AMENDED IN ASSEMBLY AUGUST 17, 2026
AMENDED IN ASSEMBLY JULY 2, 2026
AMENDED IN ASSEMBLY JUNE 22, 2026
AMENDED IN SENATE APRIL 8, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
95
Introduced by Senator Weber Pierson
(Coauthors: Senators Allen, Cabaldon, Durazo, Grayson, Niello, Ochoa Bogh, Rubio, Stern, and Wahab)
February 13, 2026
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.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
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.
This bill would, on or before July 31, 2027, require the state board to approve and the State Department of Education to post on its internet website criteria and guidance for selecting evidence-based, culturally, linguistically, and developmentally appropriate mathematics diagnostic assessments for pupils in kindergarten and grades 1 and 2 to assess pupils’ mathematics knowledge and learning needs and identify pupils in need of additional support. The bill would require the department, on or before January 31, 2028, to (1) adopt diagnostic assessments pursuant to the criteria,
(2) develop and publish on its internet website a list of those adopted assessments, approved diagnostic assessments that meet the criteria, and (3) (2) post on its internet website additional guidance to assist local educational agencies in selecting diagnostic assessments from the approved list, as provided. The bill would require the list to include diagnostic assessments that are developed for both English learners and non-English learners, as provided. The bill would require the state board and the department to solicit stakeholder input when developing the criteria, guidance, and list of diagnostic assessments pursuant
to these provisions and to allow for public comment. The bill would authorize the department to periodically update the list of approved assessments.
The bill would require 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, 2028, one or more diagnostic assessments from the adopted published list of approved diagnostic assessments to assess pupils’ mathematics knowledge and learning needs. The bill would authorize a local educational agency to satisfy this requirement by using a diagnostic assessment that is not on the adopted
published list if the governing board or body self-certifies that the assessment tool meets the above-described criteria. The bill, 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 mathematics knowledge using the diagnostic assessment or assessments adopted by the governing board or body of the local educational agency. The bill would require a local educational agency to provide parents or guardians of pupils eligible for assessment with information about the assessment and to make pupil results available to parents or guardians, as required by the state board, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would require the department, by June 30, 2027,
April 30, 2028, to curate and maintain on its internet website guidance and resources on evidence-based support, intervention, and instruction instructional strategies aligned with the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve.
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 the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Chapter 14 (commencing with Section 52985) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read:
Chapter 14. Assessing Pupils’ Math Knowledge in Kindergarten and Grades 1 and 2
(a) The Legislature finds and declares all of the following:
(1) 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.
(2) In order for California to significantly raise math achievement, the state must begin by focusing on the early grades and devote continuing attention in subsequent 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.
(3) Universal diagnostic Diagnostic assessments in the early grades that measure math knowledge and learning needs, when paired with timely and evidence-based early intervention, is a proven strategy to improve student pupil
achievement. Multiple rigorous studies, including randomized controlled trials of math interventions, have found that pupils who are identified early and provided with targeted support, and continuing attention throughout subsequent grades, can make meaningful and lasting gains.
(4) In recent years, a growing number of states have included universal assessment 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 assessment to identify pupils at risk for reading difficulties. A comparable While learning math presents distinct instructional and
assessment considerations, an early identification and intervention approach in math would help California’s pupils develop the skills needed to succeed in math, school, and life.
(b) It is the intent of the Legislature to provide funding for purposes of this chapter.
(a) On or before July 31, 2027, the state board shall approve and the department shall post on its internet website criteria and guidance for selecting evidence-based, culturally, linguistically, and developmentally appropriate mathematics diagnostic assessments for pupils in kindergarten and grades 1 and 2 to assess pupils’ mathematics knowledge and learning needs and identify pupils in need of additional support pursuant to this section. The criteria adopted approved by the state board shall include guidance for how assessments will be evaluated against the
criteria specified in subdivision (b).
(b) for purposes of developing the list of diagnostic assessments pursuant to this section.
(b) To support the adoption of high-quality diagnostic assessments that offer meaningful information about the pupil’s mathematics knowledge and learning needs, the state board shall consider the extent to which an assessment addresses the following factors when adopting criteria pursuant to subdivision (a):
(1) Measurement of foundational math skills appropriate to the respective grade level, as outlined in the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve.
(2) Evidence that the tool is normed and has been 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.
(3) Integration of relevant pupil demographic information, such as home language, English language proficiency, and access to prekindergarten education, to more fully understand a pupil’s performance.
(4) Guidance and resources for educators regarding how to administer diagnostic assessments, interpret results, identify pupils in need of additional support, explain results to families, including in pupils’ primary languages, and determine further educational strategies, assessments, 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.
(c) The state board and the department shall solicit stakeholder input when developing the criteria, guidance, and list of diagnostic assessments pursuant to this section and shall allow for public comment.
(d) The state board may, at their discretion, adopt grade-specific criteria for diagnostic assessments to accommodate differing needs and expectations for pupils in kindergarten and grades 1 and 2.
(e) On or before January 31, 2028, the department shall adopt publish on its internet website a list of approved diagnostic assessments pursuant to that meet the evaluation criteria established by the state board pursuant to subdivision (a) and shall develop and publish on its internet website a list of those adopted assessments. (a). The list shall include assessment tools that are developed
for both
English learners and non-English learners, in languages reflecting the primary languages of pupils in the state, to the extent assessments in those languages are available. The department shall also collect and publish information
about the appropriate administration of each assessment, including the appropriate languages and grade or grades for administration of each assessment. The department may update the list of approved assessments periodically, as appropriate.
(f) On or before January 31, 2028, the department shall post on its internet website additional guidance to assist local educational agencies in selecting diagnostic assessments from the approved list. The guidance shall include, but not be limited to, how local educational agencies may weigh the following factors:
(1) The time it takes to complete the assessment and whether the assessment can be incorporated into regular classroom instruction time.
(2) The time it takes for assessment results to become available to educators.
(3) (A) The availability of digital and nondigital assessments.
(B) For digital assessments, the data privacy protections that are in place.
(4) The ability of the assessment to accommodate pupils with exceptional needs.
(a) 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 diagnostic assessments from the list adopted published pursuant to subdivision (e) of Section 52986 to assess pupils’ mathematics knowledge and learning needs pursuant to this chapter. The diagnostic assessment or assessments adopted shall provide assessments for both English learners and non-English learners in languages reflecting the primary languages of pupils in
the local educational agency, to the extent assessments in those languages are available.
(b) (1) A local educational agency may satisfy the requirements of this section by using a diagnostic assessment, including a kindergarten readiness assessment, that is not on the list developed published pursuant to subdivision (e) of Section 52986 if the governing board or body of the local educational agency self-certifies that the assessment tool meets all of the criteria delineated in subdivisions (a) and (b) of Section 52986.
(2) A self-certification made pursuant to paragraph (1) shall include, at a minimum, findings by the governing board or body of the local educational agency that the diagnostic assessment has been validated to assess pupils’ mathematics knowledge in the grade or grades in which the diagnostic assessment will be administered, and that the assessment meets all of the criteria delineated in subdivisions (a) and (b) of Section 52986. Self-certification shall be reported to the department on or before July 15, 2029, in a form and manner to be determined by the department.
(c) 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 mathematics knowledge using a diagnostic assessment adopted by the governing board or body of the local educational agency pursuant to subdivision (a). For pupils in kindergarten, a kindergarten readiness assessment may satisfy the requirements of this subdivision if the assessment meets the criteria established by the state board pursuant to this chapter.
(d) The requirement to assess all pupils in kindergarten and grades 1 and 2 shall include pupils who enroll after the diagnostic assessment or assessments have been administered for other pupils.
(e) 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.
(f) Pupils who do not speak sufficient English to be assessed with
an English language assessment shall be assessed pursuant to this section in their primary language if a diagnostic assessment in their primary language adopted on the list published pursuant to subdivision (e) of Section 52986 is available. If a diagnostic assessment is not available in at least one language in which a pupil is proficient, before the pupil can be assessed, the pupil’s foundational math skills shall be evaluated through an analysis of the pupil’s developmental history, educational history, and mathematics progress, taking into account the pupil’s home background and evolving English language proficiency. Components of diagnostic assessments that do not require English language proficiency may be used in this evaluation.
When a pupil acquires sufficient English language proficiency to be able to be assessed using a diagnostic assessment pursuant to this section, or if a diagnostic assessment in their primary language becomes available, the local educational agency shall assess that pupil using the appropriate assessment.
(g) A local educational agency may elect to not assess 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:
(1) The pupil has a current identification or diagnosis of dyscalculia or other disability.
(2) 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.
(3) 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 other diagnostic assessments that make assessment pursuant to this section redundant.
(4) The pupil does not have sufficient proficiency in the language of the assessment to be validly assessed.
(h) A local educational agency shall provide parents or guardians of pupils eligible for assessment pursuant to this section with information about the assessment. A local educational agency is encouraged to provide information about assessment pursuant to this section with other back-to-school materials at the beginning of the school year.
(i) Pupil results from assessments administered pursuant to this section shall be made available to the pupil’s parent or guardian in a timely manner, along with information about how to interpret the results, notification when a pupil has been identified as needing additional support, and any planned additional instructional supports and interventions, consistent with subdivision (o). interventions.
(j) Assessment results shall be used to assess pupils’ mathematics knowledge and identify pupils who need additional support, not as a diagnosis of a disability. Results from a diagnostic assessment 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 the results of the assessment administered pursuant to this section indicate that a pupil may benefit from additional instructional support or intervention, the local educational agency shall provide the pupil with supports and services, appropriate to the specific challenges identified by the diagnostic assessment and other pertinent information about the pupil, that may include, among other supports and services, any of the following:
(1) Evidence-based math instruction focused on the pupil’s specific needs.
(2) Progress monitoring.
(3) Early intervention, including targeted small-group instruction or supports provided through the Multi-Tiered System of Supports.
(4) One-on-one or small group tutoring.
(5) Further evaluation or diagnostic assessment, if needed.
(k) Local educational agencies are encouraged to leverage existing state investments, including the Multi-Tiered System of Supports, mathematics coaching, professional learning opportunities, the Expanded Learning Opportunities Program established pursuant to Section 46120, and other resources to support pupils identified through assessments administered pursuant to this section.
(l) 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.
(m) Notifications to parents or guardians provided pursuant to this section shall comply with the translation requirements set forth in Section 48985.
(n) Local educational agencies are encouraged to use local assessments, statewide assessment data and formative assessment tools, and other measures of pupil progress to monitor pupils’ mathematics achievement and provide appropriate support to pupils throughout elementary, middle, and high school.
(o) On or before July 31, 2028, the state board shall determine (1) the information and process by which local educational agencies shall notify the department and parents or guardians of assessment use and results, including information on pupil performance and supports supports, and (2) the information the department shall
may make available to the public.
(p) By June 30, 2027, April 30, 2028, the department shall curate and maintain on its internet website guidance and resources on evidence-based support and intervention and Tier 1 instructional strategies aligned with the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve.
For purposes of this chapter, the following definitions apply:
(a) “Assessment” or “diagnostic assessment” means a tool used to identify pupils’ specific knowledge, skills, strengths, and learning gaps to inform instruction and supports, administered by an appropriately trained school employee, including, but not limited to, a certificated teacher of record, and may include a kindergarten readiness assessment.
(b) “Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000.
(c) “Local educational agency” means a school district, county office of education, or charter school.
SEC. 2.
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.