BILL NUMBER: SB 123 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 7, 2007
AMENDED IN ASSEMBLY SEPTEMBER 4, 2007
AMENDED IN ASSEMBLY JULY 17, 2007
AMENDED IN SENATE MAY 23, 2007
AMENDED IN SENATE MAY 2, 2007
AMENDED IN SENATE APRIL 17, 2007
INTRODUCED BY Senator Romero
(Coauthor: Assembly Member Nunez)
JANUARY 22, 2007
An act to add Sections 60852.1, 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 or state special
school also is required to report to the Superintendent certain
information, including the number of pupils granted diplomas in this
manner.
This bill would require 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 2008, 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 would be required to continue to submit, within
15 days after its determination that the pupil does not meet the
specified criteria, certain documentation to the state board for its
review, and the state board would be required to review
that failure to grant a high school diploma, as provided. The school
district and state special school would also be required to continue
submitting to the Superintendent the information regarding these
provisions, including the number of pupils granted diplomas in this
manner. The continuation of these requirements for school districts
would impose a state-mandated local program.
The bill would require the Superintendent of Public Instruction to
convene a panel, composed as specified, to make recommendations
regarding the standardized evidence-based assessment for eligible
pupils with disabilities, as defined, and would require the State
Board of Education by November 1, 2008, to adopt regulations based
upon the recommendations of the panel. The Superintendent would be
authorized to administer the standardized evidence-based assessment
for eligible pupils with disabilities on a statewide or regional
basis, or to contract with a qualified entity to provide any of the
services necessary to administer the standardized evidence-based
assessment on a statewide or regional basis. The Superintendent would
be required to provide to the budget committees of the Legislature
and the Department of Finance, by January 17, 2008, a cost estimate
and expenditure plan for the implementation of these provisions.
(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. It is the intent of the Legislature to provide eligible
pupils with disabilities who have fulfilled all of the requirements
for a high school diploma except passage of the high school exit
examination the opportunity to receive a diploma by demonstrating
through a standardized evidence-based assessment that they have
acquired the same knowledge and skills as required to pass the high
school exit examination.
SEC. 2. Section 60852.1 is added to the Education Code, to read:
60852.1. (a) The Superintendent shall convene a panel to make
recommendations regarding a standardized evidence-based assessment
for eligible pupils with disabilities.
(1) The panel shall be composed of educators and other individuals
who have experience with the population of pupils eligible for a
standardized evidence-based assessment, as defined in Section
60852.2, or who have expertise with multiple forms of assessment, or
both. The panel shall reflect the demographic and geographic
diversity of California. A majority of the panel shall be classroom
teachers.
(2) The panel shall make recommendations regarding all of the
following:
(A) The evidence that an eligible pupil with a disability may
submit to demonstrate that the pupil has achieved the same competence
in the content standards in English language arts or mathematics, or
both, required for passage of the high school exit examination.
Examples of this evidence include, but need not be limited to, all of
the following:
(i) Portfolios of previously completed pupil work.
(ii) Performance of assigned tasks designed to demonstrate the
pupil's competence on specified content standards.
(iii) Performance on those parts of the exit examination the pupil
has not passed or on other standardized tests aligned with the
content standards that demonstrate the pupil has mastered certain
content standards.
(B) Scoring rubrics or other scoring systems designed to ensure
that the evidence submitted demonstrates that the pupil has achieved
the same competence in the content standards required for passage of
the exit high school examination.
(C) Processes to ensure that the form, content, and scoring of
evidence for a standardized evidence-based assessment are applied
uniformly across the state.
(3) The panel shall make its recommendations to the Superintendent
and to the state board by July 1, 2008.
(b) By November 1, 2008, the state board shall adopt regulations
for the standardized evidence-based assessment for eligible pupils
with disabilities, as defined in Section 60852.2, based upon the
recommendations of the panel. The regulations, at a minimum, shall
specify all of the following:
(1) The form, content, and scoring of evidence that a pupil may
submit to demonstrate that the pupil has achieved the same competence
in the statewide content standards necessary to pass the high school
exit examination.
(2) The timelines under which evidence may be submitted and the
manner in which the pupil and the school district in which the pupil
is enrolled shall be timely notified of results of the standardized
evidence-based assessment.
(c) The Superintendent may administer the standardized
evidence-based assessment for eligible pupils with disabilities on a
statewide or regional basis, or may contract with a qualified entity
to provide any of the services necessary to administer the
standardized evidence-based assessment on a statewide or regional
basis. The Superintendent or contractor, as applicable, shall provide
the training necessary for the uniform statewide implementation of
the standardized evidence-based assessment. By January 17, 2008, the
Superintendent shall provide to the budget committees of the
Legislature and the Department of Finance a cost estimate and
expenditure plan for the implementation of this section and Section
60852.2.
SEC. 3. Section 60852.2 is added to the Education Code, to read:
60852.2. (a) For purposes of this chapter, "eligible pupil with a
disability" means a pupil who meets all of the following criteria:
(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 indicates that the pupil has an
anticipated graduation date and is scheduled to receive a high school
diploma on or after January 1, 2009.
(2) The pupil has not passed the high school exit examination
and is not eligible for a waiver pursuant to subdivision (c)
of Section 60851. .
(3) 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 on or after
January 1, 2009.
(4) The pupil has attempted to pass those sections not yet passed
of the high school exit examination at least twice after grade 10,
including at least once during the current enrollment of the pupil in
grade 12, with the accommodations or modifications, if any,
specified in the individualized education program or the Section 504
plan of the pupil.
(b) Commencing January 1, 2009, an eligible pupil with a
disability, or his or her parent or legal guardian, may submit
evidence for a standardized evidence-based assessment in the manner
prescribed by the regulations adopted pursuant to Section 60852.1.
(c) An eligible pupil with a disability shall be deemed to have
satisfied the requirements of Section 60851 for those parts of the
high school exit examination that the pupil has not passed if the
school district in which the pupil is enrolled is notified that the
results of a standardized evidence-based assessment demonstrate that
the pupil has achieved the same competence in the statewide content
standards as the competence that is necessary to pass the high school
exit examination.
SEC. 4. Section 60852.3 is added to the Education Code, to read:
60852.3. (a) Notwithstanding any other provision of law, a school
district or state special school, as designated in Sections 59000
and 59100, shall grant a high school diploma to a pupil with a
disability who is scheduled to graduate from high school in 2008, 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 are met:
(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)).
(2) The individualized education program or Section 504 plan of
the pupil, that is dated on or before July 1, 2007, indicates that
the pupil has an anticipated graduation date, and is scheduled to
receive a high school diploma on or before December 31, 2008.
(3) 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 on or before
December 31, 2008.
(4) The pupil has attempted to pass those sections not yet passed
of the high school exit examination at least twice after grade 10,
including at least once during the current grade 12 year of the
pupil, with the accommodations or modifications, if any, specified in
the individualized education program or the Section 504 plan of the
pupil.
(5) (A) Either (i) the pupil received remedial or supplemental
instruction focused on those sections not yet passed of the high
school exit examination from his or her school, private tutoring, or
another source, or (ii) the school district or state special school
failed to provide the pupil with the opportunity to receive that
remedial or supplemental instruction.
(B) If the pupil received remedial or supplemental instruction as
described in clause (i) of subparagraph (A), the pupil has taken
those sections not yet passed of the high school exit examination at
least once following the receipt of that remedial or supplemental
instruction. This subparagraph shall not apply if following the
receipt of that remedial or supplemental instruction, there is no
further administration of the examination on or before December 31,
2008.
(6) No later than 30 days prior to the receipt of a diploma in
2008, the pupil, or the parent or legal guardian of the pupil if the
pupil is a minor, has been notified in writing pursuant to Section
300.503 of Title 34 of the Code of Federal Regulations that the pupil
is entitled to receive free appropriate public education up to and
including the academic year during which the pupil reaches the
maximum age pursuant to subdivision (c) of Section 56026, or until
the pupil receives a high school diploma, whichever event occurs
first.
(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, 2008, 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 in 2008,
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.
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.