2005 California Education Code Sections 60640-60649 Article 4. Standardized Testing and Reporting Program

60640.  (a) There is hereby established the Standardized Testing and
Reporting Program, to be known as the STAR Program.
   (b) Commencing in the 2004-05 fiscal year and each fiscal year
thereafter, and 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 3 and 7 the achievement
test designated by the state board pursuant to Section 60642 and
shall administer to each of its pupils in grades 2 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 paragraph (17) of subsection (a) of Section 1412
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 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 to 11,
inclusive, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified in
Sections 60642 and 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 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 Sections 60642 and
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 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 shall annually establish the amount of funding
to be apportioned to school districts for each test administered and
shall annually 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 may 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 the 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 XIIIB," 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 to 11, inclusive.
   (2) The number of pupils to whom an achievement test was
administered in grades 2 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 shall, with the approval of the state
board, annually release to the public at least 25 percent of test
items from the standards-based achievement test provided for in
Section 60642.5 from the test administered in the previous year.
   (m) This section shall become inoperative on July 1, 2007, and as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
60640.  (a) There is hereby established the Standardized Testing and
Reporting Program, to be known as the STAR Program.
   (b) Commencing in the 2007-08 fiscal year and each fiscal year
thereafter, and 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 3 and 7 the achievement
test designated by the state board pursuant to Section 60642 and
shall administer to each of its pupils in grades 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 paragraph (17) of subsection (a) of Section 1412
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, a pupil with limited
English proficiency who is enrolled in any of grades 3 to 11,
inclusive, may take a second achievement test in his or her 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 3 to 11,
inclusive, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified by
Sections 60642 and 60643, and as specified by Section 60642.5, 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 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 selecting 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 Sections 60642 and
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.
   (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 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
subdivision (b), the alternative assessment required by subdivision
(e), and subdivisions (f) and (g).
   (2) The state board shall annually establish the amount of funding
to be apportioned to school districts for each test administered and
shall annually 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 subdivision (b),
the alternative assessment required by subdivision (e), and
subdivisions (f) and (g).
   (3) An adjustment to the amount of funding to be apportioned per
test may 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 the 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 XIIIB," 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
3 to 11, inclusive.
   (2) The number of pupils to whom an achievement test was
administered in grades 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 shall, with the approval of the state
board, annually release to the public at least 25 percent of test
items from the standards-based achievement test provided for in
Section 60642.5 from the test administered in the previous year.
   (m) This section shall become operative July 1, 2007.
60641.  (a) The department shall ensure that school districts comply
with each of the following requirements:
   (1) The achievement test designated pursuant to Section 60642 and
the standards-based achievement test provided for in Section 60642.5
are scheduled to be administered to all pupils during the period
prescribed in subdivision (b) of Section 60640.
   (2) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the pupil'
s parent or guardian.  The written report shall include a clear
explanation of the purpose of the test, the pupil's score, and its
intended use by the school district.  This subdivision does not
require teachers or other school district personnel to prepare
individualized explanations of each pupil's test score.
   (3) (A) The individual results of each pupil test administered
pursuant to Section 60640 shall also be reported to the pupil's
school and teachers.  The school district shall include the pupil's
test results in his or her pupil records.  However, except as
provided in this section, individual pupil test results may only be
released with the permission of either the pupil's parent or guardian
if the pupil is a minor, or the pupil if the pupil has reached the
age of majority or is emancipated.
   (B) Notwithstanding subparagraph (A), a pupil or his or her parent
or guardian may authorize the release of individual pupil results to
a postsecondary educational institution for the purpose of credit,
placement, or admission.
   (4) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.
   (b) The publisher designated pursuant to Section 60642 and the
publisher of the standards-based achievement tests provided for in
Section 60642.5 shall make the individual pupil, grade, school,
school district, and state results available to the department
pursuant to paragraph (9) of subdivision (a) of Section 60643 by
August 8 of each year in which the achievement test is administered
for those schools for which the last day of test administration,
including makeup days, is on or before June 25.  The department shall
make the grade, school, school district, and state results available
on the Internet by August 15 of each year in which the achievement
test is administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25.
   (c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).
   (d) The department shall ensure that a California Standards Test
that is augmented for the purpose of determining credit, placement,
or admission of a pupil in a postsecondary educational institution
inform a pupil in grade 11 that he or she may request that the
results from that assessment be released to a postsecondary
educational institution.
60642.  (a) The Superintendent of Public Instruction and the State
Board of Education may consider any evaluations of independent
experts who have not been employed by a test publisher in the
preceding 12 months regarding the suitability of the achievement
tests submitted by publishers as required by subdivision (b) of
Section 60605 for use as part of the STAR Program established by this
article.
   (b) Based upon a review of the achievement tests submitted and the
recommendation made by the superintendent pursuant to subdivision
(b) of Section 60605, the state board, in its sole discretion, based
on the considerations set forth in Section 60644, shall designate for
use as part of the STAR Program a single test in grades 3 and 7.
   (c) The state board shall ensure that the achievement test
designated pursuant to subdivision (b) contains the subject areas
specified in subdivision (c) of Section 60603 for grades 3 and 7.
   (d) The state board is hereby authorized to designate the
achievement test to be administered pursuant to this article for more
than one academic year subject to the availability of funds.
   (e) The state board shall minimize, to the extent it deems
feasible, the amount of testing time required by the assessment in
subdivision (b) for those content areas for which there also exists a
standards-based examination as provided for pursuant to Section
60642.5.
  (f) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
60642.5.  (a) The Superintendent of Public Instruction, with
approval of the State Board of Education, shall provide for the
development of an assessment instrument, to be called the California
Standards Tests, 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 of Education.  This standards-based achievement test shall
contain the subject areas specified in subdivision (c) 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 of Education and science in
at least one elementary or middle school grade level selected by the
State Board of Education, and the core curriculum areas specified in
subdivision (e) 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 of Education 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.
   (b) In approving a contract for the development or administration
of the California Standards Tests, the State Board of Education shall
consider each of the following criteria:
   (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 of Education.  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 contractor's procedures to ensuring the security and
integrity of test questions and materials.
   (6) The contractor's experience 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) The standards-based achievement tests may use items from other
tests including items from the achievement test designated pursuant
to Section 60642.
60643.  (a) To be eligible for consideration under Section 60642 or
60642.5 by the State Board of Education, 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.
   (2) With respect to selection under Section 60642.5, 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 of Education.
   (3) Comply with subdivisions (c) and (d) of Section 60645.
   (4) Provide valid and reliable individual pupil scores only in the
content areas specified in subdivision (c) of Section 60642 to
parents or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores only in the
content areas specified in subdivision (c) of Section 60642 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 may 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 of Public Instruction 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).
   (c) Access to any 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 Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
provisions of state and federal law that protect the confidentiality
of information collected by educational institutions.
   (d) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642, 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 may not provide a test described in Section
60642, 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 any 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 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 any
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 any
contract entered into pursuant to this subdivision.
  (g) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
60643.  (a) To be eligible for consideration under Section 60642 or
60642.5 by the State Board of Education, 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.
   (2) With respect to selection under Section 60642.5, 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 only in the
content areas specified in subdivision (c) of Section 60642 to
parents or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores only in the
content areas specified in subdivision (c) of Section 60642 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 may 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 state board and the department 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).
   (c) Access to any 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 Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
provisions of state and federal law that protect the confidentiality
of information collected by educational institutions.
   (d) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642, 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 may not provide a test described in Section
60642, 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 any 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 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 any
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 any
contract entered into pursuant to this subdivision.
   (g) This section shall become operative July 1, 2007.
60643.1.  (a) (1) Commencing in the 1999-2000 school year, and each
school year thereafter, the test publisher designated by the State
Board of Education pursuant to Section 60642 shall make available a
reading list on the Internet by June 1 of that 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 shall also include information related to
the subject matter of each title.  At a minimum, the reading list
shall also categorize titles by subject matter and identify
age-appropriate distinctions in the list.
   (2) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher 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) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher 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 only become
operative 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 of Public Instruction
shall jointly 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) shall, at a minimum, 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, 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.
  (e) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
60643.1.  (a) (1) Commencing in the 1999-2000 school year, and each
school year thereafter, the test publisher designated by the State
Board of Education pursuant to Section 60642 shall make available a
reading list on the Internet by June 1 of that 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 3 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 shall also include information related to
the subject matter of each title.  At a minimum, the reading list
shall also categorize titles by subject matter and identify
age-appropriate distinctions in the list.
   (2) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher 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) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher 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 only become
operative 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 of Public Instruction
shall jointly 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) shall, at a minimum, 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, 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.
   (e) This section shall become operative July 1, 2007.
60643.5.  (a) A school shall be reimbursed by the test publisher
selected pursuant to this article for any unexpected expenses
incurred due to scheduling changes that resulted from the late
delivery of testing materials in connection with the STAR Program.
   (b) The State Department of Education shall monitor and report to
the State Board of Education regarding the publisher's production,
processing, and delivery system to ensure that a timely delivery of
testing materials to all schools occurs during the 1999-2000 testing
cycle.
60644.  In designating an achievement test pursuant to Section
60642, the state board shall adopt only a nationally normed test that
meets nationally recognized criteria for validity and reliability
and shall consider each of the following criteria:
   (a) Ability of the publisher to produce valid, reliable individual
pupil scores.
   (b) Quality and age of empirical data supporting national norm
referenced data analysis of the proposed assessment.
   (c) Ability to report results pursuant to the provisions of
paragraphs (4) to (7), inclusive, of subdivision (a) of Section 60643
by August 8.
   (d) Ability to report results that permit comparability between
data from school districts' previous administration of standardized
achievement tests, if feasible.
   (e) Per-pupil cost estimates of administering the proposed
assessment.
   (f) The publisher's procedure for ensuring the security and
integrity of test questions and materials.
   (g) Experience in the successful conduct of testing programs
adopted and administered by other states.  For experience to be
considered, the number of grades and pupils tested shall be provided.
60645.  (a) The panel established pursuant to Section 60606 shall
review the achievement test designated by the State Board of
Education pursuant to Section 60642, the standards-based achievement
test provided for in Section 60642.5, and items identified in
subdivision (d) for compliance with Section 60614.
   (b) Any test questions or test content identified by the panel to
be out of compliance with Section 60614 shall be recommended for
deletion or replacement pursuant to subdivision (e) of Section 60606.
   (c) The State Board of Education shall ensure that any question or
content not in compliance with Section 60614 is deleted from
assessments designated pursuant to Section 60642 and the
standards-based achievement test provided for in Section 60642.5.
   (d) If necessary to maintain the requirements of Section 60642.5,
the publisher shall replace deleted test content with revisions that
comply with Section 60614 as required by the State Board of Education
pursuant to subdivision (c).
60647.  Any action to challenge any provision of this article or any
determination made by the State Board of Education thereunder, shall
be filed and adjudicated pursuant to the provisions of Sections 860
to 870, inclusive, of the Code of Civil Procedure, except that any
determination made by the State Board of Education pursuant to
Section 60642 may only be challenged by an unsuccessful publisher
pursuant to an action filed within 30 days thereafter.  No exercise
of discretion by the State Board of Education in its administration
of this article or exercise of its discretion pursuant to Section
60605 shall be overturned absent a finding that the State Board of
Education acted in an arbitrary and capricious manner.
60648.  The Superintendent of Public Instruction shall recommend,
and the State Board of Education shall adopt, levels of pupil
performance on achievement tests administered pursuant to this
article in reading, English language arts, and mathematics at each
grade level.  The performance levels shall identify and establish the
level of performance that is deemed to be the minimum level required
for satisfactory performance in the next grade.  These levels of
performance shall only be adopted after the standards-based
achievement tests have been aligned, pursuant to paragraph (2) of
subdivision (a) of Section 60643, to the content and performance
standards adopted by the State Board of Education pursuant to
subdivision (a) of Section 60605.
60649.  On or before March 1, 2001, the Superintendent of Public
Instruction and the State Board of Education shall report to the
Legislature and the Governor on the status of implementation of this
chapter.  The report shall include, but not be limited to, the
following:
   (a) Description of the actions taken to ensure full coverage of
academic content standards in assessments developed pursuant to this
chapter.
   (b) Identification of the types of test items designed to measure
applied academic skills, as defined in subdivision (b) of Section
60603.
   (c) The means by which the Superintendent of Public Instruction
and the State Board of Education determine assessments are valid,
reliable, and provide consistent year-to-year comparisons of student
progress, consistent with nationally recognized and accepted test
construction and implementation methodologies, as applicable.
   (d) Recommendations to improve the state's assessment system,
identifying related costs or savings, and increases or decreases in
testing time.