BILL NUMBER: SB 123 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 23, 2007
AMENDED IN SENATE MAY 2, 2007
AMENDED IN SENATE APRIL 17, 2007
INTRODUCED BY Senator Romero
JANUARY 22, 2007
An act to amend Section 60852.4 of, and to add Sections 60852.2
and 60852.3 to, the Education Code, relating to the high school exit
examination.
LEGISLATIVE COUNSEL'S DIGEST
SB 123, as amended, Romero. High school exit examination.
(1) Existing law requires the Superintendent of Public
Instruction, with the approval of the State Board of Education, to
develop a high school exit examination in English language arts and
mathematics in accordance with state academic content standards. 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 graduation from high school.
Existing law, until December 31, 2007, requires a school district
or state special school to grant a high school diploma to a pupil
with a disability who is scheduled to graduate from high school in
2007, has not passed the high school exit examination, has not
received a high school exit examination waiver, and meets other
specified criteria. A school district or state special school that
fails to grant a high school diploma to that pupil is required to
submit certain documentation to the state board within 15 days after
its determination that the pupil does not meet the specified
criteria, and requires the board to review that failure to grant a
high school diploma, as provided. The state board is authorized to
direct the school district or state special school to grant a high
school diploma to the pupil if the state board finds that the pupil
meets the specified criteria. The school district and state special
school also is required to report to the Superintendent certain
information, including the number of pupils granted diplomas in this
manner.
Existing law requires the Superintendent, with the approval of
the state board, to recommend to the Legislature, by June 1, 2007,
for its consideration a course of action regarding pupils with
disabilities who meet all state and local graduation requirements
except the passage of the high school exit examination.
This bill would require a school district or state special school
to allow a pupil with an operative individualized education program
or a plan adopted pursuant to specified federal law to satisfy the
requirement to pass the high school exit examination by taking and
passing the examination with accommodations or modifications, as
specified in the individualized education program or the plan of the
pupil, or by satisfactorily completing tasks specified in the
individualized education program or the plan, as determined by a
jury.
The bill would require each school district or state special
school to establish or otherwise provide for a process by which a
pupil with an individualized education program or a plan may receive
a juried assessment of tasks instead of passing one or both portions
of the high school exit examination. The jury would be required to
consist of a special education teacher, a high school principal, a
parent of a special education pupil, a school psychologist, and a
school counselor. The pupil would be authorized to appeal a decision
of the jury that the pupil did not satisfactorily complete the tasks
to the governing board of the school district. By requiring school
districts to establish and convene juries and consider appeals of
jury decisions, the bill would impose a state-mandated local program.
The bill would delete the December 31, 2007, repeal date of the
provision setting forth the criteria a pupil with a disability who
does not pass the high school exit examination or receive a waiver of
that examination requirement is required to satisfy to receive a
high school diploma. The criteria these pupils would be required to
meet would be changed to include an individualized education program
or plan that specifies tasks the pupil may complete instead of
passing the high school exit examination, taking and not passing
while enrolled in grades 10 and 11 one or both parts of
the high school examination, satisfactory completion of those
tasks, as determined by a jury, satisfaction of all other state and
local requirements for the receipt of a high school diploma, and
specified attendance requirements.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that Chapter 629
of the Statutes of 2006 required the Superintendent of Public
Instruction, with approval of the State Board of Education, to
recommend, by June 1, 2007, a course of action for adoption by the
Legislature regarding pupils with disabilities who have met all other
state and local graduation requirements, but are unable to satisfy
the high school exit examination requirement or obtain a waiver of
the requirement under Section 60851 of the Education Code. The
Legislature is awaiting the recommendations.
(b) It is the intent of the Legislature to ensure adequate notice
and input from parents, pupils, teachers, and administrators on the
subject of pupils with disabilities and the high school exit
examination.
SEC. 2. Section 60852.2 is added to the Education Code, to read:
60852.2. Notwithstanding any other law, a school district or
state special school, as designated in Section 59000 or 59100, shall
allow a pupil with an operative individualized education program
adopted pursuant to the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) or a plan adopted
pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794(a)) to satisfy the requirement to pass the high
school exit examination in one, or a combination, of the following
ways:
(a) The pupil may take and pass one or both portions of the high
school exit examination with accommodations or modifications, as
specified in the individualized education program or the Section 504
plan of the pupil.
(b) The pupil may satisfy the requirement to pass one or both
portions of the high school exit examination by satisfactorily
completing tasks specified in the individualized education program or
the Section 504 plan of the pupil, as determined by a jury convened
pursuant to Section 60852.3.
SEC. 3. Section 60852.3 is added to the Education Code, to read:
60852.3. (a) Each school district or state special school, as
designated in Section 59000 or 59100, shall establish or otherwise
provide for a process by which a pupil with an individualized
education program adopted pursuant to the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a plan
adopted pursuant to Section 504 of the federal Rehabilitation Act of
1973 (29 U.S.C. Sec. 794(a)) may receive a juried assessment of tasks
instead of passing one or both portions of the high school exit
examination.
(b) Upon the written request of the pupil or the parent or legal
guardian of the pupil, the school district of
or state special school shall convene a jury consisting of a
special education teacher, a high school principal, a parent of a
special education pupil, a school psychologist, and a school
counselor.
(c) The jury established pursuant to this section shall review
evidence and determine whether the pupil has satisfactorily completed
the tasks specified in the individualized education program or the
Section 504 plan of the pupil. The jury shall make its determination
within 60 days of the request of the pupil, but no later than the
regularly scheduled high school exit examination for that school
year.
(d) If the jury determines the pupil did not satisfactorily
complete the tasks specified in the individualized education program
or the Section 504 plan of the pupil, the pupil may appeal the
decision of the jury to the governing board of the school district.
SEC. 4. Section 60852.4 of the Education Code is amended to read:
60852.4. (a) Notwithstanding any other provision of law, a school
district or state special school, as designated in Section 59000 or
59100, shall grant a high school diploma to a pupil with a disability
who has not passed the high school exit examination or is eligible
for a waiver pursuant to subdivision (c) of Section 60851, and has
not received a waiver pursuant to subdivision (c) of Section 60851,
if all of the following criteria exist:
(1) The pupil has an operative individualized education program
adopted pursuant to the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) or a plan adopted
pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794 (a)) that specifies tasks that the pupil may
complete instead of passing one or both parts of the high school exit
examination.
(2) The pupil takes the high school exit examination while
enrolled in grade 10 and grade 11 and does not pass one or both parts
of the examination.
(2)
(3) The pupil completes the tasks specified in the
individualized education program or the Section 504 plan of the pupil
to the satisfaction of a jury established pursuant to Section
60852.3.
(3)
(4) The school district or state special school
certifies that the pupil has satisfied or will satisfy all other
state and local requirements for the receipt of a high school
diploma.
(4)
(5) The pupil has attended 90 percent of the days of
school that the pupil was scheduled to attend, exclusive of days when
the pupil was excused pursuant to Section 48205.
(b) A school district or state special school shall submit
documentation relating to the denial of a high school diploma on or
before December 31, pursuant to this section, to the state board
within 15 days of the determination that the pupil with a disability
who is scheduled to graduate from high school does not meet the
criteria stated in subdivision (a). The state board shall review any
denial of a high school diploma by a school district or state special
school pursuant to this section no later than its next regularly
scheduled meeting, occurring at least 30 days after receipt of the
above documentation from the school district or state special school.
If the state board finds that the pupil meets the criteria stated in
subdivision (a), the state board may require the school district or
state special school to grant a high school diploma to the pupil.
(c) Each school district and state special school shall report to
the Superintendent, in a manner and by a date determined by the
Superintendent, all of the following information:
(1) Documentation of the procedure used to implement this section.
(2) The number of pupils granted diplomas pursuant to this
section.
(3) Any additional information determined to be in furtherance of
this section.
(d) This section does not allow a pupil to satisfy the requirement
to pass the high school exit examination without satisfactorily
addressing both parts of the examination. A pupil may satisfy the
requirement to pass the high school exit examination by satisfying
one or both parts of the high school exit examination using the
alternative set forth in Section 60852.3, but the requirement to pass
both parts of the examination shall be satisfied by a pupil in order
for the pupil to receive a high school diploma.
SEC. 5. 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.