California Assembly Bill AB250 Amended / Bill

 BILL NUMBER: AB 250AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 27, 2011 INTRODUCED BY Assembly Member Brownley FEBRUARY 3, 2011 An act to amend Sections  60204 and 60601   60200, 60203, 60204, 60601, 60603, 60604, 60604.5, 60605.6, 60640, 60642.5, and 60643  of, to add Sections  60200.8,  60207, 60208, and 60640.1 to, and to repeal  Section 60200.1   Sections 60200.1 and 60643.1  of, the Education Code, relating to instructional materials. LEGISLATIVE COUNSEL'S DIGEST AB 250, as amended, Brownley. Instructional  materials.   materials: pupil assessment.  (1) Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards and authorizes the  state  board to establish criteria for that purpose. Existing law sets forth a schedule for the submission of instructional materials to the state board for adoption. Notwithstanding this schedule, existing law prohibits the state board from adopting instructional materials or following the procedures related to that adoption until the 2013-14 school year. This bill would delete the schedule for submission of instructional materials for foreign languages and health and the exception to the requirement that criteria for the evaluation of instruction be approved when curriculum frameworks are approved or at least 30 months before the date that the materials are to be approved for adoption.  The bill would require that materials for mathematics be submitted for adoption in 2014, and for English language arts in 2016.  (2) Existing law establishes the Academic Content Standards Commission and requires the commission to develop internationally benchmarked academic content standards, at least 85% of which are required to be the common core academic standards developed by the Common Core State Standards Initiative  Consortium   consortium  or another specified interstate collaboration. Existing law requires the state board by August 2, 2010, to either adopt the standards proposed by the commission or reject them. This bill would require the state board to adopt revised curriculum frameworks and evaluation criteria that are aligned to the common core academic content standards developed by the consortium and adopted by the board for mathematics and  English  language arts no later than  December 31, 2012   May 30, 2013  , and  March 1, 2013   May 30, 2014  , respectively. The bill would require state board policies to ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include the English language development standards as adopted by the state board in 1997 and revised thereafter, and English language development strategies in the four core subjects of mathematics, science, history-social science, and English language arts. The bill also would require state board policies to ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include strategies to address the needs of pupils with disabilities in the four core subjects of mathematics, science, history-social science, and English language arts.  The bill would require the curriculum frameworks to describe the manner in which content can be delivered to intentionally build pupil creativity, innovation, critical thinking, problem solving, collaboration, and communication into and across each content area.  (3) Existing law requires the Curriculum Development and Supplemental Materials Commission to recommend curriculum frameworks for adoption by the state board, develop criteria for evaluating instructional materials, study and evaluate instructional materials submitted for adoption, recommend to the state board instructional materials that it approves for adoption, and review specified educational films or video recordings. This bill would delete the requirement that the commission study and evaluate instructional materials, recommend instructional materials, and review specified educational films or video recordings. The bill would require the criteria developed for evaluating instructional materials to include directions to publishers to align the materials with English language development standards and incorporate strategies to address the needs of English learners and pupils with disabilities. The bill would state the intent of the Legislature to provide to local educational agencies a process by which they may identify, evaluate, and recommend instructional materials for adoption to the state board, ensure that school districts are provided with as many standards-aligned instructional material options as possible, and  offer opportunities for professional development training to teachers to support the transition to and implementation of the common core academic content standards adopted by the state board   direct the Superintendent of Public Instruction, in consultation with teachers and county offices of education, to develop professional development modules and to develop criteria to guide the development of those modules  .  The bill would authorize the Superintendent and school districts to recommend to the state board instructional materials for its adoption and would require the state board to adopt procedures for the review of those instructional materials by the Superintendent and school districts.  (4) Existing law, the Leroy Greene California Assessment of Academic Achievement Act (hereafter the Greene Act), requires the Superintendent to design and implement a statewide pupil assessment program, and requires school districts, charter schools, and county offices of education to administer to each of its pupils in grades 2 to 11, inclusive, certain achievement tests, including a standards-based achievement test pursuant to the Standardized Testing and Reporting (STAR) Program.  This bill would eliminate grade 2 testing under the STAR program. The bill would modify the schedule of subject areas and grades to be assessed under the STAR program and would include end of course assessments in specified subjects in the STAR program.   Existing   (5)     Existing  law authorizes a school district, at its option  ,  to administer to pupils with limited English proficiency who are enrolled in any of grades 2 to 11, inclusive, a second  STAR  achievement test in their primary language. Existing law requires the department to use funds made available pursuant to Title VI of the federal No Child Left Behind Act of 2001  (20 U.S.C. Sec. 6301 et seq.)  and appropriated by the annual Budget Act for the purpose of developing and adopting primary language assessments that are aligned to the state academic content standards. This bill would authorize the  department   State Department of Education  , subject to approval by the state board, to make these primary language assessments available to school districts to assess their nonlimited-English-proficient pupils who are enrolled in a dual language immersion program and their redesignated fluent-English-proficient pupils. The bill would require a school district that chooses to administer a primary language assessment pursuant to this authority to do so at its own expense.  The bill would define, for purposes of the Greene Act, formative assessment, high-quality assessment, and interim assessment.   (6) Existing law requires the STAR test publisher to make available a reading list on the Internet that would assist pupils in achieving a higher level of reading proficiency on the English language arts portion of the achievement tests.   This bill would repeal this requirement.   (5)   (7)  Existing law makes the Greene Act inoperative on July 1, 2013, and repeals it on January 1, 2014. This bill would  make   require the Superintendent to develop recommendations, to be reported to the fiscal and appropriate policy committees of both houses of the Legislature on or before November 1, 2012, for the reauthorization of the statewide pupil assessment program and would require the recommendations to include a plan for transitioning to a system of high-quality assessments. The bill would require the recommendations to consider including specified characteristics in the reauthorized assessment system  .  The bill would make  the  act   Greene Act  inoperative on July 1, 2014, and would repeal the act as of January 1, 2015. By extending the time period during which school districts are required to perform various duties relating to the administration of achievement tests, the bill would impose a state-mandated local program.  (6)   (8)  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. 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Curriculum Support and Reform Act of 2011. SEC. 2. (a) The Legislature finds and declares all of the following: (1) California's pupils need and deserve access to instructional programs that reflect the knowledge and skills that will prepare them to be successful in college, careers, citizenship, and the global economy. (2) To ensure that all pupils are provided with resources and learning expectations necessary to succeed and be competitive in the 21st century, it is imperative that the state's curriculum and assessment system be based on high-quality, research- and evidence-based academic content standards and promote creativity, innovation, critical thinking, problem solving, collaboration, and communication skills in all content areas.  (3) To ensure that all California pupils are provided the curriculum content necessary to be competitive in the 21st century, it is essential that these pupils be taught by highly qualified and effective teachers who are trained in strategies that promote creativity, exploration, innovation, critical thinking, problem solving, collaboration, and communication skills as well as the academic content standards.   (4) To ensure that California schools will prepare pupils to be competitive in the 21st century, it is necessary that school and school district administrators be trained not only in the academic content standards and the state's high-quality assessment system, but also in instructional leadership and management strategies that include, but are not limited to, pedagogies of learning, motivation of pupil learning, collaboration, respect for diversity, parental involvement, staff relations and morale, and general training in day-to-day school operations.   (3)   (5)  The state's current testing system includes grade level and course specific tests, alternative and modified assessments for pupils with special needs, primary language content tests in Spanish, an English language development test, a high school exit examination, and physical fitness tests.  (4)   (6)  Extending much of the state assessment system by an additional year will allow the Legislature to examine current federal initiatives and the call for the development of common  assessment   assessments  , and to position the state's assessments in a manner that will allow the state to adapt to changes in federal law, including the reauthorization of the federal Elementary and Secondary Education Act, before considering proposals for the reauthorization of the state assessment system.  (5)   (7)  The recent adoption of California's new common core  academic  content standards will only have an impact on the academic achievement of the state's pupils if the state works to support teachers and improve instruction by developing and adopting curriculum frameworks, instructional materials, professional development, and assessments that are aligned to the standards and appropriate for all pupils. (b) It is the intent of the Legislature, in enacting this act, to do all of the following:  (1) Develop a curriculum, instruction, and assessment system to implement the common core state standards that intentionally does both of the following:   (A) Focuses on integrating 21st century skills, including critical thinking, problem solving, communication, collaboration, creativity, and innovation, as a competency-based approach to learning in all academic core content areas, including English language arts, mathematics, history-social science, science, visual and performing arts, and world languages.   (B) Promotes higher order thinking skills and interdisciplinary approaches that integrate the use of supportive technologies, inquiry, and problem-based learning to provide contexts for pupils to apply learning in relevant, real-world scenarios and that prepare pupils for college, career, and citizenship in the 21st century.   (1)   (2)  Start a process for the development and adoption of curriculum frameworks  and instructional materials  that are aligned to the state's common core academic content standards.  (3) Create and sustain professional development training opportunities that support teachers and administrators in delivering to all pupils curriculum and instruction that are aligned to the state's common core academic content standards.   (2)   (4)  Extend the operative date of the state's assessment system by one year and position the state's assessments in a manner that will give the state flexibility to adapt to changes in federal law and transition to high-quality assessments that are aligned to the common core  academic content  standards.  (3) Create professional development training opportunities that support teachers in delivering to all pupils curriculum and instruction that are aligned to the state's common core academic standards.   SEC. 3.   Section 60200 of the   Education Code   is amended to read:  60200. The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions: (a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following  categories   subject areas  : (1) Language arts, including, but not limited to, spelling and reading. However, the state board may not adopt basic instructional materials in this category or the category specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this category for the same grade level. (2) Mathematics.  However, the   The  state board may not adopt basic instructional materials in this category or the category specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this category for the same grade level. (3) Science. (4) Social science. (5) Bilingual or bicultural subjects. (6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. (b) The state board shall adopt procedures for the submission of basic instructional materials  and for review of submitted instructional materials by the Superintendent and school districts  in order to comply with each of the following: (1) Instructional materials may be submitted for  adoption   review by the Superintendent and school districts  in any of the subject areas pursuant to paragraphs (1) to (5), inclusive, of subdivision (a)  not less than  two times every six years and in any of the subject areas pursuant to paragraph (6) of subdivision (a)  not less than two times  every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area consistent with the six- and eight-year submission cycles and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes. (2)  Submitted instructional   Instructional    materials  recommended by the Superintendent or a school district for adoption by the state board  shall be adopted or rejected within six months of the  submission  date  of  the materials  pursuant to paragraph (1)   are recommended by the Superintendent or a school district  , unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board.  (c) (1) The Superintendent and school districts may recommend to the state board instructional materials for its adoption and use in kindergarten and grades 1 to 8, inclusive.   (2) The Superintendent or a school district may recommend only instructional materials that meet the criteria specified in paragraphs (1) to (5), inclusive, of subdivision (d) and any other criteria that the state board may establish as necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution.   (3) When the Superintendent and school districts recommend instructional materials to the state board, they shall include reports of findings that include information regarding alignment of standards, program organization, pupil assessments, teacher support, and support for English language learners and pupils with disabilities.   (4) The governing board of a school district choosing to recommend instructional materials to the state board shall ensure that a majority of a review committee convened by the school district for the purpose of selecting the instructional materials is comprised of classroom teachers who are assigned to teach the grade in which the instructional materials are to be used.   (c)   (d)  In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria: (1) Are consistent with the criteria and the standards of quality prescribed in the state board's adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole. (2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board's guidelines for social content. (3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research. (4)  Adequately cover the  Are aligned to the content standards adopted by the state board in the  subject area  for   and  the grade level or levels for which they are submitted. (5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the  state  board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings: (A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board. (B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration. (6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 30 months  prior to   before  the date that the materials are to be approved for adoption.  (d)   (e)  If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based upon one or more of the criteria established under subdivision  (c)   (d)  . In providing this explanation, the state board may use, in whole or in part, materials written by the  commission   Superintendent, school districts,  or any other advisers to the state board.  (e)   (f)  The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs: (1) Fewer than five basic instructional materials are submitted. (2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision  (c)   (d)  , or the materials fail to meet the state board's adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board's adopted curriculum framework.  (f)  (g)  This section does not limit the authority of the state board to adopt materials that are not basic instructional materials.  (g)   (h)  If  a district board   the governing board of a school district  establishes to the satisfaction of the state board that the state-adopted instructional materials do not promote the maximum efficiency of pupil learning in the  school  district, the state board shall authorize that  district  governing board  of the school district  to use its instructional materials allowances to purchase materials as specified by the state board, in accordance with standards and procedures established by the state board.  (h)   (i)  Consistent with the quality criteria for the state board's adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils.  (i)   (j)  Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state's systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the  state  board for continuing items on that list shall be the date on which the state board adopts instructional materials based upon a new or revised curriculum framework. Lists of adopted materials shall be made available by subject and grade level  to school districts and posted on the department's Internet Web site   and shall include information from the reports of findings pursuant to paragraph (3) of subdivision (c)  . The lists shall terminate and shall no longer be effective on the date prescribed by the state board pursuant to this subdivision.  (j)   (k)  The state board may approve multiple lists of instructional materials, without designating a grade or subject, and the state board may designate more than one grade or subject whenever it determines that a single subject designation or a single grade designation would not promote the maximum efficiency of pupil learning. Any materials so designated may be placed on single grade or single subject lists, or multigrade or interdisciplinary lists, or may be placed on separate lists including other materials with similar grade or subject designations.  (k)   (l)  A composite listing in the format of an order form may be used to meet the requirements of this section.  (  l  )  (m)  The lists maintained pursuant to this section shall not be deemed to control the use period by any school district.  (m)   (n)  The state board shall give publishers the opportunity to modify instructional materials, in a manner provided for in regulations adopted by the state board, if the state board finds that the instructional materials do not comply with paragraph (5) of subdivision  (c)   (d)  .  (n)   (o)  This section does not prohibit the publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content.  (o)   (p)  The state board may adopt regulations that provide for other exceptions to this section, as determined by the board.  (p)   (q)  The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section.  SEC. 3.   SEC. 4.  Section 60200.1 of the Education Code is repealed.  60200.1. (a) (1) The instructional materials described in paragraph (1) of subdivision (a) of Section 60200 shall be submitted to the state board for adoption in 2008. (2) The instructional materials for foreign languages shall be submitted to the state board for adoption in 2012. (3) The instructional materials for health shall be submitted to the state board for adoption in 2013. (b) Notwithstanding any other provision of law, the requirement in paragraph (6) of subdivision (c) of Section 60200 that other criteria be approved at least 30 months before the date that the materials are to be approved for adoption shall not apply if all of the following conditions are met: (1) The criteria adopted are consistent with the content standards adopted by the state board in each of the four core content areas for which standards are adopted. (2) The schedule for the adoption of instructional materials requires instructional materials for history-social science to be adopted in November 2011, and instructional materials for science to be adopted by November 2012. (3) The state board approves criteria for the adoption of instructional materials in history-social science at least 18 months before the state board adopts instructional materials in history-social science. (4) The state board approves the criteria for the adoption of instructional materials for science at least 24 months before the state board adopts instructional materials in science.   SEC. 5.   Section 60203 of the   Education Code  is amended to read:  60203. The state board shall  give the commission   hold  a public hearing before  making any adoption of   adopting  instructional materials for use in the elementary schools of the state.  SEC. 5.   SEC. 6.  Section 60204 of the Education Code is amended to read: 60204. The commission shall do all of the following: (a) Recommend curriculum frameworks to the state board. (b) Develop criteria for evaluating instructional materials submitted for adoption so that the materials adopted shall adequately cover the subjects in the indicated grade or grades and comply with the provisions of Article 3 (commencing with Section 60040) of Chapter 1. The criteria developed by the commission shall be consistent with the duties of the state board pursuant to Section 60200. The criteria shall be public information and shall be provided in written or printed form to any person requesting that information. (1) The criteria shall include directions to publishers to align both lessons and teacher's editions, as appropriate, with English language development standards and incorporate strategies to address, at every grade level and subject, the needs of English learners, including, but not limited to, speakers of Spanish, Vietnamese, Filipino, Cantonese, Hmong, and Korean. (2) The criteria also shall include directions to publishers to incorporate instructional strategies to address the needs of pupils with disabilities in both lessons and teacher's editions, as appropriate, at every grade level and subject. (c) Recommend to the state board policies and activities to assist the department and school districts in the use of the curriculum framework and other available model curriculum materials for the purpose of guiding and strengthening the quality of instruction in the public schools.  SEC. 6.   SEC. 7.  Section 60207 is added to the Education Code, to read: 60207. (a) Notwithstanding Section 60200.7, the state board shall adopt revised curriculum frameworks and evaluation criteria that are aligned to the content standards adopted pursuant to Section 60605.8 for mathematics and English language arts no later than  December 31, 2012, and March 1, 2013, respectively.   May 30, 2013, and May 30, 2014, respectively.  (b) State board policies shall ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include the English language development standards as adopted by the state board in 1997 and revised thereafter, and English language development strategies in the four core subjects of mathematics, science, history-social science, and English language arts. (c) State board policies shall ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include strategies to address the needs of pupils with disabilities in the four core subjects of mathematics, science, history-social science, and English language arts.  (d) Each curriculum framework that the state board adopts shall describe, to the extent the state board deems appropriate, the manner in which content can be delivered to intentionally build all of the following skills into and across each content area:   (1) Creativity and innovation, including, but not limited to, thinking creatively, working creatively with others, and implementing innovations.   (2) Critical thinking and problem solving, including, but not limited to, reasoning effectively, using systems thinking, making judgments and decisions, and solving problems.   (3) Collaboration, including, but not limited to, working effectively in diverse teams, adapting to change and being flexible, demonstrating initiative and self-direction, working independently, demonstrating productivity and accountability, and demonstrating leadership and responsibility.   (4) Communication, including, but not limited to, communicating clearly and effectively through reading, writing, and speaking.   (5) Construction and exploration of new understandings of knowledge through the integration of content from one subject area to another and to provide pupils with multiple modes for demonstrating innovative learning.   SEC. 7.   SEC. 8.  Section 60208 is added to the Education Code, to read: 60208. It is the intent of the Legislature to do all of the following: (a) Provide to local educational agencies a process that is consistent with the implementation of standards-based curricula and the principle of local control and by which they may identify, evaluate, and recommend instructional materials for adoption to the state board. (b)  Ensure   Consistent with Section 60200.7, ensure  that school districts are provided with as many  high-quality  standards-aligned instructional material options as possible, so that educators may have many rigorous options in choosing the best materials that meet the needs of all pupils, including English learners and pupils with disabilities, and that ensure that their pupils are able to master the academic content standards adopted by the state board pursuant to Section 60605.8.  (c) Offer opportunities for professional development training to teachers to support the transition to and implementation of the state' s common core academic content standards adopted by the state board pursuant to Section 60605.8.   (c) Direct the Superintendent, in consultation with teachers and county offices of education, to do all of the following:   (1) Develop professional development modules for teachers, principals, and other school leaders.   (2) Develop criteria to guide the development of the professional development modules.   (3) Develop professional development modules to deepen the understanding of all of the following:   (A) The common core standards.   (B) Curriculum frameworks.  (C) English language development standards.   (D) Instructional strategies to support the learning of all pupils, including English learners, pupils with disabilities, and underperforming pupils.   (E) The use of assessments and data to support teaching and learning.   (F) The use of instructional technology.   (G) The integration of subject content knowledge.   (H) Instructional leadership and coaching.   (4) Ensure that professional development opportunities are available to teachers, principals, and school leaders.   (5) Provide professional development modules through multiple delivery methods, including, but not limited to, school-based and web-based delivery.   SEC. 8.   SEC. 9.  Section 60601 of the Education Code is amended to read: 60601. This chapter shall become inoperative on July 1, 2014, and as of January 1, 2015, is repealed, unless a later enacted statute that is enacted before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.  SEC. 10.   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) "Diagnostic assessment" means interim assessments of the current level of achievement of a pupil that serves both of the following purposes: (1) The identification of particular academic standards or skills a pupil has or has not yet achieved. (2) The identification of possible reasons that a pupil has not yet achieved particular academic standards or skills. (g) "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. (h) "End of course exam" means a comprehensive and challenging assessment of pupil achievement in a particular subject area or discipline.  (i) "Formative assessment" means assessment tools and processes that are embedded in instruction and are used by teachers and pupils to provide timely feedback for purposes of adjusting instruction to improve learning.   (j) "High-quality assessment" means an assessment designed to measure a pupil's knowledge of, understanding of, and ability to apply critical concepts through the use of a variety of item types and formats, including, but not limited to, items that allow for open-ended responses and items that require the completion of performance-based tasks. A high-quality assessment should have the following characteristics:   (1) Enable measurement of pupil achievement and pupil growth.   (2) Be of high technical quality by being valid, reliable, fair, and aligned to standards.   (3) Incorporate technology where appropriate.   (4) Include the assessment of pupils with disabilities and English learners.   (5) Use, to the extent feasible, universal design principles, as defined in Section 3 of the federal Assistive Technology Act of 1998 (29 U.S.C. Sec. 3002) in its development and administration.   (k) "Interim assessment" means an assessment that is given at regular and specified intervals throughout the school year, is designed to evaluate a pupil's knowledge and skills relative to a specific set of academic standards, and produces results that can be aggregated by course, grade level, school, or local educational agency in order to inform teachers and administrators at the pupil, classroom, school, and local educational agency levels.   (i)   (l)  "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 pupil has met the content standards and the degree to which a school or school district has met the content standards.  (j)   (m)  "Publisher" means a commercial publisher or any other public or private entity, other than the department, which is able to provide tests or test items that meet the requirements of this chapter.  (k)   (n)  "Statewide pupil assessment program" means the systematic achievement testing of pupils in grades  2   3  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.  SEC. 11.   Section 60604 of the   Education Code   is amended to read:  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   3  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   3  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.  SEC. 12.   Section 60604.5 of the   Education Code   is amended to read:  60604.5.  (a)    It is the intent of the Legislature that the reauthorization of the statewide pupil assessment program  includes   include  all of the following:  (a)   (1)  A plan for transitioning to a system of high-quality assessments  , as defined in the federal Race to the Top guidance and regulations  .  (b)   (2)  Alignment with the standards developed pursuant to subdivision (d) of Section 60605.8.  (c)   (3)  Any common assessments aligned with the standards developed pursuant to subdivision (d) of Section 60605.8.  (d)   (4)   Conforms   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) Ensuring that no aspect of the system creates any bias with respect to race, ethnicity, culture, religion, gender, or sexual orientation. (8) Incorporating a variety of item types and formats, including, but not limited to, open-ended responses and performance-based tasks. (9) 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. (10) Including the assessment of science and history/social science in all grade levels at or above grade 4. (11) Assessing a pupil's understanding of and ability to use the technology necessary for success in the 21st century classroom and workplace. (12) Providing for both formative and interim assessments, as those terms are defined in this chapter, in order to provide timely feedback for the purposes of continually adjusting instruction to improve learning. (13) 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. (14) Minimizing testing time while not jeopardizing the validity, reliability, fairness, or instructional usefulness of the assessment results. (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.   SEC. 13.   Section 60605.6 of the   Education Code   is amended to read:  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   3  to 11, inclusive. Each pupil in grades  2   3  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.  SEC. 14.   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) From the funds available for that purpose, each school district, charter school, and county office of education shall administer to each of its pupils in grades  2   3  to 11, inclusive, the standards-based achievement test provided for in Section 60642.5. The state board shall establish a testing period to provide that all schools administer these tests to pupils at approximately the same time during the instructional year, except as necessary to ensure test security and to meet the final filing date. (c) The publisher and the school district shall provide two makeup days for the testing of previously absent pupils within the testing period established by the state board in subdivision (b). (d) The governing board of the school district may administer achievement tests in grades other than those required by subdivision (b) as it deems appropriate. (e) Pursuant to Section 1412(a)(17) of Title 20 of the United States Code, individuals with exceptional needs, as defined in Section 56026, shall be included in the testing requirement of subdivision (b) with appropriate accommodations in administration, where necessary, and those individuals with exceptional needs who are unable to participate in the testing, even with accommodations, shall be given an alternate assessment. (f) (1) At the option of the school district, pupils with limited English proficiency who are enrolled in any of grades  2   3  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 subdivision (a) of Section 60641. These primary language tests shall produce individual pupil scores that are valid and reliable. (2) Notwithstanding any other law, the state board shall designate for use, as part of this program, a single primary language test in each language for which a test is available for grades  2   3  to 11, inclusive, pursuant to the process used for designation of the assessment chosen in the 1997-98 fiscal year, as specified in Section 60643, as applicable. (3) (A) The department shall use funds made available pursuant to Title VI of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and appropriated by the annual Budget Act for the purpose of developing and adopting primary language assessments that are aligned to the state academic content standards. Subject to the availability of funds, primary language assessments shall be developed and adopted for reading/language arts and mathematics in the dominant primary language of limited-English-proficient pupils. The dominant primary language shall be determined by the count in the annual language census of the primary language of each limited-English-proficient pupil enrolled in the California public schools. (B) Once a dominant primary language assessment is available for use for a specific grade level, it shall be administered in place of the assessment designated pursuant to paragraph (1) for that grade level. (C) In choosing a contractor to develop a primary language assessment the state board shall consider the criteria for choosing a contractor or test publisher as specified by Section 60643, and as specified by Section 60642.5, as applicable. (D) Subject to the availability of funds, the assessments shall be developed in grade order starting with the lowest grade subject to the STAR Program. (E) If the state board contracts for the development of primary language assessments or test items to augment an existing assessment, the state shall retain ownership rights to the assessment and the test items. With the approval of the state board, the department may license the test for use in other states subject to a compensation agreement approved by the Department of Finance. (F) On or before January 1, 2006, the department shall submit to the Legislature a report on the development and implementation of the initial primary language assessments and recommendations on the development and implementation of future assessments and funding requirements. (g) A pupil identified as limited English proficient pursuant to the administration of a test made available pursuant to Section 60810 who is enrolled in any of grades  2   3  to 11, inclusive, and who either receives instruction in his or her primary language or has been enrolled in a school in the United States for less than 12 months shall be required to take a test in his or her primary language if a test is available. (h) (1) The Superintendent shall apportion funds to school districts to enable school districts to meet the requirements of subdivisions (b), (e), (f), and (g). (2) The state board annually shall establish the amount of funding to be apportioned to school districts for each test administered and annually shall establish the amount that each publisher shall be paid for each test administered under the agreements required pursuant to Section 60643. The amounts to be paid to the publishers shall be determined by considering the cost estimates submitted by each publisher each September and the amount included in the annual Budget Act, and by making allowance for the estimated costs to school districts for compliance with the requirements of subdivisions (b), (e), (f), and (g). (3) An adjustment to the amount of funding to be apportioned per test shall not be 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. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation for the apportionments made pursuant to paragraph (1) of subdivision (h), and the payments made to the publishers under the contracts required pursuant to Section 60643 or subparagraph (C) of paragraph (1) of subdivision (a) of Section 60605 between the department and the contractor, are "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) 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  2   3  to 11, inclusive. (2) The number of pupils to whom an achievement test was administered in grades  2   3  to 11, inclusive, in the school district. (3) The number of pupils in paragraph (1) who were exempted from the test at the request of their parents or guardians. (k) The Superintendent and the state board are authorized and encouraged to assist postsecondary educational institutions to use the assessment results of the California Standards Tests, including, but not limited to, the augmented California Standards Tests, for academic credit, placement, or admissions processes. (l) The Superintendent, with the approval of the state board, annually shall release to the public test items from the standards-based achievement tests pursuant to Section 60642.5 administered in previous years. The minimum number of test items released per year shall be equal to 25 percent of the total number of test items on the test administered in the previous year.  SEC. 9.   SEC. 15.  Section 60640.1 is added to the Education Code, to read: 60640.1. Subject to approval by the state board, the department may make a primary language assessment developed pursuant to subparagraph (A) of paragraph (3) of subdivision (f) of Section 60640 available to school districts to assess their nonlimited-English-proficient pupils, as defined in Section 60643, who are enrolled in a dual language immersion program that includes the primary language of the assessment, and their redesignated fluent-English-proficient pupils. A school district that chooses to administer a primary language assessment pursuant to this subdivision shall do so at its own expense and shall enter into an agreement for that purpose with the state testing contractor, as described in subparagraph (C) of paragraph (3) of subdivision (f) of Section 60640, subject to the approval of the department. The cost for the assessment shall be the same for all school districts and shall not exceed the marginal cost of the assessment.  SEC. 16.   Section 60642.5 of the   Education Code   is amended to read:  60642.5. (a) The Superintendent, with approval of the state board, shall provide for the development of an assessment instrument  , to be called the California Standards Tests,   under the Standardized Testing and Reporting Program  that measures the degree to which pupils are achieving the academically rigorous content standards and performance standards, to the extent standards have been adopted by the state board. These standards-based achievement tests shall contain  assessments of  the  following  subject areas  in the grades  specified  in paragraph (3) of subdivision (a) of Section 60603 for grades 2 to 8, inclusive, and shall include an assessment in history/social science in at least one elementary or middle school grade level selected by the state board and science in at least one elementary or middle school grade level selected by the state board, and the core curriculum areas specified in paragraph (5) of subdivision (a) of Section 60603 for grades 9 to 11, inclusive, except that history-social science shall not be included in the grade 9 assessment unless the state board adopts academic content standards for a grade 9 history-social science course, and shall include, at a minimum, a direct writing assessment once in elementary school and once in middle or junior high school and other items of applied academic skill if deemed valid and reliable and if resources are made available for their use.   :   (1) English/reading language arts and mathematics in grades 3 to 8, inclusive, and in grade 11.   (2) English language arts in the California Alternate Performance Assessment in grade 10.   (3) Science in grades 5 and 8, and life science in grade 10.   (4) History-social science in grade 8.   (5) End of course assessments for the following courses:   (A) U.S. history.   (B) World history.   (C) Algebra I.   (D) Geometry.   (E) Algebra II.   (F) Earth science.   (G) Biology.   (H) Chemistry.   (I) Physics.   (J) Algebra I in the Standards Test in Spanish.   (K) Geometry in the Standards Test in Spanish.   (b) This section, as amended during the 2011-12 Regular Session, does not require the department to develop or administer new assessments.   (b)   (c) In approving a contract for the development or administration of the California Standards Tests, the state board shall consider each of the following  (1) The ability of the contractor to produce valid, reliable individual pupil scores. (2) The ability of the contractor to report results pursuant to subdivision (a) of Section 60643 by August 8. (3) The ability of the contractor to ensure alignment between the standards-based achievement test and the academically rigorous content and performance standards as those standards are adopted by the state board. This criterion shall include the ability of the contractor to implement a process to establish and maintain alignment between the test items and the standards. (4) The per pupil cost estimates of developing and, if appropriate, administering the proposed assessment with a system to facilitate the determination of future per pupil cost determinations. (5) The procedures of the contractor to ensure the security and integrity of test questions and materials. (6) The experience of the contractor in successfully conducting testing programs adopted and administered by other states. For experience to be considered, the number of grades and pupils tested shall be provided.  (c)   (d)    The standards-based achievement tests may use items from other tests.  SEC. 17.   Section 60643 of the   Education Code   is amended to read:  60643. (a) To be eligible for consideration under Section 60642.5 by the state board, test publishers shall agree in writing each year to meet the following requirements, as applicable, if selected: (1) Enter into an agreement, pursuant to subdivision (e) or (f), with the department by October 15 of that year. (2) Align the standards-based achievement test provided for in Section 60642.5 to the academically rigorous content and performance standards adopted by the state board. (3) Comply with subdivisions (c) and (d) of Section 60645. (4) Provide valid and reliable individual pupil scores to parents or guardians, teachers, and school administrators. (5) Provide valid and reliable aggregate scores to school districts and county boards of education in all of the following forms and formats: (A) Grade level. (B) School level. (C) District level. (D) Countywide. (E) Statewide. (F) Comparison of statewide scores relative to other states. (6) Provide disaggregated scores, based on limited-English-proficient status and nonlimited-English-proficient status. For purposes of this section, pupils with "nonlimited-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 school districts and county boards of education in the same forms and formats listed in paragraph (5). (7) Provide disaggregated scores by pupil gender and ethnicity and provide disaggregated scores based on whether pupils are economically disadvantaged or not. These disaggregated scores shall be in the same forms and formats as listed in paragraph (5). In any one year, the disaggregation shall entail information already being collected by school districts, county offices of education, or charter schools. (8) Provide disaggregated scores for pupils who have individualized education programs and have enrolled in special education, to the extent required by federal law. These scores shall be provided in the same forms and formats listed in paragraph (5). This section shall not be construed to exclude the scores of special education pupils from any state or federal accountability system. (9) Provide information listed in paragraphs (5), (6), (7), and (8) to the department and the state board in the medium requested by each entity, respectively. (b) It is the intent of the Legislature that the publisher work with the Superintendent and the state board in developing a methodology to disaggregate statewide scores as required in paragraphs (6) and (7) 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 (7) of subdivision (a). (c) Access to 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. This chapter does not abridge or deny rights to confidentiality contained in the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable state and federal law that protect the confidentiality of information collected by educational institutions. (d) Notwithstanding any other law, the publisher of the standards-based achievement test provided for in Section 60642.5 or any contractor under subdivision (f) shall comply with all of the conditions and requirements enumerated in subdivision (a), as applicable, to the satisfaction of the state board. (e) (1) A publisher shall not provide a test described in Section 60642.5 or 60650 or in subdivision (f) of Section 60640 for use in California public schools, unless the publisher enters into a written contract with the department as set forth in this subdivision. (2) The department shall develop, and the state board shall approve, a contract to be entered into with a publisher pursuant to paragraph (1). The department may develop the contract through negotiations with the publisher. (3) For purposes of the contracts authorized pursuant to this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (4) The contracts shall include provisions for progress payments to the publisher for work performed or costs incurred in the performance of the contract. Not less than 10 percent of the amount budgeted for each separate and distinct component task provided for in each contract shall be withheld pending final completion of all component tasks by that publisher. The total amount withheld pending final completion shall not exceed 10 percent of the total contract price. (5) The contracts shall require liquidated damages to be paid by the publisher in the amount of up to 10 percent of the total cost of the contract for any component task that the publisher through its own fault or that of its subcontractors fails to substantially perform by the date specified in the agreement. (6) The contracts shall establish the process and criteria by which the successful completion of each component task shall be recommended by the department and approved by the state board. (7) The publishers shall submit, as part of the contract negotiation process, a proposed budget and invoice schedule, that includes a detailed listing of the costs for each component task and the expected date of the invoice for each completed component task. (8) The contracts shall specify the following component tasks, as applicable, that are separate and distinct: (A) Development of new tests or test items as required by paragraph (2) of subdivision (a). (B) Test materials production or publication. (C) Delivery of test materials to school districts. (D) Test processing, scoring, and analyses. (E) Reporting of test results to the school districts, including, but not limited to, all reports specified in this section. (F) Reporting of test results to the department, including, but not limited to, the electronic files required pursuant to this section. (G) All other analyses or reports required by the Superintendent to meet the requirements of state and federal law and set forth in the agreement. (9) The contracts shall specify the specific reports and data files, if any, that are to be provided to school districts by the publisher and the number of copies of each report or file to be provided. (10) The contracts shall specify the means by which any delivery date for materials to each school district shall be verified by the publisher and the school district. (11) School districts may negotiate a separate agreement with the publisher for any additional materials or services not within the contracts specified in this subdivision, including, but not limited to, the administration of the tests to pupils in grade levels other than grades  2   3  to 11, inclusive. Any separate agreement is not within the scope of the contract specified in this subdivision. (f) The department, with approval of the state board, may enter into a separate contract for the development or administration of a test authorized pursuant to this part, including, but not limited to, item development, coordination of tests, assemblage of tests or test items, scoring, or reporting. The liquidated damages provision set forth in paragraph (5) of subdivision (e) shall apply to a contract entered into pursuant to this subdivision.  SEC. 18.   Section 60643.1 of the   Education Code   is repealed.   60643.1. (a) (1) The test publisher designated by the state board pursuant to Section 60642 shall make available a reading list on the Internet by June 1 of the applicable school year. The reading list shall include an index that correlates ranges of pupil reading scores on the English language arts portion of the achievement test designated pursuant to Section 60642 to titles of materials that would be suitable for pupils in each of grades 2 to 11, inclusive, to read in order to improve their reading skills. This reading list shall include titles of books that allow a pupil to practice reading at his or her current reading level and that will assist the pupil in achieving a higher level of proficiency. To the extent possible, the index also shall include information related to the subject matter of each title. At a minimum, the reading list also shall categorize titles by subject matter and identify age-appropriate distinctions in the list. (2) The test publisher, in each school year, shall make available for purchase by school districts a report that provides a numerical distribution of the reading scores of all pupils in California who took the achievement test designated pursuant to Section 60642. (3) The test publisher, in each school year, shall make available for purchase by school districts reading lists that can be distributed to pupils based on a pupil's age and the ranges of scores on the English language arts portion of the achievement test designated pursuant to Section 60642. (4) The requirements of this subdivision shall become operative only upon a determination by the Director of Finance that funds are available to make an adjustment pursuant to subdivision (h) of Section 60640. (b) The state board and the Superintendent jointly shall certify that the process used by the publisher to determine the reading levels of the corresponding reading list pursuant to paragraph (1) of subdivision (a) meets the following criteria: (1) The process is educationally valid. (2) The process results in a reading list for each reading span that provides titles at the pupil's current reading level and the next higher level for challenging practice. (3) The process results in a selection from the universe of titles from the list developed pursuant to subdivision (d) that matches each reading level. (4) The process is unbiased in the selection of publishers' titles from the legal compliance list. (c) The titles listed at each reading level range posted on the Internet and the reading lists made available to school districts pursuant to subdivision (a), at a minimum, shall include all relevant literature materials approved as of September 1, 1999, as being legally compliant pursuant to Article 3 (commencing with Section 60040) of Chapter 1 of Part 33, and the titles listed in all of the content area reading and literature lists that are developed and published by the department and that have been determined by the department to meet the relevant reading level as certified pursuant to subdivision (b). (d) By imposing the requirements of this section on publishers, it is not the intent of the Legislature to unfairly disadvantage any publisher who has otherwise met the requirements of this section or of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.   SEC. 10.   SEC. 19.  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.