BILL NUMBER: AB 347	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 14, 2007

    An act to add Section 60854 to the Education Code,
relating to pupil assessment.   An act to amend Sections
33126, 35186, 37254, 52378, and 52380 of the   Education
Code, relating to pupil instruction. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 347, as amended, Nava.  Pupil assessment  
Pupils  : high school exit examination  : intensive
instruction and services  . 
    Existing 
    (1)     Existing  law requires 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. 
   Existing law provides specified funding for eligible pupils, as
defined, who are required to pass the high school exit examination,
to be used for intensive instruction and services for those pupils,
and provides for the allocation of those funds, based on a per pupil
rate calculation, to schools. As a condition of receiving funding, a
school district is required to accomplish certain matters, including,
among other things, ensure that each eligible pupil receives an
appropriate diagnostic assessment to identify that pupil's areas of
need.  
   This bill, among other things, would revise the definition of
"eligible pupil" to include pupils who have not passed one or both
parts of the high school exit examination within 2 consecutive
academic years of completion of grade 12, revise the calculation for
determining the per pupil rate for purposes of funding, require a
school district to accomplish additional matters relating to pupils
who have not passed one or both parts of the exit examination by the
end of grade 12, and require the State Department of Education to use
a certain existing monitoring process to monitor compliance with the
requirement to permit pupils who have not passed one or both parts
of the exit examination by the end of grade 12 to be provided with
intensive instruction and services, and to provide written
notification to a school district that fails to comply with certain
provisions.  
   (2) The Classroom Instructional Improvement and Accountability Act
requires the governing board of each school maintaining an
elementary or secondary school to develop and cause to be implemented
for each school in the district a school accountability report card
that includes assessments of various school conditions, as specified.
The existing act prohibits any change to its provisions, except a
change to further its purposes enacted by a bill passed by a vote of
2/3 of the Legislature and signed by the Governor. 
   This bill also would require the report card to include an
assessment of the availability of high school exit examination
intensive instruction and services for pupils who have not graduated
due to not passing the exit examination, the number of pupils
eligible for this intensive instruction and services, and the number
of pupils who have taken this intensive instruction and services
between July 1 and June 30 of the preceding school year, thereby
imposing a state-mandated local program. The bill would state
legislative findings and declarations that the changes made to the
existing act by those provisions further the purposes of the existing
act.  
   (3) Existing law requires a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to instructional materials, emergency or urgent facilities
conditions that pose a threat to the health and safety of pupils or
staff, and teacher vacancy or misassignment. A notice regarding the
appropriate subjects of a complaint is required to be posted in each
classroom in each school in the school district and a complaint
regarding those deficiencies is required to be filed with the
principal of the school or his or her designee.  
   This bill also would require a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to intensive instruction and services provided to pupils who
have not passed one or both parts of the high school exit examination
after the completion of grade 12. The bill would also require the
notice to include certain information about the entitlement to
receive the intensive instruction and services, and would require a
complaint regarding any deficiency related to intensive instruction
and services to be submitted to the district official designated by
the district superintendent. By imposing additional duties on school
districts, this bill would impose a state-mandated local program.
 
   (4) Existing law establishes the Middle and High School
Supplemental Counseling Program and requires the governing board of a
school district that maintains any of grades 7 to 12, inclusive, as
a condition of receiving funds appropriated for purposes of that
program, to adopt a counseling program at a public meeting that
includes, among other things, a provision for a counselor to meet
with each pupil, as specified, to explain the academic and deportment
records of the pupil, his or her educational options, the coursework
and academic progress needed for satisfactory completion of middle
or high school, passage of the high school exit examination, and the
availability of career technical education. In addition to these
counseling services, a school district is required to identify
certain pupils, such as those at risk of not graduating with the rest
of their class, and to require its schools to provide certain
assistance in developing a list of coursework and experience. As a
further condition of receipt of funds, a school district is required
to submit an annual report that describes certain matters, including
the number and percentage of pupils who participated in conferences
and who fail to pass one or both sections of the exit examination.
 
   This bill also would require the counselor to explain the
availability of intensive instruction and services options for up to
2 consecutive academic years after the completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first, for those pupils who have not
passed one or both parts of the exit examination by the end of grade
12. The bill also would require a school district, for the identified
pupils, to inform a pupil who has not passed one or both parts of
the high school exit examination of the option of intensive
instruction and services. The bill would require the report to also
contain an assurance that the school district has complied with the
provision that requires a school counselor to apprise a pupil of
certain information during an individual conference.  
   (5) This bill would make other technical, nonsubstantive changes
to existing law.  
   (6) 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 these
statutory provisions.  
   This bill would authorize a school district to provide certain
assistance to pupils who have not passed the high school exit
examination by the end of grade 12 in order for them to receive the
necessary support to achieve proficiency in passing the exit
examination. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 33126 of the  
Education Code   is amended to read: 
   33126.  (a) The school accountability report card shall provide
data by which a parent can make meaningful comparisons between public
schools that will enable him or her to make informed decisions on
which school to enroll his or her children.
   (b) The school accountability report card shall include, but is
not limited to, assessment of the following school conditions:
   (1) (A) Pupil achievement by grade level, as measured by the
standardized testing and reporting programs pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33.
   (B) Pupil achievement in and progress toward meeting reading,
writing, arithmetic, and other academic goals, including results by
grade level from the assessment tool used by the school district
using percentiles when available for the most recent three-year
period.
   (C) After the state develops a statewide assessment system
pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6
(commencing with Section 60800) of Part 33, pupil achievement by
grade level, as measured by the results of the statewide assessment.
   (D) Secondary schools with high school seniors shall list both the
average verbal and math Scholastic Assessment Test scores to the
extent provided to the school and the percentage of seniors taking
that exam for the most recent three-year period.
   (2) Progress toward reducing dropout rates, including the one-year
dropout rate listed in the California Basic  Education
  Educational  Data System or any successor data
system for the schoolsite over the most recent three-year period, and
the graduation rate, as defined by the State Board  of
Education  , over the most recent three-year period when
available pursuant to Section 52052.
   (3) Estimated expenditures per pupil and types of services funded.
The assessment of estimated expenditures per pupil shall reflect the
actual salaries of personnel assigned to the schoolsite. The
assessment of estimated expenditures per pupil shall be reported in
total, shall be reported in subtotal by restricted and by
unrestricted source, and shall include a reporting of the average of
actual salaries paid to certificated instructional personnel at that
schoolsite.
   (4) Progress toward reducing class sizes and teaching loads,
including the distribution of class sizes at the schoolsite by grade
level, the average class size, and, if applicable, the percentage of
pupils in kindergarten and grades 1 to 3, inclusive, participating in
the Class Size Reduction Program established pursuant to Chapter
6.10 (commencing with Section 52120) of Part 28, using California
Basic  Education   Educational  Data System
or any successor data system information for the most recent
three-year period.
   (5) The total number of the school's fully credentialed teachers,
the number of teachers relying upon emergency credentials, the number
of teachers working without credentials, any assignment of teachers
outside their subject areas of competence, misassignments, including
misassignments of teachers of English learners, and the number of
vacant teacher positions for the most recent three-year period.
   (A) For purposes of this paragraph, "vacant teacher position"
means a position to which a single-designated certificated employee
has not been assigned at the beginning of the year for an entire year
or, if the position is for a one-semester course, a position of
which a single-designated certificated employee has not been assigned
at the beginning of a semester for an entire semester.
   (B) For purposes of this paragraph, "misassignment" means the
placement of a certificated employee in a teaching or services
position for which the employee does not hold a legally recognized
certificate or credential or the placement of a certificated employee
in a teaching or services position that the employee is not
otherwise authorized by statute to hold.
   (6) (A) Quality and currency of textbooks and other instructional
materials, including whether textbooks and other materials meet state
standards and are adopted by the State Board  of Education
 for kindergarten and grades 1 to 8, inclusive, and adopted
by the governing boards of school districts for grades 9 to 12,
inclusive, and the ratio of textbooks per pupil and the year the
textbooks were adopted.
   (B) The availability of sufficient textbooks and other
instructional materials, as defined in Section 60119, for each pupil,
including English learners, in each of areas enumerated in clauses
(i) to (iii), inclusive. If the governing board determines, pursuant
to Section 60119 that there are insufficient textbooks or
instructional materials, or both, it shall include information for
each school in which an insufficiency exists, identifying the
percentage of pupils who lack sufficient standards-aligned textbooks
or instructional materials in each subject area. The subject areas to
be included are all of the following:
   (i) The core curriculum areas of reading/language arts,
mathematics, science, and history/social science.
   (ii) Foreign language and health.
   (iii) Science laboratory equipment for grades 9 to 12, inclusive,
as appropriate.
   (7) The availability of qualified personnel to provide counseling
and other pupil support services, including the ratio of academic
counselors per pupil.
   (8) Availability of qualified substitute teachers.
   (9) Safety, cleanliness, and adequacy of school facilities,
including any needed maintenance to ensure good repair as specified
in Section 17014, Section 17032.5, subdivision (a) of Section
17070.75, and subdivision (b) of Section 17089.
   (10) Adequacy of teacher evaluations and opportunities for
professional improvement, including the annual number of schooldays
dedicated to staff development for the most recent three-year period.

   (11) Classroom discipline and climate for learning, including
suspension and expulsion rates for the most recent three-year period.

   (12) Teacher and staff training, and curriculum improvement
programs.
   (13) Quality of school instruction and leadership.
   (14) The degree to which pupils are prepared to enter the
workforce.
   (15) The total number of instructional minutes offered in the
school year, separately stated for each grade level, as compared to
the total number of the instructional minutes per school year
required by state law, separately stated for each grade level.
   (16) The total number of minimum days, as specified in Sections
46112, 46113, 46117, and 46141, in the school year. 
   (17) The availability of high school exit examination intensive
instruction and services under Section 37254 for pupils who have not
graduated due to not passing the exit examination, the number of
pupils eligible for this intensive instruction and services, and the
number of pupils who have taken this intensive instruction and
services between July 1 and June 30 of the preceding school year.
 
   (17) 
    (18)  The number of advanced placement courses offered,
by subject. 
   (18) 
    (19)  The Academic Performance Index, including the
disaggregation of subgroups as set forth in Section 52052 and the
decile rankings and a comparison of schools. 
   (19) 
    (20)  Whether a school qualified for the Immediate
 Intervention Underperforming  
Intervention/Underperforming  Schools Program pursuant to
Section 52053 and whether the school applied for, and received a
grant pursuant to, that program. 
   (20) 
    (21) Whether the school qualifies for the Governor's
Performance Award Program. 
   (21) 
    (22)  When available, the percentage of pupils,
including the disaggregation of subgroups, as set forth in Section
52052, completing grade 12 who successfully complete the high school
exit examination, as set forth in Sections 60850 and 60851, as
compared to the percentage of pupils in the district and statewide
completing grade 12 who successfully complete the examination.

   (22) 
    (23)  Contact information pertaining to any organized
opportunities for parental involvement. 
   (23) 
    (24)  For secondary schools, the percentage of graduates
who have passed course requirements for entrance to the University
of California and the California State University pursuant to Section
51225.3 and the percentage of pupils enrolled in those courses, as
reported by the California Basic  Education  
Educational  Data System or any successor data system. 
   (24) 
    (25)  Whether the school has a college admissions test
preparation course program. 
   (25) 
    (26)  Career technical education data measures,
including all of the following:
   (A) A list of programs offered by the school district that pupils
at the school may participate in and that are aligned to the model
curriculum standards adopted pursuant to Section 51226, and program
sequences offered by the school district. The list should identify
courses conducted by a regional  occupation  
occupational  center or program, and those conducted directly by
the school district.
   (B) A listing of the primary representative of the career
technical advisory committee of the school district and the
industries represented.
   (C) The number of pupils participating in career technical
education.
   (D) The percentage of pupils  that   who
 complete a career technical education program and earn a high
school diploma.
   (E) The percentage of career technical education courses that are
sequenced or articulated between a school and institutions of
postsecondary education.
   (c) If the Commission on State Mandates finds a school district is
eligible for a reimbursement of costs incurred complying with this
section, the school district shall be reimbursed only if the
information provided in the school accountability report card is
accurate, as determined by the annual audit performed pursuant to
Section 41020. If the information is determined to be inaccurate, the
school district is not ineligible for reimbursement if the
information is corrected by May 15.
   (d) It is the intent of the Legislature that schools make a
concerted effort to notify parents of the purpose of the school
accountability report cards, as described in this section, and ensure
that all parents receive a copy of the report card; to ensure that
the report cards are easy to read and understandable by parents; to
ensure that local educational agencies with access to the Internet
make available current copies of the report cards through the
Internet; and to ensure that administrators and teachers are
available to answer any questions regarding the report cards.
   SEC. 2.    Section 35186 of the   Education
Code   is amended to read: 
   35186.  (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Title 5 of the California Code of Regulations, with
modifications, as necessary, to help identify and resolve any
deficiencies related to instructional materials, emergency or urgent
facilities conditions that pose a threat to the health and safety of
pupils or staff,  and  teacher vacancy or
misassignment  , and intensive instruction and services provided
pursuant to Section 37254 to pupils who have not passed one or both
parts of the high school exit examination after the completion of
grade   12  .
   (1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
   (2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
   (3)  A   Except as provided pursuant to
paragraph (4), a  complaint shall be filed with the principal of
the school or his or her designee. A complaint about problems beyond
the authority of the school principal shall be forwarded in a timely
manner but not to exceed 10 working days to the appropriate school
district official for resolution. 
   (4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent. 
   (b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
   (c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the State Board  of Education  describing the basis
for the complaint and, as appropriate, a proposed remedy for the
issue described in the complaint.
   (d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
   (e) The procedure required pursuant to this section is intended to
address all of the following:
   (1) A complaint related to instructional materials as follows:
   (A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
   (B) A pupil does not have access to instructional materials to use
at home or after school.
   (C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
   (2) A complaint related to teacher vacancy or misassignment as
follows:
   (A) A semester begins and a teacher vacancy exists.
   (B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
   (C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
   (3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5. 
   (4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254. 
   (f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
   (1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
   (2) School facilities must be clean, safe, and maintained in good
repair.
   (3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h). 
   (4) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. 

   (4) 
    (5)  The location at which to obtain a form to file a
complaint in case of a shortage. Posting a notice downloadable from
the Internet Web site of the department shall satisfy this
requirement.
   (g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
   (h) For purposes of this section, the following definitions apply:

   (1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
   (2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
   (3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
   SEC. 3.    Section 37254 of the   Education
Code   is amended to read: 
   37254.  (a) For purposes of this section, "eligible pupil" means a
pupil who is required to pass the California High School Exit
Examination for high school graduation pursuant to Chapter 8
(commencing with Section 60850) of Part 33, and who has failed one or
both parts of that examination  , including pupils who have not
passed one or both parts of the examination within two consecutive
academic years of completion of grade 12  .
   (b) (1) From the funds appropriated for purposes of this section
in the annual Budget Act or other statute, the Superintendent shall
determine a per pupil rate of funding by dividing the total 
amount of funds appropriated for purposes of this section by the
 number of eligible pupils in grade 12  and the number of
pupils who have not passed the high school exit examination within
two consecutive academic years of completion of grade 12 
reported by school districts in accordance with paragraph 
(4)   (7)  of subdivision (d)  by the total
amount of funds appropriated for purposes of this section 
. The Superintendent shall then apportion to each school district an
amount equal to the per pupil rate determined pursuant to this
paragraph multiplied by the number of eligible grade 12 pupils 
and the number of pupils who have not passed both parts of the high
school exit examination within two consecutive academic years of
completion of grade 12  reported pursuant to paragraph 
(4)   (7)  of subdivision (d).
   (2) If funds appropriated for purposes of paragraph (1) are not
exhausted after the apportionment  for eligible pupils in
grade 12   pursuant to paragraph (1)  is made, the
Superintendent shall determine a per pupil rate of funding  for
  eligible pupils in grade 11 by dividing the total amount
of funds appropriated for purposes of this section remaining after
the apportionment pursuant to paragraph (1) has been made  by
dividing the total number of eligible pupils in grade 11 reported by
school districts in accordance with paragraph  (4) 
 (7)  of subdivision (d)  by the total amount of
funds appropriated for purposes of this section remaining after the
apportionment pursuant to paragraph (1) has been made  . The
Superintendent shall apportion to each school district an amount
equal to the per pupil rate determined pursuant to this paragraph
multiplied by the number of eligible grade 11 pupils reported
pursuant to paragraph  (4)   (7)  of
subdivision (d).  The per pupil amount for grade 12 may not
exceed five hundred dollars ($500) in the 2006-07 fiscal year. The

    (3)     The  maximum per pupil rate of
funding  for grade 12   shall not exceed five
hundred dollars ($500) and  shall be increased annually by the
percentage determined in paragraph (2) of subdivision (b) of Section
42238.1
   (c) (1) The funds described in subdivision (b) shall be used to
provide intensive instruction and services designed to help eligible
pupils pass the California High School Exit Examination.
   (2) Intensive instruction and services may be provided during the
regular schoolday provided that they do not supplant the instruction
of the pupil in the core curriculum areas as defined in paragraph (5)
of subdivision (a) of Section 60603, or physical education
instruction.
   (3) Intensive instruction and services may include, but are not
limited to, all of the following:
   (A) Individual or small group instruction.
   (B) The hiring of additional teachers.
   (C) Purchasing, scoring, and reviewing diagnostic assessments.
   (D) Counseling.
   (E) Designing instruction to meet specific needs of eligible
pupils.
   (F) Appropriate teacher training to meet the needs of eligible
pupils. 
   (G) Instruction in English language arts or mathematics, or both,
that eligible pupils need to pass those parts of the high school exit
examination not yet passed. 
   (d) As a condition of receiving funds pursuant to subdivision (c),
the school district shall accomplish all of the following:
   (1) Ensure that each eligible pupil receives an appropriate
diagnostic assessment to identify that pupil's areas of need.
   (2) Ensure that each pupil receives intensive instruction and
services based on the results of the diagnostic assessment  , and
prior results on the high school exit examination  . 
   (3) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 are
notified in writing at the last known address before the end of each
school term of the availability of the services in sufficient time to
register for or avail themselves of those services each term for two
consecutive academic years thereafter and are notified of the right
of a pupil to file a complaint regarding those services as set forth
in Section 35186. In addition to notifying the pupil, or his or her
parent or legal guardian if the pupil is under the age of 18, in
writing, the notice shall be posted in the school office and district
office and on the Internet Web site of the school district, if
applicable. The notice shall comply with the translation requirements
of Section 48985.  
   (4) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 have the
opportunity to receive intensive instruction and services as needed
based on the results of the diagnostic assessment and prior results
on the high school exit examination, as specified in paragraph (2),
for up to two consecutive academic years after completion of grade 12
or until the pupil has passed both parts of the high school exit
examination, whichever comes first. This instruction shall be
comparable to that provided to grades 9 to 12, inclusive, pupils of
similar needs who are receiving intensive instruction and services in
a comprehensive high school of the district, by ensuring that the
intensive instruction and services are provided by instructors with
comparable levels of experience or qualification, consists of
comparable amounts of instructional time, and provides access to
comparable instructional materials. In determining where to offer
remediation, a school district shall consider whether the location is
accessible to eligible pupils. A school district may employ
different intensive instruction and services strategies more aligned
to the needs and circumstances of these pupils as compared to grade
12 pupils with similar needs in a comprehensive high school of the
district.  
   (5) Ensure that all English learners who have not passed one or
both parts of the high school exit examination by the end of grade 12
have the opportunity to receive intensive instruction and services
provided under paragraph (3) of subdivision (c) that also shall
include services to improve English proficiency as needed based on
the results of the diagnostic assessment and prior results on the
high school exit examination, as specified in paragraph
                             (2), to pass those parts of the high
school exit examination not yet passed, for up to two consecutive
academic years after completion of grade 12 or until the pupil has
passed both parts of the high school exit examination, whichever
comes first. Those services shall be comparable to that provided to
grades 9 to 12, inclusive, pupils of similar needs who are receiving
services to improve English proficiency in a comprehensive high
school of the district, by ensuring that the intensive instruction
and services are provided by instructors with comparable levels of
experience or qualification, consists of comparable amounts of
instructional time, and provides access to comparable instructional
materials.  
   (3) 
    (6)  Demonstrate that funds will be used to supplement
and not supplant existing services. 
   (4) 
    (7)  Provide to the Superintendent, in a manner and by a
date certain determined by the Superintendent, the number of
eligible pupils at each high school in the school district. 
   (5) 
    (8)  Submit an annual report to the Superintendent in a
manner determined by the Superintendent that describes  the
manner and frequency in which eligible pupils were notified of the
intensive instruction and services provided,  the number of
pupils served for each type of service provided, and the number of
pupils in the school district who successfully pass the high school
exit examination by each type of service provided. 
   (e) The department shall use the Categorical Program Monitoring
process set forth in subdivision (b) of Section 64001 to monitor
compliance with the requirement to permit pupils who have not passed
one or both parts of the high school exit examination by the end of
grade 12 to be provided with intensive instruction and services. If
the department determines that a school district has failed to comply
with paragraphs (4) and (5) of subdivision (d), the department shall
notify the district in writing of its failure to comply. 
   SEC. 4.    Section 52378 of the   Education
Code   is amended to read: 
   52378.  The Middle and High School Supplemental Counseling Program
is hereby established for the purpose of providing additional
counseling services to pupils in grades 7 to 12, inclusive. As a
condition of receiving funds, the governing board of each school
district maintaining any of grades 7 to 12, inclusive, shall do all
of the following:
   (a) The program shall be adopted at a public meeting of the
governing board and shall include all of the following:
   (1) A provision for individualized review of the pupil's academic
and deportment records.
   (2) A provision for a counselor to meet with each pupil and if
practicable, the parents or  legal  guardian of the pupil,
to explain the academic and deportment records of the pupil, his or
her educational options, the coursework and academic progress needed
for satisfactory completion of middle or high school, passage of the
high school exit examination  , the availability of intensive
instruction and services options for up to two consecutive academic
years after the completion of grade 12 or until the pupil has passed
both parts of the high school exit examination, whichever comes
first, for those pupils who have not passed one or both parts of the
high school exit examination by the end of grade 12,  and the
availability of career technical education. The educational options
explained at the meeting  shall  , if services are
available,  shall  include college preparatory program and
vocational programs, including regional occupational centers and
programs and any other alternatives available to pupils within the
district.
   (b) In addition to the counseling services described in
subdivision (a), school districts shall identify pupils who are at
risk of not graduating with the rest of their class, are not earning
credits at a rate that will enable them to pass the high school exit
examination, or do not have sufficient training to allow them to
fully engage in their chosen career, and shall do all of the
following:
   (1) Require each school within its jurisdiction that enrolls
pupils in grades 10 and 12 to develop a list of coursework and
experience necessary to assist each pupil in their respective grade
that has not passed one or both parts of the high school exit
examination and to successfully transition to postsecondary education
or employment.
   (2) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 who is deemed to be at the
far below basic level in English language arts or mathematics
pursuant to California Standards Tests administered to pupils in
grade 6 to successfully transition to high school and meet all
graduation requirements, including passing the high school exit
examination.
   (3) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil. 
   (4) Inform the pupil who has not passed one or both parts of the
high school exit examination of the option of intensive instruction
and services. 
   (c) (1) In addition to the items identified in subdivision (b),
the list of coursework and experience for a pupil enrolled in grade
12 shall include options for continuing his or her education if he or
she fails to meet graduation requirements. These options shall
include, but not be limited to, all of the following:
   (A) Enrolling in an adult education program.
   (B) Enrolling in a community college.
   (C) Continuing enrollment in the pupil's school district. 
   (D) Continuing to receive intensive instruction and services for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first. 
   (2) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
   (d) As a condition of receipt of funds pursuant to this article, a
school district shall require each school within its jurisdiction to
offer and schedule an individual conference with each pupil,
identified in paragraphs (1) and (2) of subdivision (b), and his or
her parent or legal guardian, and a school counselor. The individual
conference shall be scheduled, to the extent feasible, according to
the following requirements:
   (1) For a pupil enrolled in grade 7, the conference shall occur
before January of that school year in which the pupil is enrolled in
grade 7.
   (2) For a pupil enrolled in grade 10, the conference shall occur
between the spring of that school year in which the pupil is enrolled
in grade 10 and the fall of the following school year in which the
pupil would be enrolled in grade 11. For the 2006-07 school year, the
conference shall occur on or before December 31, 2006.
   (3) For a pupil enrolled in grade 12, the conference shall occur
after November of that school year in which the pupil is enrolled in
grade 12, but before March of the same school year.
   (e) During the individual conference described in subdivision (d),
the school counselor shall apprise the pupil identified in
paragraphs (1) and (2) of subdivision (b), and his or her parent or
 legal  guardian of the following:
   (1) Consequences of not passing the high school exit examination.
   (2) Programs, courses, and career technical education options
available for pupils needed for satisfactory completion of middle or
high school.
   (3) Cumulative records and transcripts of the pupil.
   (4) Performance on standardized and diagnostic assessments of the
pupil.
   (5) Remediation strategies, high school courses, and alternative
education options available to the pupil  , including, but not
limited to, informing pupils of the option to receive intensive
instruction and services for up to two consecutive academic years
after completion of grade 12 or until the pupil has passed both parts
of the high school exit examination, whichever comes first  .
   (6) Information on postsecondary education and training.
   (7) The pupil's score on the English language arts or mathematics
portion of the California Standards Test administered in grade 6, as
applicable.
   SEC. 5.    Section 52380 of the   Education
Code   is amended to read: 
   52380.  As a condition of receipt of funds pursuant to this
chapter, a school district shall submit an annual report in a manner
determined by the Superintendent that describes the number of pupils
served, the number of school counselors involved in conferences, the
number and percentage of pupils who participated in conferences and
who successfully pass the high school exit examination, and the
number and percentage of pupils who participated in conferences and
who fail to pass one or both sections of the exit examination, and a
summary of the most prevalent results for pupils based on the
graduation plans developed pursuant to this chapter.  The report
also shall contain an assurance that the school district has complied
with   subdivision (e) of Section 52378. 
   SEC. 6.    The Legislature finds and declares that
Section 1 of this act furthers the purposes of the Classroom
Instructional Improvement and Accountability Act. 
   SEC. 7.    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.  
  SECTION 1.    Section 60854 is added to the
Education Code, to read:
   60854.  In order to ensure that pupils who have not passed the
high school exit examination by the end of grade 12 receive the
necessary support to achieve proficiency in passing the exit
examination, a school district may provide the following assistance:
   (a) Allow additional semesters or years of enrollment in a
comprehensive public high school or in an alternative education
program until the pupil passes the exit examination and obtains a
high school diploma.
   (b) Provide continuous enrollment of a pupil in an independent
study program of coursework relevant to receiving a high school
diploma.
   (c) Allow the enrollment of a pupil in an adult school secondary
education program to obtain a diploma by satisfying the graduation
requirements of the district and passing the exit examination.
   (d) Allow the enrollment of a pupil in a community college program
offering a high school diploma in conjunction with a high school
district.