SECTIONS 60810-60812 - California Statutes

EDUCATION CODE

SECTION 60810-60812

60810. (a) (1) The Superintendent shall review existing tests that
assess the English language development of pupils whose primary
language is a language other than English. The tests shall include,
but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills. The Superintendent
shall determine which tests, if any, meet the requirements of
subdivisions (b) and (c). If any existing test or series of tests
meets these criteria, the Superintendent, with approval of the state
board, shall report to the Legislature on its findings and
recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meets
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2000-01 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. The early literacy assessment
shall be administered for a period of three years beginning after the
initial administration of the assessment or until July 1, 2012,
whichever occurs first. Six months after the results of the last
administered assessment are collected, but no later than January 1,
2013, the department shall report to the Legislature on the
administration of the kindergarten and grade 1 early literacy
assessment results, as well as on the administrative process, in
order to determine whether reauthorization of the early literacy
assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the test and procedures for
its administration are age and developmentally appropriate. Age and
developmentally appropriate procedures for administration may
include, but are not limited to, one-on-one administration, a small
group setting, and orally responding or circling a response to a
question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary
language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.

60811. Not later than July 1, 1999, the State Board of Education
shall approve standards for English language development for pupils
whose primary language is a language other than English. The
standards shall be comparable in rigor and specificity to the
standards for English language arts adopted pursuant to Section
60605.

60812. Commencing the school year following the year in which the
Superintendent of Public Instruction has developed or identified a
test pursuant to this chapter, the State Department of Education
shall place the results of the statewide test, including average
scores for every school district on its Internet site for public
access.