BILL NUMBER: AB 1705	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 15, 2012

   An act to amend Sections 60852.1 and 60852.2 of the Education
Code, relating to pupil assessment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1705, as introduced, Silva. Pupil assessment: high school exit
examination: eligible pupils with disabilities.
   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 requires by October 1, 2010, that the State
Board of Education, taking into consideration specified findings and
recommendations, adopt regulations for alternative means by which
eligible pupils with disabilities, as defined, may demonstrate that
they have achieved the same level of academic achievement in the
content standards required for passage of the high school exit
examination.
   Existing law defines an eligible pupil with a disability as a
pupil who has, among other things, an anticipated graduation date and
is scheduled to receive a high school diploma on or after January 1,
2011, and 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, 2011. Existing law authorizes an eligible pupil with a
disability, commencing January 1, 2011, to participate in the
alternative means of demonstrating the level of academic achievement
in the content standards required for passage of the high school exit
examination in the manner prescribed by the regulations adopted by
the state board.
   This bill would instead define an eligible pupil with a disability
as a pupil who has, among other things, an anticipated graduation
date and is scheduled to receive a high school diploma on or after
July 1, 2015, and 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 July 1, 2015. The bill would instead authorize an
eligible pupil with a disability, commencing July 1, 2015, to
participate in the alternative means of demonstrating the level of
academic achievement in the content standards required for passage of
the high school exit examination in the manner prescribed by the
regulations adopted by the state board. The bill would also make
conforming and technical, nonsubstantive changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 60852.1 of the Education Code is amended to
read:
   60852.1.  (a) The Superintendent shall recommend, and the state
board shall select, members of a panel that will convene to make
recommendations regarding alternative means for eligible pupils with
disabilities to demonstrate that they have achieved the same level of
academic achievement in the content standards in English language
arts or mathematics, or both, required for passage of the high school
exit examination.
   (1) The panel shall be composed of educators and other individuals
who have experience with the population of pupils with disabilities
eligible for alternative means of demonstrating academic achievement,
as defined in Section 60852.2, and educators and other individuals
who have expertise with multiple forms of assessment. The panel shall
consult with experts in other states that offer alternative means
for pupils with disabilities to demonstrate academic achievement. A
majority of the panel shall be classroom teachers.
   (2) The panel shall make findings and recommendations regarding
all of the following:
   (A) Specific options for alternative assessments, submission of
evidence, or other alternative means by which eligible pupils with
disabilities may demonstrate that they have achieved the same level
of academic achievement in the content standards in English language
arts or mathematics, or both, required for passage of the high school
exit examination.
   (B) Scoring or other evaluation systems designed to ensure that
the pupil has achieved the same competence in the content standards
required for passage of the high school exit examination.
   (C) Processes to ensure that the form, content, and scoring of
assessments, evidence, or other means of demonstrating academic
achievement are applied uniformly across the state.
   (D) Estimates of one-time or ongoing costs, and whether each
option should be implemented on a statewide or regional basis, or
both.
   (3) The panel shall present its options and make its findings and
recommendations to the Superintendent and to the state board by
October 1, 2009.
   (b)  By October 1, 2010, for   For 
those portions of, or those academic content standards assessed by,
the high school exit examination for which the state board determines
it is feasible to create alternative means by which eligible pupils
with disabilities may demonstrate the same level of academic
achievement required for passage of the high school exit examination,
the state board, taking into consideration the findings and
recommendations of the panel, shall adopt regulations for alternative
means by which eligible pupils with disabilities, as defined in
Section  60952.2   60852.2  , may
demonstrate that they have achieved the same level of academic
achievement in the content standards required for passage of the high
school exit examination. The regulations shall include appropriate
timelines and the manner in which pupils and school districts shall
be timely notified of the results.
  SEC. 2.  Section 60852.2 of the Education Code is amended 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, 2011   July 1, 2015 
.
   (2) The pupil has not passed the high school exit examination.
   (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, 2011   July 1, 2015  .
   (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  adopted
pursuant to the federal Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.)  or the  plan adopted pursuant
to  Section 504  plan   of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a))  of the
pupil.
   (b) Commencing  January 1, 2011,   July 1,
2015,  an eligible pupil with a disability may participate in
the alternative means of demonstrating the level of academic
achievement in the content standards required for passage of the high
school exit examination in the manner prescribed by the regulations
adopted pursuant to Section 60852.1. The state board may, by
regulation, extend this date by up to two years if it determines that
an extension is necessary for the appropriate implementation of 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
pupil has successfully demonstrated the same level of academic
achievement in the statewide content standards as the level of
academic achievement that is necessary to pass the high school exit
examination through one or more of the alternative means prescribed
in the regulations adopted pursuant to Section 60852.1.