SECTIONS 60604-60618 - California Statutes

EDUCATION CODE

SECTION 60604-60618

60604. (a) The Superintendent 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 2 to 11, inclusive, and a
comprehensive analysis of these scores based on the results of the
achievement test designated by the state board that assesses a broad
range of basic academic skills pursuant to the Standardized Testing
and Reporting (STAR) Program established by Article 4 (commencing
with Section 60640).
(2) A method of working with publishers to ensure valid, reliable,
and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 2 to 11,
inclusive.
(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.
(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, and the public in all phases of the design and
implementation of the statewide pupil assessment program.
(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, 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.
(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 shall provide each school district with
guidelines for professional development that are designed to assist
classroom teachers to use the results of the assessments administered
pursuant to this chapter to modify instruction for the purpose of
improving pupil learning. These guidelines shall be developed in
consultation with classroom teachers and approved by the state board
before dissemination.
(d) The Superintendent and the state board shall consider comments
and recommendations from school districts and the public in the
development, adoption, and approval of 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 within the period of time specified by the state
board.

60604.5. It is the intent of the Legislature that the
reauthorization of the statewide pupil assessment program includes
all of the following:
(a) A plan for transitioning to a system of high-quality
assessments, as defined in the federal Race to the Top guidance and
regulations.
(b) Alignment with the standards developed pursuant to subdivision
(d) of Section 60605.8.
(c) Any common assessments aligned with the standards developed
pursuant to subdivision (d) of Section 60605.8.
(d) Conforms 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.

60605. (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.

60605.1. (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.

60605.2. (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.

60605.3. (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.

60605.5. (a) On or before November 15, 2001, the State Board of
Education shall adopt a performance standards system that includes
the following components:
(1) Performance levels.
(2) Performance level descriptors.
(3) Test administration data from the applicable State Board of
Education adopted tests.
(4) Exemplars of pupil performance that exemplify the content and
performance standards.
(b) The State Board of Education shall ensure that the
performance standards system is aligned to the state's academically
rigorous content standards.

60605.6. 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.

60605.7. 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.

60605.8. (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.

60605.9. 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.

60606. (a) After adopting an assessment of applied academic skills
for use in grades 4, 5, 8, and 10 pursuant to Section 60605, the
state board shall submit the instrument, once designated or adopted,
for review by the Statewide Pupil Assessment Review Panel, which is
hereby established.
(b) The panel shall consist of six members. Three members shall be
appointed by the Governor, one member shall be appointed by the
Senate Committee on Rules, one member shall be appointed by the
Speaker of the Assembly, and one member shall be appointed by the
Superintendent. A majority of the panel shall consist of parents
whose children attend public schools in the state in kindergarten and
grades 1 to 12, inclusive.
(c) Panel members shall serve two-year terms, without
compensation. No panel member shall serve more than two consecutive
terms.
(d) The panel shall review the instrument specified in subdivision
(a) in order to ensure that the content of the instrument complies
with the requirements of Section 60614. Notwithstanding any other
provision of law, the panel may meet in closed session with a
publisher for the purpose of addressing questions and clarifying
issues that relate to ensuring that the content of the publisher's
test or assessment, as the case may be, complies with the
requirements of Section 60614.
(e) The panel shall report its findings and recommendations to the
state board within 10 days of its receipt of the instrument. If the
panel fails to report within the required 10 days, the test or
assessment shall be deemed acceptable to the panel.

60607. (a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results of
the achievement test required and administered annually as part of
the Standardized Testing and Reporting (STAR) Program established
pursuant to Article 4 (commencing with Section 60640), results of
end-of-course exams he or she has taken, and the vocational education
certification exams he or she chose to take.
(b) It is the intent of the Legislature that school districts and
schools use the results of the academic achievement tests
administered annually as part of the statewide pupil assessment
program to provide support to pupils and parents or guardians in
order to assist pupils in strengthening their development as
learners, and thereby to improve their academic achievement and
performance in subsequent assessments.
(c) (1) Any pupil results or a record of accomplishment shall be
private, and may not be released to any person, other than the pupil'
s parent or guardian and a teacher, counselor, or administrator
directly involved with the pupil, without the express written consent
of either the parent or guardian of the pupil if the pupil is a
minor, or the pupil if the pupil has reached the age of majority or
is emancipated.
(2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational institution
for the purposes of credit, placement, or admission.
(B) Notwithstanding paragraph (1), the results of an individual
pupil on the California Standards Test may be released to a
postsecondary educational institution for the purposes of credit,
placement, or admission.

60608. 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.

60610. At the request of the State Board of Education, and in
accordance with rules and regulations that the board may adopt, each
county superintendent of schools shall cooperate with and assist
school districts under his or her jurisdiction in carrying out the
testing programs of those districts and other duties imposed on
school districts by this chapter.

60611. (a) A city, county, city and county, district superintendent
of schools, or principal or teacher of any elementary or secondary
school, including a charter school, shall not carry on any program of
specific preparation of pupils for the statewide pupil assessment
program or a particular test used therein.
(b) A city, county, city and county, district superintendent of
schools, principal, or a teacher of an elementary or secondary
school, including a charter school, may use instructional materials
provided by the department or its agents in the academic preparation
of pupils for the statewide pupil assessment if those instructional
materials are embedded in an instructional program that is intended
to improve pupil learning.

60612. Upon adoption or approval of assessments pursuant to this
chapter, the Superintendent of Public Instruction shall prepare and
make available to parents, teachers, pupils, administrators, school
board members, and the public easily understood materials describing
the nature and purposes of the assessments, the systems of scoring,
and the uses to which the assessments will be put.

60613. 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.

60614. 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.

60615. 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.

60616. 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.

60617. 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.

60618. (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.