(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards or bodies of local educational agencies, as defined, that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to, before the beginning of the 201617 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 with specified elements, and would authorize governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these pupils, as applicable, with these specified elements. The bill would further require each governing board or body of a local educational agency to ensure that its mathematics placement policy is posted on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards or bodies of local educational agencies, as defined, that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to, before the beginning of the 201617 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 with specified elements, and would authorize governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these pupils, as applicable, with these specified elements. The bill would further require each governing board or body of a local educational agency to ensure that its mathematics placement policy is posted on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards or bodies of local educational agencies, as defined, that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to to, before the beginning of the 201617 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 with specified elements, and would authorize governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these pupils, as applicable, with these specified elements. The bill would further require each governing board or body of a local educational agency to ensure that its mathematics placement policy is posted on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards or bodies of local educational agencies, as defined, serving pupils in grade 8 or 9, or both, that do not have a that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to develop, adopt develop and adopt, in a regularly scheduled public meeting, and implement a fair, objective, and transparent mathematics placement policy for pupils in entering grade 9 with specified elements, and would authorize governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these pupils, as applicable, with these specified elements. The bill would further require each governing board or body of a local educational agency to ensure that its mathematics placement policy is posted prominently on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards or bodies of local educational agencies, as defined, serving pupils in grade 8 or 9, or both, that do not have a mathematics placement policy as of January 1, 2016, to develop, adopt in a regularly scheduled public meeting, and implement a fair, objective, and transparent mathematics placement policy for pupils in grade 9 with specified elements. elements, and would authorize governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these pupils, as applicable, with these specified elements. The bill would further require each governing board or body of a local educational agency to ensure that its mathematics placement policy is posted prominently on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards of local educational agencies, as defined, serving pupils in grade 8 or 9, or both, that do not have a mathematics placement policy as of January 1, 2016, to develop, adopt in a regularly scheduled public meeting, and implement a fair, objective, and transparent mathematics placement policy with specified elements. The bill would further require each governing board of a local educational agency to ensure that its mathematics placement policy is posted prominently on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require each governing board of a governing boards of local educational agency, agencies, as defined, serving pupils in grade 8 or 9, or both, that do not have a mathematics placement policy as of January 1, 2016, to develop, adopt in a regularly scheduled public meeting, and implement a fair, objective, and transparent mathematics placement policy with specified elements. The bill would further require each governing board of a local educational agency to ensure that its mathematics placement policy is available to each pupil and his or her parent or legal guardian and is posted prominently on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the California Mathematics Placement Act of 2015. The bill would require each governing board of a local educational agency, as defined, serving pupils in grade 8 or 9, or both, to develop develop, adopt in a regularly scheduled public meeting, and implement a fair, objective, and transparent statewide mathematics placement policy with specified elements. The bill would further require each local educational agency to ensure that its mathematics placement policy is available to each pupil and his or her parent or legal guardian and is posted prominently on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the Fair California Mathematics and Academic Placement Act of 2015. The bill would express findings and declarations of the Legislature relating to the importance of pupil achievement in mathematics. The bill would require the Superintendent of Public Instruction each local educational agency, as defined, serving pupils in grade 8 or 9, or both, to develop and establish implement a fair, objective, and transparent statewide mathematics and academic placement policy with specified elements and would require school districts to implement that policy. To the extent that the bill would impose new duties on school districts, it would constitute elements. The bill would further require each local educational agency to ensure that its mathematics placement policy is available to each pupil and his or her parent or legal guardian and is posted prominently on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

This bill would enact the Fair Mathematics and Academic Placement Act of 2015. The bill would express findings and declarations of the Legislature relating to the importance of pupil achievement in mathematics. The bill would require the Superintendent of Public Instruction to develop and establish a fair, objective, and transparent statewide mathematics and academic placement policy with specified elements and would require school districts to implement that policy. To the extent that the bill would impose new duties on school districts, it would constitute a state-mandated local program.

(2)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.

 UNFINISHED BUSINESS  

Bill No: SB 359

Author: Mitchell (D) et al

Amended: 8/28/15

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 4/15/15

AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SENATE FLOOR: 40-0, 6/4/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

ASSEMBLY FLOOR: 77-0, 9/3/15 - See last page for vote

SUBJECT: California Mathematics Placement Act of 2015

SOURCE: Author

DIGEST: This bill requires each local educational agency (LEA) that serves students entering grade 9 to develop and adopt a fair, objective, and transparent mathematics placement policy for students entering grade 9.

Assembly Amendments clarify that mathematics placement policies are to affect students entering grade 9; require mathematics placement policies to be adopted before the beginning of the 2016-17 school year; modify what constitutes objective academic measures of student performance; specify that the placement checkpoint is to occur within the first month of the school year; modify the examination of student placement data and clarify that the examination is of aggregate data; delete the authority for the report of aggregate results to be include as part of the LEA’s accountability report of its local control and accountability plan; and adds the authority for governing boards or bodies of LEAs serving students who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy.

ANALYSIS:

Existing law:

1. Requires students to successfully complete two courses in mathematics as a condition of graduation from high school. (Education Code § 51225.3)

2. Requires that one of those courses, or “a combination of the two courses” required for graduation meet or exceed the rigor of the 1997 content standards for Algebra 1. (EC § 51224.5)
   
   

3. Established the Academic Content Standards Commission for the purpose of developing the California Common Core Standards in English language arts and mathematics, and required the State Board of Education to reject or adopt those standards by August 2, 2010. (EC § 60605.8)

This bill:

1. Establishes the California Mathematics Placement Act.
   
   

2. Requires, before the beginning of the 2016-17 school year, the governing board or body of each LEA that serve students entering grade 9 to develop and adopt a fair, objective, and transparent mathematics placement policy for students entering grade 9 that does all of the following:
   
   

   1. Systematically takes into consideration multiple objective academic measures of student performance, as defined (see #8).
      
      

   2. Includes at least one placement checkpoint within the first month of the school year to ensure accurate placement and permit reevaluation of individual pupil progress.
      
      

   3. Requires examination of aggregate student placement data annually to ensure students who are qualified to progress in mathematics courses based on their performance on objective academic measures are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background.
      
      

   4. Requires the LEA to report the aggregate results of this examination to the LEA’s governing board and post the examination results on the LEA’s website.
      
      

   5. Offers clear and timely recourse for each student and his or her parent who questions the student’s placement.
      
      

   6. For non-unified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts.
      
      

3. Authorizes governing boards or bodies of LEAs serving students who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these students.
   
   

4. Requires the governing boards of each LEA to adopt the mathematics placement policy in a regularly scheduled public meeting.
   
   

5. Requires each LEA to ensure that its mathematics placement policy is posted on the LEA’s website.
   
   

6. Clarifies that this bill applies only to LEAs that do not have a mathematics placement policy as described by this bill as of January 1, 2016.
   
   

7. Defines “local educational agency” as a county office of education, school district, state special school, or charter school.
   
   

8. Defines “objective academic measures” to mean measures, such as statewide mathematics assessments, including interim and summative assessments, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards.
   
   

9. States legislative findings and declarations relative to mathematics misplacement.

Background

How do schools currently determine math placement? Current law is silent with regard to mathematics placement policies or practices. According to Appendix A of the 2013 Mathematics Framework, which was adopted by the State Board of Education on November 6, 2013:

Most districts typically rely on teacher recommendations and course grades to determine course placement (Bitter and O’Day 2010, p. 6), with standardized mathematics test scores, student/parent preferences, and counselor recommendations also factoring into the decision (Hallinan 2003). Teacher and counselor placement

recommendations include subjective judgments about “students’ personalities, behavior and motivation” in addition to test score performance.

[http://www.cde.ca.gov/ci/ma/cf/documents/aug2013apxacourseplace.pdf]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, this bill would impose unknown Proposition 98/General Fund state mandated costs, likely in the low millions, for LEAs without a mathematics placement policy to develop and implement one in accordance with the requirements of this bill. Costs to the state would depend on the number of LEAs that would be required to develop a placement policy. For illustration, assuming roughly half of all school districts, county offices of education, and charter schools serving students entering 9th grade were required to implement a policy, statewide costs would range from $2.8 million to $5.8 million. This assumes average LEA administrative costs in the range of $4,000 to $8,000 per LEA.

SUPPORT: (Verified 9/3/15)

None received

OPPOSITION: (Verified 9/3/15)

None received

ASSEMBLY FLOOR: 77-0, 9/03/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Atkins

NO VOTE RECORDED: Hadley, Perea, Wood

Prepared by: Lynn Lorber / ED. / (916) 651-4105

9/3/15 17:34:56

**** END ****

SENATE THIRD READING

STR Bill Id:SB 359

Author:(Mitchell)

As Amended Ver:August 28, 2015

Majority vote

SENATE VOTE: 40-0

SUMMARY: Requires local educational agencies (LEAs) and charter schools serving students entering grade nine to adopt a fair, objective, and transparent mathematics placement policy. Specifically, this bill:

1. Makes findings and declarations regarding students' inappropriate placement in mathematics courses at the secondary level.

2. States that the act shall be known as the California Mathematics Placement Act of 2015.

3. Requires governing boards of LEAs serving students entering grade 9 that do not have a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to develop and adopt in a regularly scheduled public meeting a fair, objective, and transparent mathematics placement policy before the beginning of the 2016-17 school year that:

1. Systematically takes multiple, objective academic measures into consideration.

2. Defines "objective academic measures" to mean measures such as statewide mathematics assessments, including interim and summative assessments; placement tests that are aligned to state-adopted content standards in mathematics; classroom assignments and grades; and report cards.

3. Includes at least one placement checkpoint within the first month of the school year to ensure accurate placement.

4. Requires annual examination of aggregate pupil placement data to ensure that students who are qualified to progress in mathematics courses based on their performance on objective academic measures are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background.

5. Requires LEAs to report the aggregate results of this examination to their governing boards.

6. Offers clear and timely recourse for each student and his or her parent or guardian who questions the student's placement.

7. For non-unified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts.

4. States that LEAs serving students who are transitioning between elementary and middle or junior high schools may develop and implement policies meeting the criteria above.

5. Requires LEAs to post their mathematics placement policies on their Web sites.

6. Defines "local educational agency" to mean a county office of education, school district, state special school, or charter school.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown Proposition 98/General Fund state mandated costs, likely in the low millions, for LEAs without a mathematics placement policy to develop and implement one in accordance with the requirements of this bill. Costs to the state would depend on the number of LEAs that would be required to develop a placement policy. For illustration, assuming roughly half of all school districts, county offices of education, and charter schools serving students entering 9th grade were required to implement a policy, statewide costs would range from $2.8 million to $5.8 million. This assumes average LEA administrative costs in the range of $4,000 to $8,000 per LEA.

COMMENTS:

Need for the bill. According to the author's office, "Math misplacement occurs when 9th grade students are held back to repeat their 8th grade math course despite achieving a "B" grade or better, or testing at proficient or advanced on state assessments, instead of being placed in the next course in the recommended math sequence as a freshman in high school. Most universities, including the California State University and the University of California, require at least three years of math for college eligibility and prefer students who have taken high-level math courses such as Calculus or Advanced Placement Statistics. Failing to take high level math classes in high school can have significant ramifications on the student’s future economic success."

Study finds many students who successfully pass algebra in 8th grade placed in same course in 9th grade. A 2010 study by the Noyce Foundation which examined the math placement practices of nine school districts and their effect on 1,700 students found:

1. Forty-six percent of 8th grade algebra students who earned a grade of B- or better were placed in Algebra again in 9th grade, or dropped to a less advanced course.

2. Forty-five percent of 8th grade algebra students who met or exceeded standards on standardized assessments (California Standards Test or the formative Mathematics Assessment Resource Service assessments) were placed in algebra again in 9th grade.

3. Nearly half of the students who were successful in algebra in the 8th grade and who were placed again in Algebra in 9th grade were no more successful in their second experience.

4. Evidence suggesting (but is not generalizable because of the methodology of this study) that Latino, African American, and Pacific Islander students who were successful in 8th grade algebra were less likely than other students to be placed in algebra again in 9th grade.

A new definition of "math misplacement". Prior to the publication of the above data, "math misplacement" was typically considered to mean the placement of students in courses for which they were academically unprepared. The state's Mathematics Framework states that "[math] misplacement is common," and devotes the discussion of this problem predominantly to the problem of students' lack of readiness for the course.

Enrollment in 8th grade algebra has increased dramatically in recent years, from 32% to 54% between 2003 and 2009, according to the CDE. Scores on the California Standards Test in algebra increased for students overall during this period, but scores have risen more dramatically for low income, English learner, African American, and Latino students, as well as students with disabilities.

Yet concerns persist about inappropriate placement in this course. These concerns are based in part on proficiency scores on the California Standards Test, but also on the observations that many students retake algebra in 9th grade, and that many retake the algebra CST (which occurs each time a student takes the course). The misplacement data presented above raises the question: could some part of California's students' math "failure" actually be success in disguise?

How do schools determine math placement? Current law is silent with regard to mathematics placement policies and practices. The state's Mathematics Framework states:

Most districts typically rely on teacher recommendations and course grades to determine course placement (Bitter and O'Day 2010, page 6), with standardized mathematics test scores, student/parent preferences, and counselor recommendations also factoring into the decision (Hallinan 2003). Teacher and counselor placement recommendations include subjective judgments about “students’ personalities, behavior and motivation” in addition to test score performance. [emphasis added]

What causes math misplacement? There are several factors which have been identified as leading to students’ misplacement in math courses in 9th grade. Among them are:

1. Over-reliance on subjective measures. Use of subjective measures to determine placement may be a significant factor in math misplacement. Research on math placement illustrates the potential consequences of over-reliance on subjective judgments in placement decisions:

   1. A 2014 longitudinal study of placement of students in algebra in 8th grade investigated the relationship between standardized test scores and teacher evaluation of students’ math skills on math placement. It found that African American students had two-thirds the chance of being placed in algebra than other students of the same ability. For white students, test scores were a stronger predictor of algebra placement than teacher evaluation, but for African American students, teacher evaluations significantly outweighed test scores. Students who had high test scores but low teacher evaluations had only one-tenth the rate of algebra placement as students who had high test scores and high teacher evaluations. For high-achieving African American students, the rate of algebra placement was 40% lower than for high-achieving white students. Even for African American students with high test scores and high teacher evaluations, the rate of placement was no higher than for those African American students with average scores and evaluations.

   2. Another study of math placement in an urban school district found that among 8th grade students scoring in the highest quartile on a statewide standardized assessment of mathematics, placement in the 9th grade "gatekeeper" mathematics courses differed dramatically by schools within the same district. Overall, 27% of high scoring students were not placed in appropriate courses, and low socio-economic students were three times as likely as wealthier students to be denied appropriate placement. The school observed to have a culture of low expectations placed the least number of high-achieving students in the appropriate courses.

2. Poor timing of data availability from some objective measures. Data from statewide assessments has historically been available only after placement recommendations have been made. This should improve, however, with the state's new, computer-based assessments, which will produce test scores for non-performance items within weeks after test administration.

3. Absence of consistently-applied policies. There is no statewide data on school districts' math policies. Some districts, such as Capistrano Unified School District, do have clear placement policies posted on their Web sites. But anecdotal evidence suggests that some school districts either lack a formal, publicly-accessible placement policy, or that their existing policies are not applied consistently.

4. Lack of coordination between middle and high schools. A 2012 report by WestEd, "College Bound in Middle School and High School? How Math Course Sequences Matter," found poor coordination between middle and high schools in math placement, reporting that of the districts studied, "none had focused on the relationship between students' math performance in early middle school and later course taking and achievement," reflecting a "disjuncture, or lack of communication, between middle- and high-school staff." It noted that "middle-school staff never learned how their students fared in high school; high-school teachers do not systematically seem to know how their students had performed in middle school before transitioning to high school."

5. Wide variation in course names. As noted above, there are many names for mathematics courses used by school districts, and this variation may result in improper course placement in the transition between schools and districts.

6. Parental involvement. Research has demonstrated that more educated parents are more likely to intervene in mathematics course placement decisions affecting their children.

7. Concern in high schools about quality of 8th grade algebra courses. A 2009 EdSource report notes a concern, expressed by the CDE, that “some students who pass algebra I in grade eight might be placed in the course again by high schools that criticize the quality of 8th grade courses.”

8. Non-unified districts. For non-unified school districts, math placement policies may not consistently align between elementary feeder districts and high school districts.

9. Lack of sufficient counselors. Likely contributing to the problem of math misplacement is California’s poor counselor-to-student ratio. In 2010-2011, the state ranked last in the nation, with one counselor for every 1,016 students.

What happens when districts implement a math placement policy based on objective measures? According to the Silicon Valley Community Foundation, twenty-two school districts are actively working to improve their math placement practices. One of these, the Sequoia Union High School District, reviewed its math placement practices and found that math misplacement was occurring almost exclusively among students of color coming from a lower income area. They examined the reasons why teachers were recommending that students who had succeeded in algebra were being placed in algebra again, and found a variety of reasons, from concerns that students didn’t pay enough attention in class, to poor homework completion, to a general perception that students weren’t ready to face academic challenges. Sequoia Union High School District began placing students in math courses based on test scores, and within a year had achieved "accurate placement" aligned to ability between 96% and 99% of the time.

Math misplacement may begin even earlier than 8th grade. While there is no statewide data on math placement practices in the transition between elementary and middle school, limited evidence suggests that math misplacement may occur at this juncture as well. For example, the Fremont Unified School district Web site states that sixth grade students must take a math placement test, and that "no changes may be made to a student's math course pathway until after 9th grade." It also states that absent students must take the placement test on the day they return to school or they will "will lose the opportunity to accelerate and will automatically be placed in the non-accelerated course." While the 8th to 9th grade transition is a critical one, math misplacement may occur long before. This bill includes a permissive statement on the inclusion of the elementary to middle school transition in math placement policies.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001829

Date of Hearing: August 19, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 359

Author:(Mitchell) – As Amended Ver:July 16, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill creates the California Mathematics Placement Act of 2015 to require school boards or governing bodies of local education agencies serving pupils in grades 8 or 9, or both, that do not have a mathematics placement policy in place as of January 1, 2016, to develop a math placement policy. Specifically, this bill:

1. Requires new math placement policies to be adopted in a regularly scheduled public meeting and to be a fair, objective and transparent mathematics placement policy for pupils in grade 9.

2. Requires placement policies adopted pursuant to this bill to do the following:

   1. Systematically takes multiple objective academic measures of pupil performance into consideration. For purposes of this paragraph, “objective academic measures” means measures, such as statewide mathematics assessments, including interim and summative assessments, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards.

   2. Includes at least one placement checkpoint within the first month of the school year to ensure accurate placement and permit reevaluation of individual pupil progress.

   3.  Requires examination of aggregate pupil placement data annually to ensure that pupils who are qualified to progress in mathematics courses based on their performance on objective academic measures selected for inclusion in the policy pursuant to paragraph (1) are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The local educational agency shall report the aggregate results of this examination to the governing board or body of the local educational agency and prominently post the examination results on its Internet Web site.

   4. Offers clear and timely recourse for each pupil and his or her parent or legal guardian who questions the pupil’s placement.

(5) For nonunified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts.

(c) Governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school may develop and implement a mathematics placement policy for these pupils, as applicable, that satisfies paragraphs (1) to (5), inclusive, of subdivision (b).

(d) Each governing board or body of a local educational agency shall ensure that its mathematics placement policy is posted prominently on its Internet Web site.

(e) For purposes of this section, “local educational agency” means county office of education, school district, state special school, or charter school.

FISCAL EFFECT:

>

COMMENTS:

1. Purpose.

2. Mandate for some. The bill requires only governing boards of school districts that do not have a mathematics placement policy as of January 1, 2016 to develop a policy that meets specified requirements of the bill, including implementing a fair, objective and transparent policy. School districts that have already developed policies are not required to modify their policies to meet the criteria of the bill. This could result in the continuance of poor placement policies. The committee may wish to consider whether there is a minimum standard that all math placement policies should meet regardless of when they were developed.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: August 19, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 359

Author:(Mitchell) – As Amended Ver:August 17, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill creates the California Mathematics Placement Act of 2015 to require school boards or governing bodies of local education agencies (LEAs) serving pupils entering grade 9, and that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to develop and adopt a math placement policy. Specifically, this bill:

1. Requires new math placement policies for pupils entering 9^th grade to be adopted in a regularly scheduled public meeting and requires the policy to be a fair, objective, and transparent.

2. Requires placement policies adopted pursuant to this bill to do the following:

   1. Systematically take multiple objective academic measures of pupil performance into consideration. For purposes of this paragraph, “objective academic measures” means measures, such as statewide mathematics assessments, including interim and summative assessments, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards.

   2. Include at least one placement checkpoint within the first month of the school year to ensure accurate placement and permit reevaluation of individual pupil progress.

   3.  Require examination of aggregate pupil placement data annually to ensure that pupils who are qualified to progress in mathematics courses based on their performance on objective academic are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The LEA's required to report the aggregate results of this examination to the governing board or body of the LEA.

   4. Offer clear and timely recourse for each pupil and his or her parent or legal guardian who questions the pupil’s placement.

   5. For nonunified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts.

3. Authorizes governing boards serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy.

4. Requires each governing board to ensure the LEAs mathematics placement policy is posted on its Internet Web site.

FISCAL EFFECT:

Unknown Proposition 98/GF state mandated costs, likely in the low millions, for LEAs without a mathematics placement policy to develop and implement one in accordance with the requirements of this bill. Costs to the state would depend on the number of LEAs that would be required to develop a placement policy. For illustration, assuming roughly half of all school districts, COEs, and charter schools serving students entering 9^th grade were required to implement a policy, statewide costs would range from $2.8 million to $5.8 million. This assumes average LEA administrative costs in the range of $4,000 to $8,000 per LEA.

COMMENTS:

1. Purpose. This bill is in part a response to a 2010 study by the Noyce Foundation which examined the math placement practices of nine school districts and their effect on 1,700 students. The study found:

• Nearly 65% of students who were placed in Algebra in 8th grade were placed in Algebra again in 9th grade.

• 46% of 8th grade Algebra students who earned a grade of B- or better were placed in Algebra again in 9th grade, or dropped to a less advanced course.

• 45% of 8th grade Algebra students who met or exceeded standards on standardized assessments (California Standards Test or the formative Mathematics Assessment Resource Service assessments) were placed in Algebra again in 9th grade.

• Nearly half of the students who were successful in Algebra in the eighth grade and who were placed again in Algebra in ninth grade were no more successful in their second experience.

Current law is silent with regard to mathematics placement policies and practices. The state’s Mathematics Framework states: "Most districts typically rely on teacher recommendations and course grades to determine course placement, with standardized mathematics test scores, student/parent preferences, and counselor recommendations also factoring into the decision. Teacher and counselor placement recommendations include subjective judgments about students’ personalities, behavior and motivation in addition to test score performance."

This bill seeks to ensure LEAs have fair, objective, and transparent mathematics placement policy so that students are promoted to the next mathematics class based on an unbiased decision process.

2. Timing of policy adoption. This bill requires governing boards serving pupils entering grade 9 that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to develop and adopt a policy. The bill does not, however, state when the policy shall be adopted. The committee may wish to consider amending the bill to require policies to be adopted within a certain timeline.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 359

Author:(Mitchell) – As Amended Ver:June 24, 2015

SENATE VOTE: 40-0

SUBJECT: California Mathematics Placement Act of 2015.

SUMMARY: Requires local educational agencies and charter schools serving students in grades 8 and 9 to adopt and implement a fair, objective, and transparent mathematics placement policy. Specifically, this bill:

1. Makes findings and declarations regarding the problem of students being inappropriately placed in mathematics courses at the secondary level.

2. States that the act shall be known as the California Mathematics Placement Act of 2015.

3. Requires governing boards of local educational agencies serving pupils in grade 8 or 9, or both, that do not have a mathematics placement policy as of January 1, 2016, to develop, adopt in a regularly scheduled public meeting, and implement a fair, objective, and transparent mathematics placement policy that:

1. systematically takes multiple, objective academic measures into consideration, such as year-end 8^th grade statewide assessments, pupil grades, and coursework

2. includes at least one placement checkpoint within the first month of the academic year to ensure accurate placement

3. requires examination of aggregate pupil placement data annually to ensure that there is no disproportionate impact in the course placement of pupils by race, gender, ethnicity, or socioeconomic background

4. requires LEAs to report the aggregate results of this examination to the governing board of the local educational agency and prominently post the examination results on its website. States that this report may be included as part of the local educational agency’s accountability report of its local control and accountability plan.

5. offers clear and timely recourse for each pupil and his or her parent or legal guardian who questions the pupil’s placement

4. Requires each governing board of a local educational agency shall ensure that its mathematics placement policy is posted prominently on its Internet Web site.

5. Defines “local educational agency” to mean a county office of education, school district, state special school, or direct-funded charter school.

EXISTING LAW:

1. Requires completion of two courses in mathematics before graduation from high school.

2. Requires that one of those courses, or “a combination of the two courses” required for graduation meet or exceed the rigor of the 1997 content standards for Algebra 1.

3. Establishes the Academic Content Standards Commission and requires it to develop standards in language arts and mathematics, at least 85% of which must be those developed by the Common Core State Standards (CCSS) Initiative. Requires the State Board of Education (SBE) to accept or reject these standards by August 2, 2010.

4. Authorizes the Superintendent of Public Instruction to recommend modifications to the adopted CCSS in mathematics to the SBE, and authorizes the SBE to adopt modifications to the standards.

FISCAL EFFECT: According to the Senate Appropriations Committee, “Unknown, potentially significant costs for LEAs without a mathematics placement policy to develop and implement one in accordance with the requirements of this bill. Costs to the state would depend on the number of LEAs that would be required to develop a placement policy as these activities, as well as implementing the policy, could be determined to be a reimbursable state mandate.”

COMMENTS:

Need for the bill. According to the author’s office, “Math misplacement occurs when 9^th grade students are held back to repeat their 8^th grade math course despite achieving a “B” grade or better, or testing at proficient or advanced on state assessments, instead of being placed in the next course in the recommended math sequence as a freshman in high school. Most universities, including the California State University and the University of California, require at least three years of math for college eligibility and prefer students who have taken high-level math courses such as Calculus or Advanced Placement Statistics. Failing to take high level math classes in high school can have significant ramifications on the student’s future economic success.”

Study finds many students who successfully pass Algebra in 8^th grade placed in same course in 9^th grade. A 2010 study by the Noyce Foundation which examined the math placement practices of nine school districts and their effect on 1,700 students found:

• Nearly 65% of students who were placed in Algebra in 8^th grade were placed in Algebra again in 9^th grade.

• 46% of 8^th grade Algebra students who earned a grade of B- or better were placed in Algebra again in 9^th grade, or dropped to a less advanced course.

• 45% of 8^th grade Algebra students who met or exceeded standards on standardized assessments (California Standards Test or the formative Mathematics Assessment Resource Service assessments) were placed in Algebra again in 9^th grade.

• Nearly half of the students who were successful in Algebra in the eighth grade and who were placed again in Algebra in ninth grade were no more successful in their second experience.

• Evidence suggesting (but is not generalizable because of the methodology of this study) that Latino, African American, and Pacific Islander students who were successful in 8^th grade Algebra were less likely than other students to be placed in Algebra again in 9^th grade.

• There are a “large and confusing array of names for math classes” in 8^th and 9^th grades among the districts surveyed.

Math placement in 8^th and 9^th grade key to future achievement and college-readiness. Placement in 8th grade algebra, often described as a “gatekeeper” or “gateway” course, has long term implications, generally determining whether students to advanced mathematics in high school.

The state’s Mathematics Framework, adopted by the SBE in 2013, describes 8^th grade math placement as predictive of course taking patterns in high school. In many districts, students who are not on this track in 8^th grade will only progress to advanced mathematics in 12^th grade by taking the extraordinary measure of taking two math courses in one year. This has implications for postsecondary options, as calculus or other high level mathematics courses are preferred by many institutions of higher education. The Mathematics Framework also characterizes 9^th grade as “a key year for students in terms of future academic success,” citing research showing that most students who fall off track for college eligibility do so in the 9^th grade.

A new definition of “math misplacement.” Prior to the publication of the above data, “math misplacement” was typically considered to mean the placement of students in courses for which they were academically unprepared. The state’s Mathematics Framework states that “[math] misplacement is common,” and devotes the discussion of this problem predominantly to the problem of students’ lack of readiness for the course.

Enrollment in 8^th grade algebra has increased dramatically in recent years, from 32 percent to 54 percent between 2003 and 2009, according to the CDE. Scores on the California Standards Test in algebra increased for students overall during this period, but scores have risen more dramatically for low income, English learner, African American, and Latino students, as well as students with disabilities.

Yet concerns persist about inappropriate placement in this course. These concerns are based in part on proficiency scores on the California Standards Test, but also on the observations that many students retake Algebra in 9^th grade, and that many retake the algebra CST (which occurs each time a student takes the course).

Given the data presented above, coupled with research presented below, the Committee may wish to consider if any part of California’s students’ math “failure” could actually be success in disguise.

How do schools determine math placement? Current law is silent with regard to mathematics placement policies and practices. The state’s Mathematics Framework states:

Most districts typically rely on teacher recommendations and course grades to determine course placement (Bitter and O’Day 2010, p. 6), with standardized mathematics test scores, student/parent preferences, and counselor recommendations also factoring into the decision (Hallinan 2003). Teacher and counselor placement recommendations include subjective judgments about “students’ personalities, behavior and motivation” in addition to test score performance. [emphasis added]

What causes math misplacement? There are several factors which have been identified as leading to students’ misplacement in math courses in 9^th grade. Among them are:

• Over-reliance on subjective measures. Use of subjective measures to determine placement may be a significant factor in math misplacement. Research on math placement illustrates the potential consequences of over-reliance on subjective judgments in placement decisions:

A 2014 longitudinal study of placement of students in algebra in 8^th grade investigated the relationship between standardized test scores and teacher evaluation of students’ math skills on math placement. It found that African American students had 2/3 the chance of being placed in algebra than other students of the same ability. For white students, test scores were a stronger predictor of algebra placement than teacher evaluation, but for African American students teacher evaluations significantly outweighed test scores. Students who had high test scores but low teacher evaluations had only 1/10^th the rate of algebra placement as students who had high test scores and high teacher evaluations. For high-achieving African American students, the rate of algebra placement was 40% lower than for high-achieving white students. Even for African American students with high test scores and high teacher evaluations, the rate of placement was no higher than for those African American students with average scores and evaluations.

Another study of math placement in an urban school district found that among 8^th grade students scoring in the highest quartile on a statewide standardized assessment of mathematics, placement in the 9^th grade “gatekeeper” mathematics courses differed dramatically by schools within the same district. Overall, 27% of high scoring students were not placed in appropriate courses, and low socio-economic students were three times as likely as wealthier students to be denied appropriate placement. The school observed to have a culture of low expectations placed the least number of high-achieving students in the appropriate courses.

• Poor timing of data availability from some objective measures. Data from statewide assessments has historically been available only after placement recommendations have been made. This should improve, however, with the state’s new, computer-based assessments, which will produce test scores for non-performance items within weeks after test administration.

• Absence of consistently-applied policies. There is no statewide data on school districts’ math policies. Some districts, such as Capistrano Unified School District, do have clear placement policies posted on their websites. But anecdotal evidence suggests that some school districts either lack a formal, publicly-accessible placement policy, or that their existing policies are not applied consistently.

• Lack of coordination between middle and high schools. A report by WestEd, “College Bound in Middle School and High School? How Math Course Sequences Matter,” found poor coordination between middle and high schools in math placement, reporting that of the districts studies, “none had focused on the relationship between students’ math performance in early middle school and later course taking and achievement,” reflecting a “disjuncture, or lack of communication, between middle- and high-school staff.” It noted that “middle-school staff never learned how their students fared in high school; high-school teachers do not systematically seem to know how their students had performed in middle school before transitioning to high school.”

• Wide variation in course names. As noted above, there are many names for mathematics courses used by school districts, and this variation may result in improper course placement in the transition between schools and districts.

• Parental involvement. Research has demonstrated that more educated parents are more likely to intervene in mathematics course placement decisions affecting their children.

• Concern in high schools about quality of 8^th grade algebra courses. A 2009 EdSource report notes a concern, expressed by the CDE, that “some students who pass Algebra I in grade 8 might be placed in the course again by high schools that criticize the quality of 8th grade courses.”

• Non-unified districts. For non-unified school districts, math placement policies may not consistently align between elementary feeder districts and high school districts.

• Lack of sufficient counselors. Likely contributing to the problem of math misplacement is California’s poor counselor-to-student ratio. In 2010-2011, the state ranked last in the nation, with one counselor for every 1,016 students.

What happens when districts implement a math placement policy based on objective measures? According to the Silicon Valley Community Foundation, twenty-two school districts are actively working to improve their math placement practices. One school district, the Jefferson Union High School District worked with its four feeder elementary district to adopt a common math placement protocol.

Another district, the Sequoia Union High School District, reviewed its math placement practices and found that math misplacement was occurring almost exclusively among students of color coming from a lower income area. They examined the reasons why teachers were recommending that students who had succeeded in algebra were being placed in algebra again, and found a variety of reasons, from concerns that students didn’t pay enough attention in class, to poor homework completion, to a general perception that students weren’t ready to face academic challenges.

Sequoia Union High School District began placing students in math courses based on test scores, and within a year had achieved “accurate placement” aligned to ability between 96% and 99% of the time.

Math misplacement may begin even earlier than 8^th grade. While there is no statewide data on math placement practices in the transition between elementary and middle school, limited evidence suggests that math misplacement may occur at this juncture as well. For example, the Fremont Unified School district website states that 6^th grade students must take a math placement test, and that “no changes may be made to a student’s math course pathway until after 9^th grade.” It also states that absent students must take the placement test on the day they return to school or they will “will lose the opportunity to accelerate and will automatically be placed in the non-accelerated course.” The Committee may wish to consider that while the 8^th to 9^th grade transition is a critical one, math misplacement may occur long before. This bill, as proposed to be amended (see Recommended Amendments below), includes a permissive statement on the inclusion of the elementary to middle school transition in math placement policies.

What math placement tests are districts using? Some school districts use placement tests in 8^th grade (and earlier) to determine math placement, but there is no statewide information on what kinds of assessments are being used - whether they are aligned to state content standards, whether they are valid and reliable for placement purposes, or how they are developed. According to their websites, the Los Angeles Unified School District and the San Diego Unified School District, and developed their own math placement examinations for use with their students. This bill, as proposed to be amended (see Recommended Amendments below), lists placement tests that are aligned to state-adopted content standards as one possible objective measure that districts could use in their placement policies.

Model math placement policy allows subjective measures to advance students, but not hold them back. The Lawyers’ Committee on Civil Rights has created a model math placement policy which relies on objective measures of achievement. It permits subjective measures such as staff recommendations only to advance students, but does not allow them to hold students back. This policy would allow a school to advance a student in spite of poor test scores if, for example, the teacher knows that the student is proficient in the content but has poor test taking skills.

Two-year Algebra 1 policy. Current law requires that students complete two years of mathematics in order to graduate from high school, and that one of those courses be Algebra 1. This is currently interpreted to mean that a student may take Algebra 1 over the course of two years and satisfy the two-year mathematics graduation requirement. Enrollment in 2 year algebra has declined from a peak enrollment of 760,000 in 2010-11 to 49,000 students in 2012-13, perhaps reflecting the transition to integrated mathematics. AB 220 (Holden) of this Session allows students to enroll in a 2 year version of Mathematics 1 (integrated mathematics). The Committee may wish to consider if students who successfully complete Algebra 1 in 8^th grade are ever subsequently enrolled in a two-year Algebra course, further degrading their chances of meeting college entrance requirements.

Transition to Common Core mathematics means changes in rigor and organization of math content. The transition to the state’s new Common Core aligned Mathematics standards means changes in both rigor and organization of mathematics content.

The Mathematics Framework describes the new mathematics standards for 8^th grade as of “significantly higher rigor” than those forming the basis of Algebra 1 in the past. In terms of organization of content, the standards provide school districts the option of offering either the traditional sequence of secondary math courses, or an integrated math sequence. Integrated Math consists of a sequence of three courses known as Mathematics 1, Mathematics 2, and Mathematics 3 (with advanced topics in the fourth year). The integrated pathway presents secondary mathematics as a connected subject, with each course containing standards from the six conceptual categories of math content.

A November, 2013 survey published by the Consortium for the Implementation of the Common Core State Standards found that more school districts had chosen an integrated sequence (32%) than continue with the more traditional mathematics sequence (26%), but that over 40% of school districts had not selected a mathematics sequence.

Recommended amendments. Staff recommends the following amendments:

1. This bill refers to districts enrolling students in grades 8 and 9, but does not specifically state that the policy must address placement in those grades. Staff recommends that Section 2(a) be amended to add “mathematics placement policy for grade 9…”

2. Staff recommends that the section specifying examples of objective measures which policies could include be amended to read: “Systematically takes multiple, existing and objective academic measures of pupil performance into consideration. For purposes of this section, ‘objective academic measures’ means measures, such as statewide mathematics assessments, including interim and summative assessments, authorized by Section 60640, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignments and grades, and report cards.”

3. Staff recommends that the section requiring policies to include a placement checkpoint be amended to read: “Includes at least one placement review within the first month of the academic year to ensure accurate placement.”

4. Staff recommends that the first sentence of the paragraph on “disproportionate impact” be amended to read: “Requires examination of aggregate pupil placement data annually to ensure that pupils who are qualified to progress in mathematics courses based on measures of pupil performance selected for inclusion in the policy pursuant to (b)(1) are not held back in a disproportionate manner on the basis of race, ethnicity, gender or socio-economic background.”

5. Staff recommends deleting a reference to local educational agencies including a math placement report in their Local Control Accountability Plans.

6. As noted above, inconsistency between elementary and high school districts may cause math misplacement. To address this, staff recommends and amendment to Section 2, add (b)(5) to read: “For non-unified school districts, address the consistency of placement policies between elementary and high school districts.”

7. Staff recommends addressing earlier math placement in the transition between elementary and middle school in a permissive manner, by adding: “Local educational agencies may, at their discretion, also address in this policy mathematics placement in the transition between elementary and middle school or junior high school, as applicable.”

8. For clarity in describing charter schools, in Section 2 (d), staff recommends amending this section to read: direct-funded charter school as described in Section 47651.

9. Staff recommends amending the intent section to be consistent with the section on “disproportionate impact”

Related legislation. AB 1012 (Jones-Sawyer) of this Session prohibits students from being placed in courses they have satisfactorily completed, except under specified circumstances. This bill is now pending in the Senate.

AB 220 (Holden) of this Session allows the course Mathematics 1 (integrated mathematics) to satisfy a mathematics graduation requirement. This bill reflects the option provided by the SBE for LEAs to offer either integrated or traditional mathematics courses aligned to the Common Core State Standards. This bill is now pending in the Senate.

SR 60 (Mitchell, 2014) asks local school boards to develop, adopt, and monitor a fair, objective, and transparent mathematics placement policy.

REGISTERED SUPPORT / OPPOSITION:

Support

Silicon Valley Community Foundation (sponsor)

California State Conference of the NAACP (Co-sponsor)

Association of California School Administrators

Bayer Corporation

California Court Appointed Special Advocates Association

California School Boards Association

California State PTA

Education Trust – West

Public Advocates

San Francisco Unified School District

University of California

Numerous individuals

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 359

Author: Mitchell (D)

Amended: 6/2/15

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 4/15/15

AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: California Mathematics Placement Act of 2015.

SOURCE: California State Conference of the NAACP

Silicon Valley Community Foundation

DIGEST: This bill requires each local educational agency serving grades 8 or 9 to develop and implement a fair, objective, and transparent mathematics placement policy.

ANALYSIS:

Existing law:

1. Requires students to successfully complete two courses in mathematics as a condition of graduation from high school. (Education Code § 51225.3)

2. Requires that one of those courses, or “a combination of the two courses” required for graduation meet or exceed the rigor of the 1997 content standards for Algebra 1. (EC § 51224.5)
   
   

3. Established the Academic Content Standards Commission for the purpose of developing the California Common Core Standards in English language arts and mathematics, and required the State Board of Education to reject or adopt those standards by August 2, 2010. (EC § 60605.8)

This bill:

1. Establishes the California Mathematics Placement Act.
   
   

2. Requires the governing board of each local educational agency (LEA) serving grade 8 or grade 9, or both, to develop and implement a fair, objective, and transparent statewide mathematics placement policy that does all of the following:
   
   

   1. Systematically takes current academic objective measures into consideration, such as statewide assessments, student grades, and diagnostic placement tests.
      
      

   2. Includes at least one progress checkpoint during the academic year to permit reevaluation of individual student progress.
      
      

   3. Requires examination of student placement data annually to ensure that there is no disproportionate impact in the course placement of students by race, gender, ethnicity, or socioeconomic background.
      
      

   4. Requires the LEA to report the aggregate results of this examination to the LEA’s governing board and prominently post the examination results on the LEA’s website. This report may be included as part of the LEA’s accountability report of its local control and accountability plan.
      
      

   5. Offers clear and timely recourse for each student and his or her parent who questions the student’s placement.
      
      

3. Requires the governing boards of each LEA to adopt the mathematics placement policy in a regularly scheduled public meeting.
   
   

4. Requires each LEA to ensure that its mathematics placement policy is posted prominently on the LEA’s website.
   
   

5. Clarifies that this bill applies only to LEAs that do not have a mathematics placement policy as of January 1, 2016.
   
   

6. Defines “local educational agency” as a county office of education, school district, state special school, or direct-funded charter school.
   
   

7. States legislative findings and declarations relative to mathematics misplacement.

Comments

How do schools currently determine math placement? Current law is silent with regard to mathematics placement policies or practices. According to Appendix A of the 2013 Mathematics Framework, which was adopted by the State Board of Education on November 6, 2013:

Most districts typically rely on teacher recommendations and course grades to determine course placement (Bitter and O’Day 2010, p. 6), with standardized mathematics test scores, student/parent preferences, and counselor recommendations also factoring into the decision (Hallinan 2003). Teacher and counselor placement

recommendations include subjective judgments about “students’ personalities, behavior and motivation” in addition to test score performance.

[http://www.cde.ca.gov/ci/ma/cf/documents/aug2013apxacourseplace.pdf]

Why include grade 8? This bill requires each LEA serving grades 8 or 9 to develop and implement a mathematics placement policy. This bill includes grade 8 because many students take Algebra I in grade 7, or earlier, and are affected by placement decisions in grade 8. This bill sunshines math placement practices by requiring LEAs to have a policy with specific elements, ensuring schools consistently use objective measurements, apply the practice uniformly, and make students and parents aware of the placement policies. This bill does not require the policies of LEAs to accept completion of Algebra I in middle school as satisfying high school graduation requirements. Students who successfully complete Algebra I in grade 8 and are not required to take Algebra I in high school would still be required to complete two mathematics courses while in high school.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, this bill imposes unknown, potentially significant costs for LEAs without a mathematics placement policy to develop and implement one in accordance with the requirements of this bill. Costs to the state would depend on the number of LEAs that would be required to develop a placement policy as these activities, as well as implementing the policy, could be determined to be a reimbursable state mandate.

SUPPORT: (Verified 6/1/15)

California State Conference of the National Association for the Advancement of

Colored People (co-source)

Silicon Valley Community Foundation (co-source)

Association of California School Administrators

Bayer

California School Boards Association

Education Trust-West

Equal Justice Society

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

Public Advocates

San Jose Silicon Valley Chamber of Commerce

San Mateo County Office of Education

St. James Community Foundation

OPPOSITION: (Verified 6/1/15)

None received

ARGUMENTS IN SUPPORT: According to the Education Trust-West, some students are disadvantaged by unfair math placement practices that require students to repeat Algebra or other classes after having already passed the course in the eighth grade. Due to bias or opinions that are not based on data or evidence, some high schools require entering freshmen to retake their college preparatory math course. This reduces the total number of college preparatory courses taken in high school, weakens the student’s preparation for university-level coursework, and potentially threatens his or her chances for admission to competitive institutions.

Prepared by: Lynn Lorber / ED. / (916) 651-4105

6/2/15 12:52:20

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 359 (Mitchell) - California Mathematics Placement Act of 2015

SUSPENSE FILE. AS AMENDED.

Bill Summary:

This bill requires each local educational agency (LEA) serving students in grade 8 or 9 to develop and implement a fair, objective, and transparent mathematics placement policy.

Fiscal Impact (as approved on May 28, 2015):

• Mandate: Unknown, potentially significant costs for LEAs without a mathematics placement policy to develop and implement one in accordance with the requirements of this bill. Costs to the state would depend on the number of LEAs that would be required to develop a placement policy as these activities, as well as implementing the policy, could be determined to be a reimbursable state mandate.

Background:

Current law requires students to successfully complete two courses in mathematics as a condition of graduation from high school. (Education Code § 51225.3)

Current law also requires that one of those courses, or “a combination of the two courses” required for graduation meet or exceed the rigor of the 1997 content standards for Algebra 1. (EC § 51224.5)

Current law is silent with regard to mathematics placement policies or practices.

Proposed Law: This bill requires each LEA serving students in grade 8 or 9, or both, to develop and implement a fair, objective, and transparent mathematics placement policy.

Specifically, the policy must be adopted in a regularly scheduled public meeting and must: (1) take current academic objective measures into consideration, such as student grades; (2) include multiple progress checkpoints throughout the academic year to permit reevaluation of individual student progress; and (3) offer clear and immediate recourse for each student and their parent who questions the placement.

The policy must also include an examination of student placement data to ensure that there is no disproportionate placement of students by race, gender, ethnicity, or socioeconomic background. The LEA must report the aggregate results of the examination to its governing board and prominently post this information on its website. This bill authorizes that this report be included in the LEA’s local control and accountability plan.

Related Legislation:

1. AB 220 (Holden, 2015) allows the course Mathematics 1, which is aligned to the state’s adopted academic content standards, to satisfy a mathematics graduation requirement. AB 220 is pending in the Senate Rules Committee.
   
   SR 60 (Mitchell, 2014) asks local school boards to develop, adopt, and monitor a fair, objective, and transparent mathematics placement policy.

Staff Comments:

• This bill could result in a reimbursable state mandate as it requires each LEAs to develop and implement a new mathematics placement policy, including the required components.

The plan requires, among other things, multiple checkpoints throughout the academic year to permit reevaluation of student progress and the examination of student placement data that would first have to be gathered and then monitored, to ensure no there is no disproportionate impact on the placement of students among student demographic groups. The LEA is also required to submit a report of the aggregated results of this examination to its governing board. Finally, the LEA must provide immediate recourse if a parent or student disagrees with the placement. Assuming additional staffing is needed at each LEA (1,044) for examining student placement data as well as for addressing appeals in each high school (1,305) and middle school (1,267), local costs Proposition 98 General Fund costs could be in the mid hundreds of millions. Costs would vary by LEA depending on its size and need for additional staff.

Even if LEAs currently have their own mathematics placement policy, which may differ, they would be required to amend their policy to comply with this new law and could receive a reimbursement for this activity if it is deemed a reimbursable state mandate.

Committee amendments (as adopted on May 28, 2015): Amendments reduce requirements to apply to LEAs that do not have a mathematics placement policy. In addition, amendments reduce the minimum number of checkpoints required to reevaluate pupil progress and provide other technical changes.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 359 (Mitchell) - California Mathematics Placement Act of 2015

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires each local educational agency (LEA) serving students in grade 8 or 9 to develop and implement a fair, objective, and transparent mathematics placement policy.

Fiscal Impact:

• Mandate: Potential costs in the mid hundreds of millions in Proposition 98 General Fund to develop and implement a mathematics placement policy as prescribed in this bill.

Background:

Current law requires students to successfully complete two courses in mathematics as a condition of graduation from high school. (Education Code § 51225.3)

Current law also requires that one of those courses, or “a combination of the two courses” required for graduation meet or exceed the rigor of the 1997 content standards for Algebra 1. (EC § 51224.5)

Current law is silent with regard to mathematics placement policies or practices.

Proposed Law: This bill requires each LEA serving students in grade 8 or 9, or both, to develop and implement a fair, objective, and transparent mathematics placement policy.

Specifically, the policy must be adopted in a regularly scheduled public meeting and must: (1) take current academic objective measures into consideration, such as student grades; (2) include multiple progress checkpoints throughout the academic year to permit reevaluation of individual student progress; and (3) offer clear and immediate recourse for each student and their parent who questions the placement.

The policy must also include an examination of student placement data to ensure that there is no disproportionate placement of students by race, gender, ethnicity, or socioeconomic background. The LEA must report the aggregate results of the examination to the governing board of the LEA and prominently post this information on its website. This bill authorizes that this report be included in the LEA’s local control and accountability plan.

Related Legislation:

1. AB 220 (Holden, 2015) allows the course Mathematics 1, which is aligned to the state’s adopted academic content standards, to satisfy a mathematics graduation requirement. AB 220 is pending in the Senate Rules Committee.
   
   SR 60 (Mitchell, 2014) asks local school boards to develop, adopt, and monitor a fair, objective, and transparent mathematics placement policy.

Staff Comments:

• This bill could result in a reimbursable state mandate as it requires each LEAs to develop and implement a new mathematics placement policy, including the required components.

The plan requires, among other things, multiple checkpoints throughout the academic year to permit reevaluation of student progress and the examination of student placement data that would first have to be gathered and then monitored, to ensure no there is no disproportionate impact on the placement of students among student demographic groups. The LEA is also required to submit a report of the aggregated results of this examination to its governing board. Finally, the LEA must provide immediate recourse if a parent or student disagrees with the placement. Assuming additional staffing is needed at each LEA (1,044) for examining student placement data as well as for addressing appeals in each high school (1,305) and middle school (1,267), local costs Proposition 98 General Fund costs could be in the mid hundreds of millions. Costs would vary by LEA depending on its size and need for additional staff.

Even if LEAs currently have their own mathematics placement policy, which may differ, they would be required to amend their policy to comply with this new law and could receive a reimbursement for this activity if it is deemed a reimbursable state mandate.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 359

Subject: California Mathematics Placement Act of 2015

SUMMARY

This bill requires each local educational agency serving grades 8 or 9 to develop and implement a fair, objective, and transparent mathematics placement policy.

BACKGROUND

Current law:

1. Requires students to successfully complete two courses in mathematics as a condition of graduation from high school. (Education Code § 51225.3)

2. Requires that one of those courses, or “a combination of the two courses” required for graduation meet or exceed the rigor of the 1997 content standards for Algebra 1. (EC § 51224.5)

3. Established the Academic Content Standards Commission for the purpose of developing the California Common Core Standards in English language arts and mathematics, and required the State Board of Education to reject or adopt those standards by August 2, 2010. (EC § 60605.8)

ANALYSIS

This bill requires each local educational agency serving grades 8 or 9 to develop and implement a fair, objective, and transparent mathematics placement policy. Specifically, this bill:

1. Establishes the California Mathematics Placement Act.
   
   

2. Requires each local educational agency (LEA) serving grade 8 or grade 9, or both, to develop and implement a fair, objective, and transparent statewide mathematics placement policy that does all of the following:
   
   

   1. Systematically takes current academic objective measures into consideration, such as statewide assessments, student grades, and diagnostic placement tests.

2. Includes multiple progress checkpoints throughout the academic year to permit reevaluation of individual student progress, including at least one checkpoint within the first three months of the academic year.
   
   

3. Requires examination of student placement data, at least annually, to ensure that there is no disproportionate impact in the course placement of students by race, ethnicity, or socioeconomic background.
   
   

4. Requires the local educational agency (LEA) to report the aggregate results of this examination to the LEA’s governing board and prominently post the examination results on the LEA’s website. This report may be included as part of the LEA’s accountability report of its local control and accountability plan.
   
   

5. Offers clear and immediate recourse for each student and his or her parent who questions the student’s placement.
   
   

1. Requires each LEA to ensure that its mathematics placement policy is available to each student and parent, and is posted prominently on the LEA’s website.
   
   

2. Defines “local educational agency” as a county office of education, school district, state special school, or direct-funded charter school.
   
   

3. States legislative findings and declarations relative to mathematics misplacement.

STAFF COMMENTS

1. Need for the bill. According to the author, “Math misplacement occurs when 9^th grade students are held back to repeat their 8^th grade math course despite achieving a “B” grade or better, or testing at proficient or advanced on state assessments instead of being placed in the next course in the recommended math sequence as a freshman in high school. Most universities, including the California State University and the University of California, require at least three years of math for college eligibility and prefer students who have taken high-level math courses such as Calculus or Advanced Placement Statistics. Failing to take high level math classes in high school can have significant ramifications on the student’s future economic success.”
   
   

2. How do schools currently determine math placement? Current law is silent with regard to mathematics placement policies or practices. According to Appendix A of the 2013 Mathematics Framework, which was adopted by the State Board of Education on November 6, 2013:
   
   

Most districts typically rely on teacher recommendations and course grades to determine course placement (Bitter and O’Day 2010, p. 6), with standardized mathematics test scores, student/parent preferences, and counselor recommendations also factoring into the decision (Hallinan 2003). Teacher and counselor placement

recommendations include subjective judgments about “students’ personalities, behavior and motivation” in addition to test score performance.

http://www.cde.ca.gov/ci/ma/cf/documents/aug2013apxacourseplace.pdf

3. Why include grade 8? This bill requires each local educational agency (LEA) serving grades 8 or 9 to develop and implement a mathematics placement policy. This bill includes grade 8 because many students take Algebra I in grade 7, or earlier, and are affected by placement decisions in grade 8. This bill sunshines math placement practices by requiring LEAs to have a policy with specific elements, ensuring schools consistently use objective measurements, apply the practice uniformly, and make students and parents aware of the placement policies. This bill does not require the policies of LEAs to accept completion of Algebra I in middle school as satisfying high school graduation requirements. Students who successfully complete Algebra I in grade 8 and are not required to take Algebra I in high school would still be required to complete two mathematics courses while in high school.
   
   

4. Clarifying and technical amendments.
   
   

   1. Specifically require the governing board of an LEA to adopt the policy in a regularly scheduled public meeting.
      
      

   2. On page 3, line 23, strike “statewide.”
      
      

   3. On page 3, at the end of line 36, insert “gender.”
      
      

5. Related and prior legislation.
   
   RELATED LEGISLATION
   
   AB 220 (Holden, 2015) allows the course Mathematics 1 to satisfy a mathematics graduation requirement. States that a student who completes a course in Algebra 1 or Mathematics 1 before 9^th grade is exempt from the above requirement but not from the requirement to take two math courses in grades 9 to 12. AB 220 is pending in the Assembly Appropriations Committee.
   
   AB 770 (Irwin, 2015) establishes a grant program, and as a condition of receiving a grant, requires the governing board of a community college district to demonstrate in its application that the community colleges will among other things:
   
   

   1. Adopt placement tests and related policies that include multiple measures of student performance, including grades in high school courses and input from counselors.
      
      

   2. Increase the placement of students directly in gateway English and mathematics courses and career pathways supplemented by remediation.
      
      

AB 770 is scheduled to be heard by the Assembly Higher Education Committee on April 21.

PRIOR LEGISLATION

SR 60 (Mitchell, 2014) asks local school boards to develop, adopt, and monitor a fair, objective, and transparent mathematics placement policy.

SUPPORT

Bayer

California School Boards Association

California State Conference of the National Association for the Advancement of Colored

People

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

Public Advocates

Silicon Valley Community Foundation

OPPOSITION

None received.

-- END --