one year, the disaggregation shall entail information already being collected by school districts, county offices of education, or charter schools.

(9)Provide information listed in paragraphs (6), (7), and (8) to the State Board of Education and to the recipients listed in paragraph (6), in hard copy and in an electronic medium compatible for access through the Internet.

(b)It is the intent of the Legislature that the publisher work with the Superintendent of Public Instruction and the State Board of Education in developing a methodology to disaggregate statewide scores as required in paragraphs (7) and (8) 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 (8).

(c)Access to any 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. Nothing in this chapter shall be construed to abridge or deny rights to confidentiality contained in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable provisions of state and federal law that protect the confidentiality of information collected by educational institutions.

(d)Notwithstanding any other provision of law, the publisher of the achievement test designated pursuant to Section 60642 shall comply with all of the conditions and requirements enumerated in subdivision (a) to the satisfaction of the State Board of Education.

(e)(1)The State Department of Education is hereby authorized to develop a standard agreement, subject to the approval of the State Board of Education, that all school districts and the test publisher shall be required to use. The agreement shall contain provisions for withholding full or partial payments for individual components of test administration, including, but not limited to, test development, publication, administration, scoring, test security, data aggregation, analysis, reporting, or electronic transmission. The standard agreement shall specify the exact reports and data files that are to be provided to the district by the publisher, and the number of copies of each report or file to be provided. The State Department of Education shall also specify in the standard agreement that all reports and files must be certified by the district as complete and accurate before final payment to the publisher from the district. The State Department of Education shall specify in the standard agreement that final payments or portions thereof by school districts or any agent of the State of California shall be withheld until the Superintendent of Public Instruction notifies all school districts that the test administration is completed for the academic year and the State Board of Education has made a determination pursuant to paragraph (2) or (3). The Superintendent of Public Instruction shall notify school districts as required by this subdivision within seven work days after receiving instruction from the State Board of Education.

(2)If satisfied that the publisher has met the requirements of subdivision (a), and that the State Department of Education and the State Board of Education have received complete statewide data, to the satisfaction of the board, reported in the manner prescribed by this section, the State Board of Education shall determine that all school districts may make final payments to the publisher.

(3)If the State Board of Education is not satisfied that the publisher has met all of the requirements of subdivision (a) or any of the individual components of test administration, the board may authorize partial payment. The State Board of Education may adopt regulations establishing a process for partial payments to the test publisher by school districts.

(f)The State Board of Education shall consider the performance of publishers no later than July 31 following the test administration for purposes of making appropriate determinations pursuant to the standard agreement authorized pursuant to this section. Any failure of the test publisher to meet the terms of the standard agreement or other requirements of this section that is caused by a school district’s failure to fulfill its obligations shall not be deemed cause for a determination adverse to the test publisher under this subdivision.
SEC. 9.

SEC. 7.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.

Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.