May 2017 Agenda Item 05 - Meeting Agendas (CA State Board of Education)

1 California Department of Education Executive Office SBE-003 (REV. 09/2011) dsib-adad-may17item06 ITEM #05

CALIFORNIA STATE BOARD OF EDUCATION

MAY 2017 AGENDA

SUBJECT Action California Assessment of Student Performance and Progress: Readoption of the Finding of Emergency and Proposed Information Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 851 through 856. Public Hearing 1 2SUMMARY OF THE ISSUE(S) 3 4The California Department of Education (CDE) is responsible for the oversight of the 5California Assessment of Student Performance and Progress (CAASPP) System, which 6is governed by California Education Code (EC) sections 60640 through 60649. As 7required by EC Section 60640(q), California Code of Regulations, Title 5 (5 CCR), 8sections 850 through 868 were amended to conform the State’s testing regulations to 9the CAASPP System. Permanent CAASPP regulations were approved by the Office of 10Administrative Law (OAL) on August 27, 2014. The first operational administration of the 11CAASPP took place in spring 2015. 12 13Following the first operational administration of the CAASPP, it became necessary to 14amend the regulations to reflect changes in CAASPP testing. Amendments to the 15CAASPP regulations were approved by the OAL on an emergency basis in fall 2015, 16and permanent amendments to the regulations were approved on May 18, 2016. Under 17the amended CAASPP regulations, the second operational administration of the 18CAASPP took place in spring 2016. 19 20Emergency regulations to maintain the effective and valid implementation of the 21CAASPP System were adopted by the State Board of Education (SBE) at its meeting on 22January 11, 2017. The emergency regulations were approved by the OAL and deemed 23effective as of February 2, 2017. At its March 8, 2017 meeting, the SBE also approved 24additional amendments to the CAASPP permanent regulations for adoption through the 25regular rulemaking process. However, because the effective date of the permanent 26regulations is expected to occur at the end of August, while the emergency regulations 27will expire on August 2, 2017, the readoption of the emergency regulations is necessary

2 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Page 2 of 5 3 4 1to prevent a lapse between the expiration of the emergency regulations and the 2effective date of the permanent regulations. 3RECOMMENDATION 4 5The CDE recommends that the SBE take the following actions: 6 7  Approve the Finding of Emergency. 8 9  Readopt the proposed emergency regulations. 10 11  Direct the CDE to circulate the required Notice of Proposed Emergency Action, 12 and then resubmit the emergency regulations to the OAL for readoption. 13 14  Authorize the CDE to take any necessary action to respond to any direction or 15 concern expressed by the OAL during its review of the revised Finding of 16 Emergency and readoption of the proposed emergency regulations. 17 18BRIEF HISTORY OF KEY ISSUES 19 20On October 2, 2013, Governor Brown signed Assembly Bill (AB) 484 (Chapter 489, 21Statutes of 2013), which amended EC sections 60601 through 60649, 99300, and 2299301 and established the CAASPP System. The CAASPP System has replaced the 23Standardized Testing and Reporting Program, or STAR, and provides for the 24designation or development of statewide assessments and the administration of those 25assessments. The provisions of AB 484 took effect on January 1, 2014. 26 27Pursuant to EC Section 60640(q), 5 CCR sections 850 through 868 were revised by the 28SBE to conform to the statutory changes made in AB 484. These amendments revised 29definitions, requirements, responsibilities, and guidelines for the administration, test 30security, reporting, and apportionment related to the CAASPP System. The 31amendments were approved initially as emergency regulations and later approved by 32the OAL as permanent regulations on August 27, 2014. Under these regulations, the 33first operational assessments took place on March 10, 2015 through July 31, 2015, and 34included the new computer-based assessments provided by the assessment 35consortium of which California is a member, Smarter Balanced Assessment Consortium 36(Consortium). 37 38Subsequently, changes were again identified through a post-test evaluation conducted 39by the CAASPP testing contractor at the direction of the SBE and the CDE. The 40changes required amendments to be made to the regulations for the second operational 41administration, including the addition of accessibility supports in alignment with 42Consortium policy, the addition of a testing window for the new California Alternate 43Assessments (CAAs), clarifications to language needed for the new online tests (not 44necessary for the paper-pencil tests), and minor changes related to formatting and to 45provide additional clarification. These amendments were adopted by the OAL on an

5 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Page 3 of 5 3 4 1emergency basis to allow for the timely preparation and administration of the second 2operational administration of the CAASPP assessments for the 2015–16 school year; 3they were also adopted through the regular rulemaking process and approved by the 4OAL on May 18, 2016. The CDE successfully oversaw the 2015–16 administration of 5the online CAASPP assessments January 19, 2016 through July 31, 2016. 6 7As preparations for the third operational administration of the CAASPP assessments 8were already under way for the 2016–17 school year, a few changes to the regulations 9were approved by the OAL and deemed effective as of February 2, 2017. 10 11Specifically, these amendments to the CAASPP regulations included the following: 12 13  Change in procedures for using enrolled grade level data from California 14 Longitudinal Pupil Achievement Data System (CALPADS), for purposes of 15 assessment 16 17  Addition of start and end dates of the CAASPP testing window 18 19  Clarification of the testing window for the CAA for English language arts (ELA) 20 and mathematics 21 22  Addition of two new accessibility supports for the mathematics and ELA tests 23 24  Addition of EC Section 856 to require local educational agencies to inform the 25 CDE if they plan to exceed the alternate assessment 1 percent cap, as required 26 by the new federal Every Student Succeeds Act 27 28SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND 29ACTION 30 31At its March 2017 meeting, the SBE approved the proposed permanent amendments to 32the CAASPP regulations and directed that the proposed regulations be circulated to the 33public for a 45-day comment period. That period started on March 25, 2017 and ended 34on May 8, 2017, with a public hearing the same day. The permanent regulations will be 35back before the SBE for review and approval at the July 2017 SBE meeting. In the 36interim, the emergency regulations, effective as of February 2, 2017, are back before 37the SBE for readoption at the May 2017 SBE meeting 38(http://www.cde.ca.gov/be/ag/ag/yr17/documents/mar17item10.doc). 39 40At its January 2017 meeting, the SBE approved amendments to the CAASPP 41regulations on an emergency basis. The emergency regulations were approved by the 42OAL and deemed effective as of February 2, 2017, and are due to expire on August 2, 432017 (http://www.cde.ca.gov/be/ag/ag/yr17/documents/jan17item08.doc). 44 45At its May 2016 meeting, the SBE approved the revised Finding of Emergency and 46approved the readoption of the emergency CAASPP regulations so the CAASPP

5 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Page 4 of 5 3 4 1regulations would continue to be in place pending the OAL approval of the revised 2permanent regulations 3(http://www.cde.ca.gov/be/ag/ag/yr16/documents/may16item10.doc). 4 5At the March 2016 SBE meeting, the SBE approved the changes to the proposed 6permanent regulations and directed that the amended regulations be circulated for a 715-day public comment period, March 10–25, 2016, and directed the CDE, assuming no 8relevant comments to the proposed changes were received, to deem the proposed 9permanent regulations adopted. No relevant comments were received and the revised 10permanent regulations were approved by the OAL on May 18, 2016 11(http://www.cde.ca.gov/be/ag/ag/yr16/documents/mar16item04.doc). 12 13At its November 2015 meeting, the SBE adopted the proposed amendments to the 14CAASPP regulations as emergency regulations. The emergency regulations were 15approved by the OAL and became effective on November 23, 2015. The SBE also 16approved commencement of the regular rulemaking process for permanent 17amendments to the CAASPP regulations 18(http://www.cde.ca.gov/be/ag/ag/yr15/documents/nov15item05-revised.doc). 19 20At its July 2014 meeting, the SBE readopted the emergency regulations for CAASPP. 21The emergency readoption rulemaking file was submitted to the OAL on July 16, 2014. 22The readoption of the emergency regulations was approved by the OAL on July 23, 232014. In addition to readopting the emergency regulations, the SBE adopted the 24permanent rulemaking file. The rulemaking file was submitted to the OAL on 25July 16, 2014, and permanent regulations for CAASPP were approved and became 26effective on August 27, 2014 27(http://www.cde.ca.gov/be/ag/ag/yr14/documents/jul14item08.doc) 28(http://www.cde.ca.gov/be/ag/ag/yr14/documents/jul14item09.doc). 29 30At its January 2014 meeting, the SBE adopted proposed emergency regulations for 31CAASPP for the first time. The emergency regulations were approved by the OAL and 32became effective on February 3, 2014. The SBE also approved commencement of the 33regular rulemaking process for the permanent regulations 34(http://www.cde.ca.gov/be/ag/ag/yr14/documents/jan14item06.doc) 35(http://www.cde.ca.gov/be/ag/ag/yr14/documents/jan14item05.doc). 36 37FISCAL ANALYSIS (AS APPROPRIATE) 38 39An Economic and Fiscal Impact Statement is attached. 40 41ATTACHMENT(S) 42 43Attachment 1: Finding of Emergency (2 pages) 44 45Attachment 2: Emergency Regulations (8 pages) 46

5 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Page 5 of 5 3 4 1Attachment 3: Notice of Proposed Emergency Action (2 pages) 2 3Attachment 4: Economic and Fiscal Impact Statement (STD. 399) (5 pages)

5 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 1 3 Page 1 of 2 4 5 1 FINDING OF EMERGENCY 2 READOPTION OF EMERGENCY REGULATIONS 3 California Assessment of Student Performance and Progress (CAASPP) 4 5The State Board of Education (SBE) finds that an emergency continues to exist and that 6the emergency regulations adopted previously continue to be necessary to avoid 7serious harm to the public peace, health, safety, or general welfare, especially the 8welfare of pupils attending California’s public schools. 9 10SPECIFIC FACTS DEMONSTRATING THE EXISTENCE OF AN EMERGENCY AND 11THE NEED FOR IMMEDIATE ACTION 12 13Necessity for Readoption of Emergency Regulations 14 15The proposed amendments to California Code of Regulations, Title 5, sections 851 to 16856 must be readopted on an emergency basis in order to ensure that the 2016–17 17administration, scoring and reporting of the California Assessment of Student 18Performance and Progress (CAASPP) tests continues in conformance with the 19requirements of Education Code Section 60640. The purpose of the proposed 20amendments is to ensure the correct, efficient, and standardized administration of the 21CAASPP online assessments according to required consortium, state, and federal 22guidelines and to maintain accuracy, reliability, and validity of measures and timely 23reporting of the test results, in so doing, prevent harm to the public peace, health, 24safety, and general welfare of pupils. Allowing the emergency regulations to expire prior 25to the adoption of these amendments through the regular rulemaking process when not 26all of the testing, scoring and reporting of the CAASPP results has yet been completed, 27will jeopardize the reliability and validity of the results, causing further harm to the 28general welfare. All of the circumstances justifying the initial adoption of the emergency 29regulations remain unchanged and the emergency justifying the original adoption of the 30emergency regulations still exists. Therefore the Finding of Emergency that was 31submitted to and approved by the Office of Administrative Law (OAL) with the adoption 32of the CAASPP emergency regulations effective February 2, 2017 is incorporated by 33reference herein, as though fully set forth in this document. 34 35Showing of Substantial Progress 36 37The California Department of Education (CDE) brought the emergency regulations to 38the SBE for approval at its January 2017 meeting. Because the SBE meets only every 39other month, the next meeting the regular rulemaking package could be made available 40for approval by the SBE was the March 2017 meeting. Commencement for permanent 41regulations rulemaking was approved by the SBE at this meeting, which included all of 42the emergency regulations, and a comment period held between March 25 and May 8, 432017. However, the last day to post documents to the SBE Web site regarding SBE 44agenda items for the May meeting is April 28, 2017, pursuant to the Bagley-Keene 45Open Meeting Act (act). Since this date occurs during the public comment period, the

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 1 3 Page 2 of 2 4 5 1CDE is unable to meet the provisions of the act. Hence, the CDE has no choice but to 2bring the regular rulemaking package back before the SBE at the July meeting for 3approval. Even if the permanent regulations are approved by the SBE at the July 4meeting, it will take at least a week before they can be submitted to the OAL and the 5OAL has 30 working days to review and approve the file. Since the emergency 6regulations expire on August 2, 2017, and the permanent rulemaking can only be made 7effective at the end of August, despite the SBE’s efforts to make substantial progress in 8the regular rulemaking process, these emergency regulations must be readopted if 9there is not to be a lapse in their effect. Any delay is due solely to the fact that the SBE 10meets only every other month and not due to the lack of diligence or progress with 11respect to the regular rulemaking process. 12 13The following timeline illustrates the necessity for readoption of the emergency 14regulations in order for the CDE to meet the requirements of the Education Code. 15 Action* Estimated Completion Date SBE approve agenda items for the commencement of the emergency regulations January 11–12, 2017 Emergency regulations become effective February 2, 2017 SBE approve agenda items for the commencement of the permanent rulemaking March 8–9, 2017 process SBE public comment period for permanent March 25–May 8, 2017 regulations CAASPP Public Hearing May 8, 2017 SBE adopts permanent regulations or approves a July 12–13, 2017 15-day comment period. Submit rulemaking to OAL if SBE adopts regulations (OAL has 30 working days to review July 20, 2017 file) Emergency regulations expire August 2, 2017 OAL Approval – Regulations effective immediately (if there is a 15-day comment period, On/about August 31, 2017 depending on comments received – could be beginning of November 2017) 16 17*These actions represent a small, but relevant, fraction of the detail of the adoption 18process. 19

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 1 of 8 4 5 1  The State Board of Education has illustrated changes to the original text in the 2 following manner: text originally proposed to be added is underlined; text proposed 3 to be deleted is displayed in strikeout. 4 5 Title 5. EDUCATION 6 Division 1. California Department of Education 7 Chapter 2. Pupils 8 Subchapter 3.75. California Assessment of Student Performance and Progress 9 (CAASPP) 10 Article 2. Achievement Tests and Any Primary Language Test 11§ 851. Pupil Testing 12 (a) With the exception of pupils exempt pursuant to section 852, LEAs shall 13administer the achievement tests, and may administer the primary language test, to 14each eligible pupil as defined in section 851.5 who is enrolled in an LEA during the 15school's or track's selected testing period (excluding any extension period pursuant to 16section 855(b)(4)). 17 (b) The testing conducted shall be consistent with the pupil's grade of enrollment as 18noted in CALPADS on the first day that the pupil started testing in any component of 19the summative test. Testing shall be conducted within of the school's or track's 20available testing window pursuant to section 855. 21 (c) No later than start of the 2014-2015 school year, for the purposes of the 22CAASPP assessment system, a charter school which is not an LEA as defined in 23Education Code section 60603(o) shall test with, dependent on, the LEA that granted 24the charter or was designated the oversight agency by the State Board of Education 25(SBE). 26 (d) LEAs shall make arrangements for the testing of all eligible pupils in alternative 27education programs or programs conducted off campus, including, but not limited to, 28non-classroom based programs, continuation schools, independent study, community 29day schools, county community schools, juvenile court schools, or NPSs. 30 (e) No test may be administered in a home or hospital except by a test administrator 31or test examiner. No test shall be administered to a pupil by the parent, guardian, or 32sibling of that pupil. This subdivision does not prevent classroom aides from assisting in

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 2 of 8 4 5 1the administration of the test under the supervision of a test administrator or test 2examiner, provided that the classroom aide does not assist his or her own child, and 3that the classroom aide signs a CAASPP Test Security Affidavit. 4Note: Authority cited: Sections 33031, 60605 and 60640, Education Code. Reference: 5Sections 47651, 48645.1, 60603, 60605 and 60640, Education Code. 6 7§ 853.5. Use of Universal Tools, Designated Supports, and Accommodations 8 (a) All pupils shall be permitted the following embedded universal tools on the 9CAASPP achievement tests for ELA (including the components of reading, writing, and 10listening) and mathematics as specified below: 11 (1) breaks for reading, writing, listening, and mathematics; 12 (2) calculator for specific mathematics items only in grades 6 through 8 and 11; 13 (3) digital notepad for reading, writing, listening, and mathematics; 14 (4) English dictionary for writing (ELA-performance task - full write not short 15paragraph responses); 16 (5) English glossary for reading, writing, listening, and mathematics; 17 (6) expandable passages for reading, writing, listening, and mathematics; 18 (7) global notes for writing (ELA-performance task - full write not short paragraph 19responses); 20 (8) highlighter for reading, writing, listening, and mathematics; 21 (9) keyboard navigation for reading, writing, listening, and mathematics; 22 (10) mark for review for reading, writing, listening, and mathematics; 23 (11) mathematics tools (i.e., embedded ruler and embedded protractor) for specific 24mathematics items; 25 (12) spell check for specific writing items; 26 (13) strikethrough for reading, writing, listening, and mathematics; 27 (14) writing tools for specific pupil generated responses; or 28 (15) zoom for reading, writing, listening, and mathematics. 29 (b) All pupils shall be permitted the following non-embedded universal tools on the 30CAASPP tests for ELA (including the components of reading, writing, and listening), 31mathematics, science, and primary language as specified below:

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 3 of 8 4 5 1 (1) breaks; 2 (2) English dictionary for ELA performance task - full write not short paragraph 3responses; 4 (3) scratch paper; 5 (4) thesaurus for ELA performance task - full write not short paragraph responses; 6 (5) color overlay for science and primary language test; 7 (c) All pupils shall be permitted the following embedded designated supports when 8determined for use by an educator or a team of educators (with parent/guardian and 9pupil input as appropriate) or specified in the pupil's IEP or Section 504 Plan on the 10CAASPP achievement tests for ELA (including the components of reading, writing, and 11listening) and mathematics as specified below: 12 (1) color contrast for reading, writing, listening, and mathematics; 13 (2) masking for reading, writing, listening, and mathematics; 14 (3) text-to-speech for writing, listening, mathematics, and reading items but not 15reading passages; 16 (4) translations (glossary) for mathematics; 17 (5) Spanish translations (stacked) and translated test directions for mathematics; or 18 (6) turn off any universal tool for reading, writing, listening, and mathematics. 19 (d) All pupils shall be permitted the following non-embedded designated supports 20when determined for use by an educator or a team of educators (with parent/guardian 21and pupil input as appropriate) or specified in the pupil's IEP or Section 504 Plan on the 22CAASPP achievement tests for ELA (including the components of reading, writing, and 23listening), mathematics, science, and primary language as specified below: 24 (1) translated directions for ELA, mathematics, science and primary language test; 25 (2) bilingual dictionary for writing; 26 (3) access to translation glossaries/word lists for science and primary language test; 27 (4) color contrast for reading, writing, listening, and mathematics; 28 (5) color overlay for reading, writing, listening, and mathematics; 29 (6) magnification; 30 (7) read aloud for writing, listening, mathematics, and reading items but not reading 31passages;

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 4 of 8 4 5 1 (8) scribe for reading, listening, and mathematics; 2 (9) separate setting including most beneficial time of day, special lighting or 3acoustics, and/or special or adaptive furniture; 4 (10) translations (glossary) for mathematics (only consortium-provided glossaries 5for paper-pencil tests); 6 (11) noise buffers (e.g., individual carrel or study enclosure, or noise-cancelling 7headphones); 8 (12) translations (glossary) for science and primary language test; or 9 (13) read aloud for Spanish stacked translation in mathematics. 10 (14) simplified test directions for ELA and mathematics. 11 (e) The following embedded accommodations shall be provided on the CAASPP 12achievement tests for ELA (including the components of reading, writing, and listening) 13and mathematics when specified in a pupil's IEP or Section 504 Plan:(1) American Sign 14Language for listening and mathematics; 15 (1) American Sign Language for listening and mathematics; 16 (2) braille for reading, writing, listening, and mathematics; 17 (3) closed captioning for listening; 18 (4) text-to-speech for reading passages; or 19 (5) streamlining for reading, writing, listening, and mathematics. 20 (f) The following non-embedded accommodations shall be provided on the CAASPP 21achievement tests for ELA (including the components of reading, writing, and listening), 22mathematics, science, and primary language when specified in a pupil's IEP or Section 23504 Plan: 24 (1) read aloud; 25 (2) American Sign Language for science; 26 (3) braille for paper-pencil tests; 27 (4) abacus for mathematics and science; 28 (5) alternate response options for reading, writing, listening, and mathematics; 29 (6) calculator for calculator-allowed mathematics items only in grades 6 through 8, 30and 11; 31 (7) multiplication table for mathematics beginning in grade 4;

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 5 of 8 4 5 1 (8) print on demand for reading, writing, listening, and mathematics;. 2 (9) read aloud for reading passages; 3 (10) scribe for writing, science, and primary language test; 4 (11) speech-to-text; or 5 (12) large-print version of a paper-pencil test. 6 (13) 100s number table for mathematics beginning in grade 4. 7 (g) If a consortium (in which California is a participant) amends or approves of a 8universal tool(s), designated support(s), and/or accommodation(s) not listed in 9subdivisions (a) through (f), the CDE shall approve its use. 10Note: Authority cited: Sections 33031, 60605 and 60640, Education Code. Reference: 11Sections 60605 and 60640, Education Code; and 34 C.F.R. Sections 200.1 and 12300.160(b). 13 14§ 853.7. Use of Designated Supports for English Learners. 15 a) An EL shall be permitted the following embedded designated supports, when 16determined for use by an educator or a team of educators (with parent/guardian and 17pupil input as appropriate) or specified in the pupil's IEP or Section 504 Plan on the 18CAASPP achievement tests for ELA (including the components of reading, writing, and 19listening) and mathematics as specified below: 20 (1) color contrast for reading, writing, listening, and mathematics; 21 (2) masking for reading, writing, listening, and mathematics; 22 (3) text-to-speech for writing, listening, mathematics and reading items, but not 23passages; 24 (4) translations (glossary) for mathematics; 25 (5) Spanish translations (stacked) and translated test directions for mathematics; or 26 (6) turn off any universal tool for reading, writing, listening, and mathematics. 27 (b) An EL shall be permitted the following non-embedded designated supports when 28determined for use by an educator or a team of educators (with parent/guardian and 29pupil input as appropriate) or specified in the pupil's IEP or Section 504 Plan on the 30CAASPP achievement tests for ELA (including the components of reading, writing, and 31listening), mathematics, science, and primary language as specified below:

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 6 of 8 4 5 1 (1) translated test directions for ELA mathematics, science and primary language 2test; 3 (2) bilingual dictionary for writing; 4 (3) access to translation glossaries/word lists for science and primary language test; 5 (4) color contrast for reading, writing, listening, and mathematics; 6 (5) color overlay for reading, writing, listening, and mathematics; 7 (6) magnification; 8 (7) read aloud for writing, listening, mathematics, and reading items but not reading 9passages; 10 (8) scribe for reading, listening, and mathematics; 11 (9) separate setting including most beneficial time of day, special lighting or 12acoustics, and/or special or adaptive furniture; 13 (10) translations (glossary) for mathematics (only consortium-provided glossaries 14for paper-pencil tests); 15 (11) noise buffers (e.g., individual carrel or study enclosure, or noise-cancelling 16headphones); 17 (12) translations (glossary) for science and primary language test; or 18 (13) read aloud for Spanish stacked translation in mathematics. 19 (14) simplified test directions for ELA and mathematics. 20 (c) If a consortium (in which California is a participant) amends or approves of a 21designated support(s) not listed in subdivisions (a) and/or (b), the CDE shall approve its 22use. 23Note: Sections 33031, 60605 and 60640, Education Code. Reference: Sections 306, 2460605 and 60640, Education Code; and 34 C.F.R. Section 200.2. 25 26§ 855. Available Testing Window and Selected Testing Period(s). 27 (a) Beginning in the 2015-16 school year, the CAASPP achievement tests pursuant 28to Education Code section 60640(b) shall be administered to each pupil at some time 29during the following available testing windows: 30 (1) Unless otherwise stated in these regulations, the available testing window shall 31begin on the day in which 66 percent of the school's or track's annual instructional days

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 7 of 8 4 5 1have been completed, but no earlier than the second Tuesday in January of each year, 2and testing may continue up to and including the last day of instruction for the regular 3school's or track's annual calendar, but in no case later than July 15 or the next 4weekday following the 15th. 5 (2) The CST Science, CMA Science, and CAPA Science in grades 5, 8, and 10 6shall be administered to each pupil during an available testing window of 25 7instructional days that includes 12 instructional days before and after completion of 85 8percent of the school's or track's annual instructional days. If an LEA elects to 9administer the primary language test, it shall do so during the same available window. 10 (3) The CAA for 2015-16 school year shall be administered during the available 11testing window of April 11 through June 17, 2016. Beginning in the 2016-17 school 12year, the CAA shall be administered to each eligible pupil during the available testing 13windows set forth in subdivisions (a)(1) and (2) above. 14 (b) An LEA may designate one selected testing period for each school or track 15within the available testing window set forth in subdivision (a) above, subject to the 16following conditions: 17 (1) If a school has multiple tracks, a selected testing period may be designated for 18each track. (i.e., a year-round school with three tracks may select three different 19selected testing periods); 20 (2) An LEA shall not exceed 6 selected testing periods within the available testing 21window; 22 (3) A selected testing period shall be no fewer than 25 consecutive instructional 23days; and 24 (4) An LEA may extend a selected testing period up to an additional 10 consecutive 25instructional days if still within the available testing window set forth in subdivision (a) 26above. 27 (c) If an LEA does not designate a selected testing period for a school or track, then 28the available testing window, pursuant to subdivisions (a)(1) and (2) above, shall be the 29selected testing period for that school or track. 30 (d) The CDE, with the approval of the SBE President or designee, may require 31LEAs to more fully utilize the testing window and may also limit the usage of the interim

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 2 3 Page 8 of 8 4 5 1assessments in instances where the CDE determines that it is necessary to do so to 2ensure that the capacity of the California K-12 High Speed Network (K12HSN) is not 3exceeded. 4Note: Authority cited: Sections 33031, 60605 and 60640, Education Code. Reference: 5Sections 60605, 60640, 60641 and 60642.5, Education Code. 6 7§ 856. Sales and Use Tax. [Repealed] 8Note: Authority cited: Sections 33031 and 60605(g) and (h), Education Code. 9Reference: Section 60640, Education Code; and Sections 6051 et seq. and 6201 et 10seq., Revenue and Tax Code. 11 12§ 856. Justification for Exceeding Cap on Use of Alternate Assessments 13 (a) On or before a date to be specified by the State Superintendent of Public 14Instruction, an LEA shall notify the CDE in writing if in any CAASPP achievement test 15administration it intends to test more than one percent of the total number of pupils who 16are assessed in a particular grade in a particular subject using an alternate assessment 17aligned with alternate achievement standards. The following information shall be 18included in such notice: 19 (1) The county, district, and school (CDS) code(s), name(s), and representative 20contact information for the LEA; and 21 (2) Justification as to why the LEA needs to exceed the one percent cap on the use 22of an alternate assessment. 23NOTE: Authority cited: Sections 33031, 60605 and 60640, Education Code. Reference: 24Section 60640, Education Code; and 20 U.S.C. Section 6311(b)(2)(D)(ii)(II). 25 26 27 28 29 3011-30-16 [California Department of Education]

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 3 3 Page 1 of 2 4 5 1 2 3 CALIFORNIA DEPARTMENT OF EDUCATION CALIFORNIA STATE BOARD OF EDUCATION TOM TORLAKSON, State Superintendent of Public Instruction MICHAEL W. KIRST, President 916-319-0800 1430 N Street Sacramento, CA 95814-5901 916-319-0827 4 5 June 30, 2017 6 7 NOTICE OF PROPOSED EMERGENCY ACTION 8 California Assessment of Student Performance and Progress (CAASPP) 9 Readoption of Emergency Regulations, Title 5, Sections 10 11 12Pursuant to the requirements of Government Code section 11346.1(a)(1), the State Board of 13Education (SBE) is providing notice of proposed emergency action with regards to the above- 14entitled emergency regulation. 15 16SUBMISSION OF COMMENTS 17 18Government Code section 11346.1(a)(2) requires that, at least five working days prior to 19submission of the proposed emergency action to the Office of Administrative Law (OAL), the 20adopting agency provide a Notice of the Proposed Emergency Action to every person who 21has filed a request for notice of regulatory action with the agency. After submission of the 22proposed emergency to the OAL, the OAL shall allow interested persons five calendar days 23to submit comments on the proposed emergency regulations as set forth in Government 24Code section 11349.6. 25 26Any interested person may present statements, arguments or contentions, in writing, 27submitted via U.S. mail, e-mail or fax, relevant to the proposed emergency regulatory action. 28Written comments submitted via U.S. mail, e-mail or fax must be received at the OAL within 29five days after the SBE submits the emergency regulations to the OAL for review. 30 31Please reference submitted comments as regarding “California Assessment of Student 32Performance and Progress” addressed to: 33 34Mailing Address: Reference Attorney Patricia Alverson, Reg Coordinator 35 Office of Administrative Law California Department of Education 36 300 Capitol Mall, Suite 1250 Administrative Support & 37 Sacramento, CA 95814 Regulations Adoption 38 1430 N Street, Suite 5319 39 Sacramento, CA 95814 40 41E-mail Address: [email protected] [email protected] 42Fax No.: 916-323-6826 916-319-0155 43

6 5/31/2018 2:58 下午 1 dsib-adad-may17item06 2 Attachment 3 3 Page 2 of 2 4 5 1For the status of the SBE submittal to the OAL for review, and the end of the five-day written 2submittal period, please consult the Web site of the OAL at http://www.oal.ca.gov under the 3heading “Emergency Regulations.” 4 5 6

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