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California Department of Education
Executive Office
SBE-003 (REV.09/2011)
dsib-adad-mar17item01 / ITEM #10
/ CALIFORNIA STATE BOARD OF EDUCATION
MARCH 2017 AGENDA

SUBJECT

California Assessment of Student Performance and Progress: Approve Commencement of Rulemaking for Amendments to the California Code of Regulations, Title 5, Sections 850 through 859. / Action
Information
Public Hearing

SUMMARY OF THE ISSUE(S)

The California Department of Education (CDE) is responsible for the oversight of the California Assessment of Student Performance and Progress (CAASPP) System, which is governed by CaliforniaEducation Code (EC) sections 60640 through 60649. As required by EC Section 60640(q), the California Code of Regulations, Title 5(5 CCR) sections 850 through 868 were amended to conform the state’s testing regulations to the CAASPP System. Permanent CAASPP regulations were approved by the Office of Administrative Law (OAL) on August 27, 2014. The first operational administration of the CAASPP took place in the spring of 2015.

Following the first operational administration of the CAASPP, it became necessary to amend the regulations to reflect changes in CAASPP testing. Amendments to the CAASPP regulations were approved by the OAL on an emergency basis in the fall of 2015 and permanent amendments to the regulations were approved on May 18, 2016. The second operational administration of the CAASPP took place in spring 2016 based on the revisions to the CAASPP regulations.

Following the second operational administration of the CAASPP, it became evident that a few specific changes needed to be implemented to ensure testing for the 2016–17 school year would be valid and reliable and consistent with state and federal laws. At its January 2017 meeting, the State Board of Education (SBE) adopted amended regulations on an emergency basis which included “locking down” pupils’ grade levels for purposes of CAASPP testing, including specific beginning and ending dates for the testing window, approving the use ofa few new accessibility supports, and adding a new section regarding the testing of pupils with the most significant cognitive disabilities in order to conform to the new federal Every Student Succeeds Act (ESSA).

Pursuant to ECSection 60640, the CDE has prepared to updatethe CAASPP System to include three new assessments: the California Science Test (CAST) aligned with the California Next Generation Science Standards (CA NGSS), the California Alternate Assessment (CAA for Science) for science, and the successor to the California Standards-based Tests in Spanish (STS), the California Spanish Assessment (CSA) aligned with the Common Core State Standards in Español. These new assessments require the addition of testing procedures and policies consistent with those assessmentsin addition to the need to definethe pupil population eligible to take the new assessments. Also, the assessment consortium of which California is a member, Smarter Balanced Assessment Consortium (Consortium), recently made changes in some of its policies; changes with which the CAASPP regulations must conform by state law in order to ensure that test results are valid and reliable.

The amendments also include changes proposed to the SBE in January 2017in the emergency regulations, whichcontain specificdates for CAASPP testing window, grade lock down procedures for reporting purposes, and a few new definitions for added clarity to prevent delays and errors in reporting. Additionally, a new section was needed to align to the requirements of the new ESSAlaw related to reporting requirements for the testing of pupils with the most significant cognitive disabilities. Finally, minor revisions were needed to ensure consistency of terms, and the deletion of tests that are no longer in use.

RECOMMENDATION

The CDE recommends that the SBE take the following actions:

  • Approve the Notice of Proposed Rulemaking.
  • Approve the Initial Statement of Reasons (ISOR).
  • Approve the proposed amendments to the regulations.
  • Direct the CDE to commence the rulemaking process.
  • Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the OAL during its review of the Notice, ISOR and proposed regulations.

BRIEF HISTORY OF KEY ISSUES

On October 2, 2013, Governor Brown signed Assembly Bill (AB) 484 (Chapter 489, Statutes of 2013), which amended EC sections 60601 through 60649, 99300, and 99301 and established the CAASPP System. The CAASPP System replaces the Standardized Testing and Reporting Program and provides for the designation or development of statewide assessments and the administration of those assessments. The provisions of AB 484 took effect on January 1, 2014.

Pursuant to EC Section 60640(q), 5 CCR sections 850 to 868 were revised by the SBE to conform to the statutory changes made in AB 484. These amendments revised definitions, requirements, responsibilities, and guidelines for the administration; and test security, reporting, and apportionmentsrelated to the CAASPP System. The amendments were approved initially as emergency regulations and later approved by the OAL as permanent regulations on August 27, 2014.

Under these regulations, the first operational assessments took place March 9, 2015 through July 31, 2015, and included the new computer-based assessments provided by the Consortium.

The CDE, at the direction of the SBE and in collaboration with its CAASPP testing contractor, conducted evaluations of the first operational CAASPP test administration and identified required amendments to be made to the regulations for the second operational administration, including the addition of accessibility supports in alignment with Consortium policy, the addition of a testing window for the new CAAs for English language arts/literacy and mathematics, clarifications to language needed for the new online tests (not necessary for the paper-pencil tests), and minor format and language clarifications. These amendments were adopted by the OAL on an emergency basis to allow for the timely preparation and administration of the second operational administration of the CAASPP assessments; they were also adopted through the regular rulemaking process and approved by OAL on May 18, 2016. The CDE successfully administered the 2015–16 administration of the online CAASPP assessments March 10, 2016 through July 31, 2016.

As preparations for the third operational administration of the CAASPP assessments are under way for the 2016–17 school year, the regulations must again be revised to substitute three new tests, the CAST, the CAA for Science, and the CSA, for tests aligned to former state-adopted standards; to add the necessary procedures and accessibility supports for these assessments; to update the list of existing accessibility supports to conform to changes in Consortium policy; to reorganize some sections for clarity and ease of use; and to add and revise definitions and terms to accommodate improvements in test administration procedures and reporting.

Specifically, the proposed amendments to the CAASPP regulations include, but are not limited to, the following:

  • Recognizing the CAST as the new science test pursuant to EC Section 60640(b)(2)(B); the CSA as the successor primary language assessment to the STS, when operational, pursuant to EC sections 60640((b)(5) and 60640(j); and the CAA for Science as the successor alternate assessment to the California Alternate Performance Assessment (CAPA) for Science pursuant to EC Section 60640(b)(3)
  • Adding to Section 850 definitions for “California Spanish Assessment,” “California Science Test,” “operational,” and “pupils with the most significant cognitive disabilities”
  • Revising Section 850 definitions for “recently arrived English learner,” “alternate assessments, and ”primary language assessment”
  • Revising Section 851 to specify when a pupil’s grade is locked for scoring and reporting procedures
  • Adding to Section 851.5 for clarification on eligibility criteria for the primary language assessment (PLA), CAA for Science, CAST, and a revision to eligibility criteria for the optional STS
  • Reordering the list of tests in Section 851.5
  • Adding reorganized sections 854.1 to 854.9, (replacing sections 853.5–853.8) to address the Use of Universal Tools, Designated Supports and Accommodations on each of the CAASPP tests, including any new changes to existing accessibility supports and additional supports for the new CAST and PLA
  • Adding Section 856 to require local educational agencies (LEAs) to inform the CDE if they plan to exceed the alternate assessment 1.0 percent cap as required by the ESSA Section 111(b)(2)(D)

SUMMARYOF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION

At its January 2017 meeting, the SBE approved the Finding of Emergency and Emergency Regulations to allow the timely preparations for the administration and reporting of the spring 2017 CAASPP administration.

At its May 2016 meeting, the SBE approved the revised Finding of Emergency and approved readoption of the Emergency CAASPP regulations so that the CAASPP regulations would continue to be in place pending OAL’s approval of the revised permanent regulations.

At its March 2016 SBE meeting, the SBE approved changes to the proposed permanent regulations and directed that the amended regulations be circulated for a 15-day public comment period, March 10–25, 2016, and directed the CDE, assuming no relevant comments to the proposed changes were received, to deem the proposed permanent regulations adopted (no relevant comments were received and the revised permanent regulations were approved by the OAL on May16, 2016).

At its November 2015 meeting, the SBE adopted the proposed amendments to the CAASPP regulations as emergency regulations. The emergency regulations were approved by the OAL and became effective on November 23, 2015. Additionally, the SBE approved commencement of the regular rulemaking process for permanent amendments to the CAASPP regulations.

At its July 2014 meeting, the SBE readopted the emergency regulations for CAASPP. The emergency re-adoption rulemaking file was submitted to the OAL on July 16, 2014. The re-adoption of the emergency regulations was approved by the OAL on July 23, 2014. Additionally, the SBE adopted the permanent rulemaking file at its July 2014 meeting. The rulemaking file was submitted to the OAL on July 16, 2014, and permanent regulations for CAASPP were approved and became effective on August 27, 2014.

At its January 2014 meeting, the SBE for the first-time adopted proposed emergency regulations for CAASPP. The emergency regulations were approved by the OAL and became effective on February 3, 2014. Additionally, the SBE approved commencement of the regular rulemaking process for the permanent regulations.

FISCAL ANALYSIS (AS APPROPRIATE)

An Economic and Fiscal Impact Statement, Attachment 4, will be provided as an Addendum.

ATTACHMENT(S)

Attachment 1: Notice of Proposed Rulemaking (6pages)

Attachment 2: Initial Statement of Reasons (14 pages)

Attachment 3: Text of Proposed Regulations (39 pages)

Attachment 4: Economic and Fiscal Impact Statement (STD. 399) (5 pages). This attachment will be provided as an Item Addendum.

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Attachment 1

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CALIFORNIA DEPARTMENT OF EDUCATION
TOM TORLAKSON, State Superintendent of Public Instruction /

CALIFORNIA STATE BOARD OF EDUCATION

MICHAEL W. KIRST, President
916-319-0800 / 1430 N Street Sacramento, CA 95814-5901 / 916-319-0827

NOTICE OF PROPOSED RULEMAKING

AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 5,

REGARDING California Assessment of Student Performance and

Progress (CAASPP)

[Notice published March 24, 2017]

NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the regulations described below after considering all comments, objections, or recommendations regarding the proposed action.

PUBLIC HEARING

California Department of Education (CDE) staff, on behalf of the SBE, will hold a public hearing at 9:30 a.m. on May 8, 2017, at 1430 N Street, Room 1801, Sacramento, California. The room is wheelchair accessible. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest. The SBE requests, but does not require, that persons who make oral comments at the public hearing also submit a written summary of their statements. No oral statements will be accepted subsequent to this public hearing.

WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to:

Patricia Alverson, Regulations Coordinator

Administrative Support and Regulations Adoption Unit

California Department of Education

1430 N Street, Room 5319

Sacramento, CA95814

Comments may also be submitted by facsimile (FAX) at 916-319-0155 or by e-mail to .

Comments must be received by the Regulations Coordinator prior to 5:00 p.m. on May8, 2017. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act.

AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as described in this Notice

or may modify the proposed regulations if the modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified regulation will be available for 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations.

AUTHORITY AND REFERENCE

Authority: Sections 33031, 60605 and 60640, Education Code.

Reference: Sections 306, 37670, 47605, 47605.8, 47651, 48645.1, 56034, 60602.5, 60603, 60604, 60605, 60611, 60615, 60640, 60641, 60642.5 and 60642.6, Education Code; 5 CCR 11967.6; 20 U.S.C. Sections 1412(a)(16), 6311(b)(2)(D)(ii)(II), and 6311(b)(1)(E); and 34 C.F.R. Sections 200.1 and 300.160.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Assembly Bill 484 (Chapter 489, Statutes of 2013) authorized a new statewide testing program, the California Assessment of Student Performance and Progress (CAASPP) System. Provisions of AB 484 took effect in January 2014. Pursuant to California Education Code (EC) 60640, the CDE has prepared to update the CAASPP System to include three new assessments: the new California Science Test (CAST) aligned with the California Next Generation Science, the Standards (CA NGSS); the new California Alternate Assessment for Science (CAA for Science); and the California Spanish Assessment (CSA), aligned with the Common Core State Standards in Español. This requires the addition of testing procedures and policies consistent with those assessments. Additionally, the assessment consortium of which California is a member, Smarter Balanced Assessment Consortium (Consortium), recently made changes in some of its policies; changes with which the CAASPP regulations must conform by state law in order to ensure that test results are valid and reliable. Finally, the new Every Student Succeeds Act (ESSA) introduced additional requirements to the CAASPP System related to the testing of the most significantly cognitive disabled pupils. As required by EC Section 60640(q), Title 5 of the California Code of Regulations (5 CCR) sections 850 through 859 were amended to conform the state’s testing regulations to the CAASPP System.

CAASPP test results are used to improve teaching and learning by schools and districts in California. The CAASPP tests are also developed, administered, and reported in accordance with federal requirements. The proposed amendments are designed to assure that the tests within the CAASPP are administered fairly and consistently throughout the state so that valid and reliable results are available for accountability determinations and to provide schools and educators with accurate information to improve student learning, and in so doing, prevent harm to the public peace, health, safety, and general welfare and progress of California pupils.

Anticipated Benefits of the Proposed Regulation

The benefit of enacting the proposed amendments are the promotion of an optimal and fair test administration for eligible students. The clarification of terminology and supports introduced by the addition of the new CAASPP tests will aid local educational agencies (LEAs) and educators in selecting and activating accessibility resources to students who can benefit from them, including supports for English learners (ELs). Additionally, the proposed amendments support increased local control, and strengthen validity, reliability and accuracy of statewide achievement scores used for the purposes for guiding instruction, gauging students’ readiness for career and college, and for meeting state and federal accountability requirements.

Determination of Inconsistency/Incompatibility with Existing State Regulations

The CDE reviewed all state regulations relating to the CAASPP System and found that none existthat are inconsistent or incompatible with these proposed regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT

The SBE has made the following initial determinations:

There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations.

The proposed regulations do not require a report to be made.

Mandate on local agencies and school districts: None

Cost or savings to any state agency: None

Costs to any local agencies or school districts for which reimbursement would be required pursuant to Part 7 (commencing with section 17500) of division 4 of the Government Code: None

Other non-discretionary costs or savings imposed on LEAs: None

Costs or savings in federal funding to the state: None

Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None

Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Effect on housing costs: None

Effect on small businesses: The proposed regulations would not have an effect on any small business because the proposed amendments only affect LEAs and would have no impact on the private sector.

results of the Economic Impact Analysis

The SBE concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or eliminate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California.

Benefits of the Proposed Action: The proposed regulations ensure the standard, efficient and effective implementation of a successful statewide assessment for California’s public school children. Administering assessments that align with Consortium policies for accessibility are critical to ensuring valid and reliable test measures against which to gauge student progress. Clear and consistent procedures are also critical to ensuring that the statewide assessments are administered using standardized procedures that also support accurate, fair, valid, and reliable measures. The proposed changes will help to provide better information about student performance to teachers, parents, and administrators, to ultimately improve teaching and student learning, thus enhancing the general welfare, promoting fairness and social equity and increasing openness and transparency in government.