Amended in Assembly July 16, 2015

Amended in Assembly June 24, 2015

Amended in Senate June 2, 2015

Amended in Senate April 23, 2015

Amended in Senate April 6, 2015

Senate Bill No. 359

Introduced by Senator Mitchell

(Coauthors: Senators Beall and Hancock)

(Coauthor: Assembly Member Jones-Sawyer)

February 24, 2015

An act to add Section 51224.7 to the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 359, as amended, Mitchell. California Mathematics Placement Act of 2015.

(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 begin insert or bodies end insert 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 begin insert for pupils in grade 9 end insert with specified begin delete elements. end delete begin insert 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. end insert The bill would further require each governing board begin insert or body end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Pupil achievement in mathematics is important to prepare
pupils for college and their future careers, especially those careers
in the fields of science, technology, engineering, and mathematics
(STEM).

(b) Placement in appropriate mathematics courses is critically
important for a pupil during his or her middle and high school
years. A pupil’s 9th grade math course placement is a crucial
crossroads for his or her future educational success. Misplacement
in the sequence of mathematics courses creates a number of barriers
and results in pupils being less competitive for college admissions,
including admissions at the California State University and
University of California.

(c) The most egregious examples of mathematics misplacement
occur with successful pupils and, disproportionately, with
successful pupils of color. These successful pupils are achieving
a grade of “B” or better, or are testing at proficient or even
advanced proficiency on state assessments. Nevertheless, they are
held back to repeat 8th grade mathematics coursework rather than
advancing to the next course in the recommended mathematics
course sequence.

(d) Mathematics misplacement has far-reaching impacts on a
pupil’s confidence, general knowledge of mathematical concepts,
and high school experience, and may also impact the college career
opportunities available to the pupil.

(e) New research shows that it is less common for pupils of
color, even high-achieving pupils of color, to reach calculus by
grade 12 compared to their white and Asian peers.

(f) All pupils, regardless of begin delete race or ethnic end delete begin insert race, ethnicity, gender,
or socioeconomic end insert background, deserve an equal chance to advance
in mathematics.

(g) With the shift towards implementation of the Common Core
State Standards for Mathematics, it is particularly important for
all pupils to have access to high-quality mathematics programs
that meet the goals and expectations of these standards.

(h) It is crucial for teachers and guidance personnel to advise
pupils and parents on the importance of accurate mathematics
course placement and its impact on future college eligibility so
pupils may take each course in the mathematics course sequence.

(i) California faces a looming shortage of college-educated
workers in an increasingly competitive global economy.

(j) A policy for correct mathematics placement must be
addressed in order to ensure a fair process and chance of success
for all pupils.

SEC. 2.  

Section 51224.7 is added to the Education Code, to
read:

51224.7.  

(a) This act shall be known, and may be cited, as the
California Mathematics Placement Act of 2015.

(b) Governing boards begin insert or bodies end insert 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, shall develop,
adopt in a regularly scheduled public meeting, and implement a
fair, objective, and transparent mathematics placement policy begin insert for
pupils in grade 9 end insert that does all of the following:

(1) Systematically takes multiple objective academic measures
begin insert of pupil performance end insert into begin delete consideration, such as year-end grade
8 assessments, pupil grades, and coursework. end delete begin insert consideration. For
purposes of this paragraph, “objective academic measures” means
measures, such as statewide mathematics assessments, including
interim and summative assessments authorized pursuant to Section
60640, placement tests that are aligned to state-adopted content
standards in mathematics, classroom assignment and grades, and
report cards. end insert

(2) Includes at least one placement checkpoint within the first
month of the begin delete academic end delete begin insert school end insert year to ensure accurate placement
and permit reevaluation of individual pupil progress.

(3) Requires examination of aggregate pupil placement data
annually to ensure that begin delete there is no disproportionate impact in the
course placement of pupils by race, gender, ethnicity, or
socioeconomic background. end delete begin insert 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. end insert The local educational agency shall report the
aggregate results of this examination to the governing board begin insert or
body end insert of the local educational agency and prominently post the
examination results on its Internet Web site. begin delete This report may be
included as part of the local educational agency’s accountability
report of its local control and accountability plan. end delete

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

begin insert

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

end insert begin insert

(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).

end insert begin delete

(c)

end delete

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

begin delete

(d)

end delete

begin insert (e) end insert  For purposes of this section, “local educational agency”
means county office of education, school district, state special
school, or begin delete direct-funded charter school as described in Section
47651. end delete begin insert charter school. end insert

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.