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<ns0:Id>20250SB__106799INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Weber Pierson</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthors: Assembly Members Elhawary, Jackson, Blanca Rubio, and Wilson)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Weber Pierson</ns0:Name>
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<ns0:Contribution>COAUTHOR</ns0:Contribution>
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<ns0:Name>Elhawary</ns0:Name>
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<ns0:Contribution>COAUTHOR</ns0:Contribution>
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<ns0:Name>Jackson</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Blanca Rubio</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Wilson</ns0:Name>
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<ns0:Title> An act to add Chapter 14 (commencing with Section 52985) to Part 28 of Division 4 of Title 2 of the Education Code, relating to pupil instruction.</ns0:Title>
<ns0:RelatingClause>pupil instruction</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Pupil instruction: math screenings.</ns0:Subject>
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<html:p>Existing law requires the State Board of Education, on or before January 31, 2024, to appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia, as specified. Existing law requires the governing board or body of a school district, county office of education, or charter school serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2025, one or more screening instruments from the approved list to assess pupils for risk of reading difficulties, as specified, and commencing no later than the 2025–26 school year, requires those local educational agencies to assess each pupil in kindergarten
and grades 1 and 2 for risk of reading difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency, as specified.</html:p>
<html:p>This bill would require the state board, on or before April 30, 2027, to appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for math difficulties. The bill would require that panel, on or before January 31, 2028, and at a regularly scheduled public meeting, to vote to approve a list of screening instruments pursuant to the review process and evaluation criteria that the state board would be required to establish. The bill would require the governing board or body of a local educational agency serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2028, one or more
screening instruments from the approved list to identify pupils experiencing math difficulties, as specified, and commencing no later than the 2028–29 school year, would require those local educational agencies to assess each pupil in kindergarten and grades 1 and 2 for math difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency unless the pupil’s parent or guardian opts out of the screening in writing, as provided. The bill would require those local educational agencies, on or before July 15, 2029, and on or before July 15 of each year thereafter, to report to the State Department of Education the number and percentage of pupils in each grade who have been identified as experiencing math difficulties through screening, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>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 the statutory provisions noted above.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_E309F36C-8504-4841-A902-FB953F9F241F">
<ns0:Num>SECTION 1.</ns0:Num>
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Chapter 14 (commencing with Section 52985) is added to Part 28 of Division 4 of Title 2 of the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawHeading type="CHAPTER" id="id_9D21B4CB-7615-4B69-A977-511DE93DB797">
<ns0:Num>14.</ns0:Num>
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<ns0:LawHeadingText>Screening For Math Difficulties</ns0:LawHeadingText>
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<ns0:Num>52985.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
California is facing a math crisis. Math is critical to a pupil’s success in school, the workforce, and long-term economic opportunity. Every pupil has the ability and the right to learn math. Yet in California, too many pupils, particularly those from low-income communities, are falling far behind in math, which is limiting their access to future pathways.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In 2025, just 37 percent of all California pupils in kindergarten and grades 1 to 12, inclusive, performed at grade level in math. Among historically underserved groups, the numbers are even more alarming with only 26 percent of low-income pupils, 20 percent
of Black pupils, and 26 percent of Latino pupils having performed at grade level. In 2024, the state ranked 43rd in 4th grade math achievement and had one of the country’s widest math achievement gaps between low-income pupils and their more affluent peers.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In order for California to significantly raise math achievement, the state must start by focusing on the early grades. Math learning is cumulative, and pupils who fall behind early rarely catch up on their own. Research shows that pupils with low 3rd grade math achievement are very likely to have low middle- and high-school math achievement. They are also significantly less likely to take advanced coursework, graduate from high school, or attend college.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Universal screening in the early grades for math difficulties, when paired with timely and evidence-based early intervention is a proven strategy to improve student
achievement. Multiple rigorous studies, including randomized controlled trials of math interventions, have found that pupils who are identified early and provided with targeted support can make meaningful and lasting gains.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In recent years, a growing number of states have included universal screening and support in their broader strategies to raise math achievement, and several of those states are starting to see meaningful results. California recently adopted universal early literacy screening to identify pupils at risk for reading difficulties. A comparable early identification and intervention approach in math would help California’s pupils develop the skills needed to succeed in math, school, and life.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to provide funding for purposes of this chapter.
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<ns0:LawSection id="id_B735FCDE-8B18-42B9-AA68-D6E4DB0789DA">
<ns0:Num>52986.</ns0:Num>
<ns0:LawSectionVersion id="id_FFB4E6B6-3854-4381-81F5-694794DD057D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before April 30, 2027, the state board shall appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for math difficulties pursuant to this section. The state board shall not appoint any person to the panel of experts with a financial interest in the screening instruments under consideration. The state board shall establish a review process, including how screening instruments will be evaluated against the criteria specified in subdivision (c), for the panel to use to evaluate and approve screening instruments. This subdivision does not prohibit the state board from periodically reconstituting this expert
panel or updating the review process, nor does it prohibit the expert panel from periodically amending the list of screening instruments described in subdivision (b) at the request of the state board.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The work of the panel of experts appointed by the state board pursuant to subdivision (a) is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and all meetings of the panel are subject to the Bagley-Keene Open Meeting Act.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before January 31, 2028, the panel of experts appointed by the state board shall, at a regularly scheduled public meeting, vote to approve a list of screening instruments pursuant to the review process and evaluation criteria established by the state board pursuant to subdivision (a). The list shall include screening
instruments that are developed both for English-speaking pupils and for non-English-speaking pupils, in languages reflecting the primary languages of pupils in the state, to the extent assessments in those languages are available. The panel of experts shall consider the time required to conduct each screening with the goal of minimizing the impact on instructional time as well as the timeliness of each instrument in reporting results to teachers, administrators, and parents. The panel of experts shall also collect information about the appropriate administration of each screening instrument, including the appropriate grade or grades for administration of each screening instrument.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To support the adoption of high-quality screening instruments that minimize the overidentification or underidentification of pupils’ math difficulties, and offer meaningful information for followup, the state board shall consider the extent to which a screening
instrument addresses the following factors when adopting evaluation criteria pursuant to subdivision (a):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Use of direct measurement, supplemented by other pupil data, to determine if a pupil is experiencing math difficulties.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Measurement of foundational math skills appropriate to the respective grade level, including, but not limited to, organizing and counting with numbers, comparing and ordering numbers, and learning to add and subtract, using numbers flexibly.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Evidence that the tool is normed and validated using a contemporary multicultural and multilanguage sample of pupils, with outcome data for pupils whose home language is a language other than English as well as those who are native English speakers.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Integration of relevant pupil
demographic information, such as home language, English language fluency, and access to prekindergarten education, to more fully understand a pupil’s performance.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Guidance and resources for educators regarding how to administer screening instruments, interpret results, explain results to families, including in pupils’ primary languages, and determine further educational strategies, assessments, diagnostics, and interventions that should be considered and that are specific to each type of pupil result. Guidance and resources provided pursuant to this paragraph shall be informed by the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve and the knowledge of effective interventions for the specific needs of individual pupils, and shall reflect a tiered interventions model aligned with the Multi-Tiered Systems of Support.
</html:p>
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<ns0:LawSection id="id_E55C6E7C-D569-46BE-A68E-A6855FED45F0">
<ns0:Num>52987.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before June 30, 2028, the governing board or body of a local educational agency serving pupils in kindergarten or grades 1 or 2 shall adopt, at a public meeting, one or more screening instruments from the list adopted pursuant to subdivision (b) Section 52986 to identify pupils experiencing math difficulties pursuant to this chapter. The screening instrument or instruments adopted shall provide assessments for both English-speaking pupils and non-English-speaking pupils, in languages reflecting the primary languages of pupils in the local educational agency, to the extent assessments in those languages are available.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Commencing no later than the 2028–29 school year, and annually thereafter, a local educational agency serving
pupils in kindergarten or grades 1 or 2 shall assess each pupil in kindergarten and grades 1 and 2 for math difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency pursuant to subdivision (a), unless the pupil’s parent or guardian opts out of the screening in writing. A local educational agency shall conduct screenings early in the school year to allow time for pupils to receive appropriate intervention. This section does not restrict local educational agencies from providing additional pupil screenings or diagnostic evaluations, as appropriate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a pupil enrolls for the first time in kindergarten or grades 1 or 2 after the screening instrument or instruments have been administered to all pupils in the given grade in that school year pursuant to subdivision (b), the local educational agency shall assess the pupil using the screening instrument or instruments adopted
by the governing board or body of the local educational agency pursuant to subdivision (b) within 45 calendar days of enrollment, unless the pupil’s parent or guardian opts out of the screening in writing, or unless the parent or guardian provides documentation or the local educational agency has documentation that the pupil has had a similar screening in their prior school for their current grade and the parent or guardian was made aware of the results.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Assessments administered pursuant to this section shall not be considered an evaluation or diagnostic tool to establish eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or an evaluation to determine eligibility for a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). However, assessments administered pursuant to this section shall not be used to
delay the child find process required under the federal Individuals with Disabilities Education Act. Additionally, assessments administered pursuant to this section may be used by a local educational agency to recommend that a pupil receive further assessment and evaluation to establish eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act, or to determine eligibility for a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Pupils who do not speak sufficient English to be screened with an English language instrument shall be screened pursuant to this section in their primary language if a screening instrument in their primary language approved pursuant to subdivision (b) of Section 52986 is available. If a screening instrument is not available in at least one language in which a pupil is proficient, before the pupil can be screened, the pupil’s
foundational math skills shall be evaluated through an analysis of the pupil’s developmental history, educational history, and math progress, taking into account the pupil’s home background and evolving English language abilities. Components of screening instruments that do not require English language proficiency may be used in this evaluation. When a pupil acquires sufficient English language knowledge and fluency to be able to be assessed using a screening instrument pursuant to this section, or if a screening instrument in their primary language becomes available, the local educational agency shall assess that pupil using the appropriate screening instrument.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A local educational agency may elect to not screen a pupil pursuant to the requirements of this section if the local educational agency receives the prior written consent of the parent or guardian and any of the following criteria are satisfied:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The pupil has a current identification or diagnosis of dyscalculia or other disability.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The pupil is eligible for special education and related services pursuant to the federal Individuals with Disabilities Education Act or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The pupil is in the process of being assessed for eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, and the pupil is being evaluated with diagnostic assessments that make screening pursuant to this section redundant.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A local educational agency shall provide parents or guardians of pupils eligible for
screening pursuant to this section with information about the screening, including the date or dates of the screening and instructions for how parents or guardians can opt out of the screening on behalf of their child, no later than 15 calendar days before the administration of the screening instrument or instruments. A local educational agency is encouraged to provide information about screening pursuant to this section with other back-to-school materials at the beginning of the school year.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Pupil results from assessments administered pursuant to this section shall be made available to the pupil’s parent or guardian in a timely manner, but no more than 30 calendar days from the date the assessment was administered. These results shall include information about how to interpret the results, as well as the next steps pursuant to subdivision (i), if applicable.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Screening
results shall be used to identify pupils experiencing math difficulties, not as a diagnosis of a disability. Results from a screening instrument shall be used as part of a broader process that further evaluates pupil needs and progress, identifies supports for classroom instruction, enables targeted individual intervention as needed, and allows for further diagnosis if concerns do not resolve. Accordingly, if a pupil is identified as experiencing math difficulties after being screened pursuant to this section, the local educational agency shall provide the pupil with supports and services, appropriate to the specific challenges identified by the screening instrument and other pertinent information about the pupil, that may include, among other supports and services, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Evidence-based math instruction focused on the pupil’s specific needs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Progress
monitoring.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Early intervention.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
One-on-one or small group tutoring.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Further evaluation or diagnostic assessment, if needed.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Results of an assessment administered pursuant to this section shall not be used for any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, or identification as an individual with exceptional needs.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
On or before July 15, 2029, and on or before July 15 of each year thereafter, local educational agencies shall report to the department the number and percentage of pupils in each grade who have been identified
as experiencing math difficulties through screening required pursuant to this section and disaggregated by pupil group.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Notifications to parents or guardians provided pursuant to this section shall comply with the translation requirements set forth in Section 48985.
</html:p>
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<ns0:LawSection id="id_1DDA23D2-4FA8-4CEC-8965-9D0871C24378">
<ns0:Num>52988.</ns0:Num>
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<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Local educational agency” means a school district, county office of education, or charter school.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Math difficulties” means not demonstrating the foundational math skills needed at the respective grade level, including, but not limited to, number sense in kindergarten and grades 1 and 2, as described in the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, the ability to organize and count with numbers, compare and order
numbers, and learning to add and subtract, using numbers flexibly.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Screening instrument” means a brief tool administered by an appropriately trained school employee, including, but not limited to, a certificated teacher of record, measuring discrete areas to identify pupils experiencing math difficulties.
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<ns0:Num>SEC. 2.</ns0:Num>
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<html:p>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.</html:p>
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