Emma C., et al v. Eastin, et al

Filing 2041

STIPULATION AND ORDER RE STANDARDS OF MEASUREMENT RELATED TO CURRICULUM-BASED ASSESSMENTS. Signed by Judge Thelton E. Henderson on 04/30/2015. (tmi, COURT STAFF) (Filed on 4/30/2015)

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William S. Koski, Esq., SBN 166061
Carly J. Munson, Esq., SBN 254598
STANFORD LAW SCHOOL
YOUTH & EDUCATION LAW PROJECT
MILLS LEGAL CLINIC
559 Nathan Abbott Way
Stanford, CA 94305-8610
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

KAMALA D. HARRIS
Attorney General of California
ISMAEL A. CASTRO
Supervising Deputy Attorney General
R. MATTHEW WISE, SBN 238485
FERMIN VILLEGAS, SBN 245682
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Delaine Eastin,
Superintendent of Public Instruction, California
Department of Education, and California State
Board of Education

Arlene B. Mayerson, Esq., SBN 79310
Larisa M. Cummings, Esq., SBN131076
DISABILITY RIGHTS EDUCATION &
DEFENSE FUND, INC.
2212 Sixth Street
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Plaintiffs

JOHN C. BEIERS
COUNTY COUNSEL (SBN 144282)
BY: AIMEE B. ARMSBY, DEPUTY (SBN 226967)
Hall of Justice and Records
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Ravenswood City School
District and Related Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EMMA C.,

3:96-cv-04179-TEH

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v.

Plaintiffs, JOINT STIPULATION RE STANDARDS
OF MEASUREMENT RELATED TO
CURRICULUM-BASED ASSESSMENTS

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Judge:
DELAINE EASTIN, ET AL.,

The Honorable Thelton E.
Henderson

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Defendants.
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Joint Stipulation Re. Standards of Measurement Related to Curriculum-Based Assessments (3:96-cv-04179-TEH)

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On March 30, 2015, the California Department of Education (CDE) filed a request with the

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Court for an evidentiary hearing to define the standards of measurement used to determine

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compliance for RSIP items 6.2.1(l) and 9.2.1(j) and (k). Court Docket (CD) No. 2032. The Court

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denied CDE’s request for an evidentiary hearing, but “agree[d] that it would be helpful to develop

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an operational definition of a ‘curriculum-based assessment’ in order to ensure that Defendants

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are provided fair notice of what is required to comply with these RSIP items.” CD No. 2034.

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The Court thus ordered the parties to file a joint stipulation or, absent agreement, separate

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statements to address the appropriate definition or standards of measurement for these RSIP

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items. Id. The parties, by and through their attorneys, now stipulate to the following:

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For purposes of RSIP items 6.2.1(l) and 9.2.1(j) and (k), “[t]he term curriculum-based

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assessment (CBA) means simply measurement that uses ‘direct observation and

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recording of a student’s performance in the local curriculum as a basis for gathering

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information to make instructional decisions.” J.C. Witt, et al., Assessment of at-risk

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and special needs children (2nd ed. 1998), quoting S.L. Deno, Curriculum-based

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measurement. Teaching Exceptional Children at 41 (1987).

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Attached as Exhibit A to this stipulation is a list of curriculum-based assessments

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used by the Ravenswood City School District for the 2014-15 school year. When

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measuring whether the District has met the requirements in RSIP items 6.2.1(l) and

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9.2.1(j) and (k), the Monitor will deem any assessment from Exhibit A to be a

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compliant curriculum-based assessment, with the exception of teacher-created

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assessments. If the District wishes to use a teacher-created assessment for a

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particular student or group of students, the District will submit that assessment

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instrument to the Monitor. 1

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Teacher-created assessments may be considered to be compliant curriculum-based
assessments for some students, including but not limited to students with significant intellectual
disabilities. The parties and the Monitor acknowledge that providing an appropriate curriculumbased assessment may be difficult, or even inapplicable, for some students. The District will
work closely with the Monitor to ensure that teacher-created assessments provided to such
students will not be deemed noncompliant.
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Joint Stipulation Re. Standards of Measurement Related to Curriculum-Based Assessments (3:96-cv-04179-TEH)

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If there are changes to the list of curriculum-based assessments used by the District,

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the District will submit an updated list to the Monitor and the parties. The updated

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list will have the same force and effect as the list that it replaces.

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For purposes of RSIP items 6.2.1(l) and 9.2.1(j) and (k), the “California curriculum

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framework” is the Common Core State Standards.

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For purposes of RSIP items 6.2.1(l) and 9.2.1(j) and (k), “each curricular area”

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includes only math, reading, and/or writing, as appropriate. 2

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For purposes of RSIP items 6.2.1(l) and 9.2.1(j) and (k), a curriculum-based

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assessment is not required for preschool students and students for whom the

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assessment does not pertain to academic performance (e.g., a “speech-only”

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assessment).

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The District has conducted training to ensure that its staff use curriculum-based

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assessments deemed compliant for purposes of RSIP items 6.2.1(l) and 9.2.1(j) and

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(k). The District expects that this training will dramatically improve the results for

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these RSIP items.

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Per the Monitor, curriculum-based assessments are one of the methods through which a
student’s area of need is determined. The Monitor expects curriculum-based assessments in
reading and math for all students with academic needs, and in writing for students with that need.
In addition, there have been occasions where an area of need is not identified by the District, but a
curriculum-based assessment is required because it is clear to the Monitor that the student has that
need (for example, by the student not meeting an IEP goal in that area the prior year).
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Joint Stipulation Re. Standards of Measurement Related to Curriculum-Based Assessments (3:96-cv-04179-TEH)

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IT IS SO STIPULATED.

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DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC.

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By:

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/s/ Larisa M. Cummings
Larisa M. Cummings
Attorneys for Plaintiffs

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YOUTH AND EDUCATION LAW PROJECT

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By:

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/s/ William S. Koski
William S. Koski
Attorneys for Plaintiffs

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COUNTY COUNSEL OF THE COUNTY OF SAN MATEO

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By:

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/s/ Aimee Armsby
Aimee Armsby
Deputy County Counsel
Attorneys for Ravenswood City School District and Related
Defendants

OFFICE OF THE ATTORNEY GENERAL

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/s/ R. Matthew Wise
R. Matthew Wise
Fermin Villegas
Deputy Attorneys General
Attorneys for Defendants Delaine Eastin, Superintendent
of Public Instruction, California Department of Education,
and California State Board of Education

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Joint Stipulation Re. Standards of Measurement Related to Curriculum-Based Assessments (3:96-cv-04179-TEH)