BILL NUMBER: AB 1609 CHAPTERED 10/11/01 CHAPTER 716 FILED WITH SECRETARY OF STATE OCTOBER 11, 2001 APPROVED BY GOVERNOR OCTOBER 10, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 PASSED THE ASSEMBLY JUNE 4, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 INTRODUCED BY Assembly Member Calderon FEBRUARY 23, 2001 An act to amend Section 60851 of, and to add Sections 60857 and 60859 to, the Education Code, relating to pupil testing. LEGISLATIVE COUNSEL'S DIGEST AB 1609, Calderon. High school exit examination. Existing law requires that the Superintendent of Public Instruction, with the approval of the State Board of Education, develop a high school exit examination in language arts and mathematics in accordance with the statewide academically rigorous content standards. Existing law requires, commencing with the 2003-04 school year, each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Under existing law, a pupil may take the high school exit examination in grade 9 beginning in the 2000-01 school year. This bill would, instead, limit pupils in grade 9 to taking the high school exit examination in the 2000-01 school year. The bill would require the Superintendent of Public Instruction to contract for an independent study to determine the state's readiness to require successful passage of the high school exit examination as a condition of receiving a diploma of graduation and a condition of graduation from high school, subject to approval by the State Board of Education regarding the scope of work and the final contract for the independent study. The bill would require that a final report based on the study be delivered to the Governor, Legislature, State Board of Education, and Superintendent of Public Instruction on or before May 1, 2003. The bill would authorize the State Board of Education, on or before August 1, 2003, to delay the date upon which each pupil completing grade 12 is required to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 60851 of the Education Code is amended to read: 60851. (a) Commencing with the 2003-04 school year and each school year thereafter, each pupil completing grade 12 shall successfully pass the exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Funding for the administration of the exit examination shall be provided for in the annual Budget Act. The Superintendent of Public Instruction shall apportion funds appropriated for this purpose to enable school districts to meet the requirements of subdivisions (a), (b), and (c). The State Board of Education shall establish the amount of funding to be apportioned per test administered, based on a review of the cost per test. (b) A pupil may take the high school exit examination in grade 9 in the 2000-01 school year only. Each pupil shall take the high school exit examination in grade 10 beginning in the 2001-02 school year and may take the examination during each subsequent administration, until each section of the examination has been passed. (c) The exit examination shall be offered in each public school and state special school that provides instruction in grades 10, 11, or 12, on the dates designated by the Superintendent of Public Instruction. An exit examination may not be administered on any date other than those designated by the Superintendent of Public Instruction as examination days or makeup days. (d) The results of the exit examination shall be provided to each pupil taking the examination within eight weeks of the examination administration and in time for the pupil to take any section of the examination not passed at the next administration. A pupil shall take again only those parts of the examination he or she has not previously passed and may not retake any portion of the exam that he or she has previously passed. (e) Supplemental instruction shall be provided to any pupil who does not demonstrate sufficient progress toward passing the exit examination. To the extent that school districts have aligned their curriculum with the state academic content standards adopted by the State Board of Education, the curriculum for supplemental instruction shall reflect those standards and shall be designed to assist the pupils to succeed on the exit examination. Nothing in this chapter shall be construed to require the provision of supplemental services using resources that are not regularly available to a school or school district, including summer school instruction provided pursuant to Section 37252. In no event shall any action taken as a result of this subdivision cause or require reimbursement by the Commission on State Mandates. Sufficient progress shall be determined on the basis of either of the following: (1) The results of the assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and the minimum levels of proficiency recommended by the State Board of Education pursuant to Section 60648. (2) The pupils' grades and other indicators of academic achievement designated by the district. SEC. 2. Section 60857 is added to the Education Code, to read: 60857. (a) The State Department of Education, with the approval of the State Board of Education, shall contract for an independent study regarding the requirement of passage of the high school exit examination as a condition of receiving a diploma of graduation and a condition of graduation from high school. A final report based on the study shall be delivered to the Governor, the chairs of the education policy committees in the Legislature, the State Board of Education, and the Superintendent of Public Instruction, on or before May 1, 2003. (b) The scope of work and the final contract for the independent study required pursuant to this section shall be approved by the State Board of Education. The study shall include, but not be limited to, examination of whether the test development process and the implementation of standards-based instruction meet the required standards for a test of this nature. (c) Funding for the independent study required by this section shall be provided for in the annual Budget Act. SEC. 3. Section 60859 is added to the Education Code, to read: 60859. (a) Notwithstanding any provision of law to the contrary, on or before August 1, 2003, the State Board of Education may delay the date upon which each pupil completing grade 12 is required to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school to a date other than the 2003-04 school year if, in reviewing the report of the independent study, the State Board of Education determines that the test development process or the implementation of standards-based instruction does not meet the required standards for a test of this nature. (b) After August 1, 2003, the State Board of Education may not delay the date upon which each pupil completing grade 12 is required to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school.