Amended in Assembly April 23, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1599


Introduced by Committee on Education (Assembly Members Buchanan (Chair), Olsen (Vice Chair), Chávez, Gonzalez, Nazarian, Weber, and Williams)

February 5, 2014


An act to amendbegin delete Section 17047 ofend deletebegin insert Sections 5033, 17047, 33540, 35576, 35710.51, 35782, 35783, 35786, 42281, 49558, 52060, 56043, 56366.1, 56440, 60603, 60604, 60607, 60611, 60630, 60640, 60641, 60643, 60643.6, 60648, and 60810 of, to amend the heading of Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4 of Title 2 of, and to repeal and add Section 56363.5 of,end insert the Education Code, relating tobegin delete specialend delete education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1599, as amended, Committee on Education. begin deleteSpecial education facilities: disability references. end deletebegin insertEducation: omnibus bill.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law requires the allowable new building area for the purpose of providing special day class and Resource Specialist Program facilities for special education pupils to be negotiated and approved by the State Allocation Board, as provided. Existing law prescribes the maximum square footage for those facilities by special day class basic need, including, among other basic needs, the maximum square footage for mildly mentally retarded and severely mentally retarded special education pupils.

This bill would change references in these provisions from mildly mentally retarded and severely mentally retarded to mildly intellectually disabled and severely intellectually disabled, respectively.

begin insert

(2) Existing law requires the State Board of Education and the State Department of Education to request the Instructional Quality Commission to review and revise, as necessary, the course requirements in the history-social science framework to ensure that minimum standards for courses in American government and civics include certain matters.

end insert
begin insert

This bill would additionally require the commission, when revising the history-social science framework, to ensure that these course requirements are also included in all history and social science courses and grade levels, as appropriate. The bill would, among other things, also require the commission, whenever the history-social science framework is revised, to receive input from civics learning experts for the purpose of integrating civics learning content, concepts, and skills, at all appropriate grade levels, with the standards established by the state board in core curriculum areas, as specified, and ensure that voter education information is included in the American government and civics curriculum at the high school level, as specified.

end insert
begin insert

(3) Existing law specifies the circumstances under which the State Board of Education or a county committee on school district reorganization may approve proposals or petitions for the reorganization of school districts. After the state board has approved plans and recommendations or a county committee has approved a petition for the unification or other reorganization of school districts, existing law requires the secretary of the state board or the county committee to give notice to a specified county superintendent of schools. Within 35 days of receiving that notification from the state board, existing law provides for the county superintendent of schools to call an election, to be conducted at the next election of any kind, or in the case of a notice from a county committee, at the next regular election, in the territory of the districts as determined by the state board or the county committee.

end insert
begin insert

This bill would instead require a county superintendent of schools, if notified by a county committee, to call the election at next election of any kind, in accordance with specified requirements.

end insert
begin insert

(4) Existing law provides that a school district that has been organized for more than 3 years shall be lapsed, as defined, if certain conditions occur. Within 30 days after the close of each school year, existing law requires the county committee on school district reorganization to conduct a public hearing to determine if those conditions have been met. After the hearing, existing law requires the county committee to order the territory annexed to one or more adjoining districts, as specified. Existing law provides that an order of a county committee attaching the territory of a lapsed school district to one or more adjoining school districts shall be effective for all purposes on the date of the order.

end insert
begin insert

This bill would, among other things, instead require the county committee to conduct the public hearing within 45 days before the close of each school year, and would require the county committee to order the territory annexed after the hearing and at least 30 days before the close of the school year. The bill would, among other things, make the county committee’s order effective on the July 1 after the date of the order, as specified. To the extent these changes would impose a higher level of service on local officials, the bill would create a state-mandated local program.

end insert
begin insert

(5) Existing law requires each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils. Existing law provides that the School Lunch Program application is confidential and would prohibit the information used in the application from being disclosed to any governmental agency, including the federal Immigration and Naturalization Service and the Social Security Administration, or used for any purpose other than enrollment in the CalFresh program. Notwithstanding that restriction, existing law authorizes a public officer or agency to allow the use by certain school district employees of records pertaining to pupil participation in any free or reduced-price meal program solely for the purpose of, among other things, the disaggregation of academic data.

end insert
begin insert

This bill would, among other things, additionally authorize the release of eligibility information on enrolled pupils participating in the free or reduced-price meal program to the Superintendent of Public Instruction for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding, as provided.

end insert
begin insert

(6) Existing law requires that every individual with exceptional needs, as defined, who is eligible to receive special education instruction and related services be provided with that instruction and those services at no cost to his or her parent or guardian or, as appropriate, to him or her. A free appropriate public education is required to be made available to individuals with exceptional needs in accordance with specified federal regulations adopted pursuant to the federal Individuals with Disabilities Education Act. Existing law authorizes local educational agencies to seek, either directly or through the pupil’s parents or guardians, reimbursement from insurance companies to cover the costs of related services, in accordance with specified federal regulations.

end insert
begin insert

This bill would delete that authorization and would instead authorize a public agency, if an individuals with exceptional needs is covered by public benefits or insurance, to use Medicaid, other public benefits, or insurance programs in which a pupil participates to provide or pay for certain services required by law if the agency provides written notification to the pupil’s parents and obtains written parental consent, as provided.

end insert
begin insert

(7) Existing law sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law also permits, under certain circumstances, contracts to be entered for the provision of those services by nonpublic, nonsectarian schools or agencies, as defined. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified by the Superintendent of Public Instruction as meeting specified standards. Existing law also requires the nonpublic, nonsectarian school or agency that is applying for certification to submit, on a form developed by the State Department of Education, a signed verification by local educational agency representatives that they have been notified of the intent to certify or renew certification. Existing law requires the department to mail renewal application materials to certified nonpublic, nonsectarian schools and agencies at least 120 days before the expiration date of their current certification.

end insert
begin insert

This bill would require the local educational agency to send the applicant an acknowledgment, rather than a signed verification, as specified. The bill would delete the provision requiring the department to mail renewal application materials, and instead require the department to provide electronic notification of the availability of these materials to certified nonpublic, nonsectarian schools and agencies at least 120 days before the date their current certification expires.

end insert
begin insert

(8) Existing law establishes the Measurement of Academic Performance and Progress (MAPP), commencing with the 2013-14 school year, for the assessment of certain elementary and secondary pupils. Existing law specifies numerous policies and procedures with respect to the development and the implementation of the MAPP by the Superintendent of Public Instruction, the State Board of Education, and affected local educational agencies.

end insert
begin insert

This bill would change the name of the MAPP to the California Assessment of Student Performance and Progress (CAASPP), and would make conforming changes.

end insert
begin insert

(9) Existing law requires the Superintendent of Public Instruction to review existing tests that assess the English language development of pupils whose primary language is a language other than English. Existing law requires pupils in kindergarten and first grade to be assessed in English listening and speaking, and, once an assessment is developed, early literacy skills. Existing law requires an early literacy assessment to be administered for a period of 4 years beginning after the initial administration of the assessment or until July 1, 2014, whichever occurs first.

end insert
begin insert

This bill would instead require this early literacy assessment to be administered for a period of 4 years beginning after the initial administration of the assessment or until July 1, 2017, whichever occurs last.

end insert
begin insert

(10) This bill also would make various nonsubstantive changes, delete obsolete provisions, and update cross-references.

end insert
begin insert

(11) 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.

end insert
begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P6    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 5033 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

5033.  

begin deleteNo end deletebegin insertA end insertmember of the governing board ofbegin delete any district
4includedend delete
begin insert a districtend insert wholly or partially included in a unified school
5district formed under the provisions of Chapterbegin delete 2 (commencing
6with Section 4200) of Part 3 of this divisionend delete
begin insert 4 (commencing with
7Section 35700) of Part 21 of Division 3 of Title 2end insert
shallbegin insert notend insert be a
8member of the governing board of the unified school district unless
9electedbegin delete thereto.end deletebegin insert to that governing board.end insert

10

begin deleteSECTION 1.end delete
11begin insertSEC. 2.end insert  

Section 17047 of the Education Code is amended to
12read:

13

17047.  

(a) The allowable new building area for the purpose
14of providing special day class and Resource Specialist Program
15facilities for special education pupils shall be negotiated and
16approved by the board, with any necessary assistance to be
17provided by the Special Education Division of the State Department
18of Education. The square footage allowances shall be computed
19within the maximum square footage set forth in the following
20schedule:


21

 

Special Day Class
Basic Need

Grade
Levels

Load­ing*

Square
Footage

Nonsevere Disability

--Specific Learning
 Disability

 All

12

1080

--Mildly Intellectually
 Disabled

 All

12

1080

--Severe Disorder
 of Language

 All

10

1080

Severe Disability

--Deaf and Hard of
 Hearing

 All

10

1080

--Visually Impaired

 All

10

1330 (1080 + 250 storage)

--Orthopedically and
 Other Health Im-

 paired

 All

12

2000 (1080 + 400 toilets + 250 storage + 270 daily living skills + 3000 therapy + 750 therapy per additional classroom)

--Autistic

 All

6

1160 (1080 + 80 toilets)

--Severely Emotion-
 ally Disturbed

 All

6

1160 (1080 + 80 toilets)

 

--Severely Intellectually Disabled

 Elem.

12

1750 (1080 + 400 toilets + 270 daily living skills)

 

 Secon.

2150 (1080 + 400 toilets + 270 daily living skills + 400 vocational)

--Developmentally

 Disabled

 All

10

2000 (1080 + 400 toilets + 250 storage + 270 daily living skills + 3000 therapy** + 750 therapy per additional CR)

--Deaf-Blind/Multi

 All

5

1400 (1080 + 200 storage + 150 toilets)

P7   19P7    7

 

 

 

Pupils

Square
Feet

Resource Specialist Program for those pupils with disabling conditions whose needs have been identified by the Individualized Education Program (IEP) Team, who require special education for a portion of the day, and who are assigned to a regular classroom for a majority of the schoolday.***

All Maximum caseload for RS is 28, not all served at same time.

1-8

240 

9-28

480 

29-37

720 

38-56

960 

57-65

1200 

66-85

1440 

86-94

1680 

95-112

1920 

 

 * Special pupils may usually be grouped without accordance to type, especially in smaller districts or where attendance zones may indicate, to maximize loadings per classroom where there are children with similar educational needs (Sec. 56364 or 56364.2, as applicable).

 

 ** Therapy add-ons not to be provided if on same site as orthopedically impaired.

 

 *** To a maximum of 4 percent of the unhoused average daily attendance of the district, per new school or addition, to a maximum of 1920 square feet.

 

P8    8(b) The allowable new building area shall be computed by
9dividing the number of eligible pupils by the minimum required
10loading per classroom for special day classes for the type of pupils
11to be enrolled. No new or additional facility shall be provided for
12special day classes unless the number of additional eligible pupils
13equals one-third or more of the minimum required loading.

14begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 33540 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
15read:end insert

16

33540.  

(a) The state board and the department shall request
17that the commission review and revise, as necessary, the course
18requirements in the history-social science framework developed
19by the History-Social Science Curriculum Framework and Criteria
20Committee of the state board to ensure that minimum standards
21for courses in American government and civics include sufficient
22attention to teaching pupils how to interact, in a practical manner,
23with state and local governmental agencies and representatives to
24solve problems and to petition for changes in laws andbegin delete procedures.end delete
25begin insert procedures, and that these course requirements are also included
26in all history and social science courses and grade levels, as
27appropriate.end insert

28(b) begin deleteWhen end deletebegin insertWhenever end insertthe history-social science framework is
29revised as required by law, the commission shall do, as appropriate
30and based on the subject matter of the course, all of the following:

begin insert

31(1) Receive input from civics learning experts, including civics
32education program providers, associations of civics educators,
33and organizations dedicated to research on civics learning, for
34the purpose of integrating civics learning content, concepts, and
35skills, at all appropriate grade levels, with the standards
36established by the state board in core curriculum areas, as
37specified in Sections 60605, as that section read on June 30, 2011,
38and 60605.8.

end insert
begin insert

39(2) Consider how civics and history instruction, at all
40appropriate grade levels, includes, in addition to the acquisition
P9    1of content knowledge, the application of that content to develop
2the competence and skills needed for civic engagement.

end insert
begin insert

3(3) Ensure that voter education information is included in the
4American government and civics curriculum at the high school
5level, including, but not limited to, information on the importance
6of registering to vote in local, state, and federal elections, how to
7register to vote, both online and by mail, what the requirements
8are to register to vote, how to request an absentee ballot, how to
9fill out and return an absentee ballot, what to expect on election
10day, how to find a polling place, and where and how to access and
11understand the voter information pamphlet and other materials
12to become an informed voter.

end insert
begin delete

13(1)

end delete

14begin insert(4)end insert Ensure the following historical documents are incorporated
15in the framework:

16(A) The Declaration of Independence.

17(B) The United States Constitution, including the Bill of Rights.

18(C) The Federalist Papers.

19(D) The Emancipation Proclamation.

20(E) The Gettysburg Address.

21(F) George Washington’s Farewell Address.

begin delete

22(2)

end delete

23begin insert(5)end insert Consider incorporating the following historical documents
24into the framework:

25(A) The Magna Carta.

26(B) The Articles of Confederation.

27(C) The California Constitution.

begin delete

28(3)

end delete

29begin insert(6)end insert Encourage instruction that promotes an understanding of
30the governments of California and the United States of America,
31including, but not limited to, the development of democracy and
32the history of the development of the United States Constitution.

begin insert

33(c) It is the intent of the Legislature, for purposes of only the
34history-social science framework that is revised subsequent to the
35effective date of the act that amended this section in the second
36year of the 2013-14 Regular Session, that the requirements
37imposed pursuant to paragraphs (1), (2), and (3) of subdivision
38(b) may be satisfied under the framework adoption procedures
39currently being utilized by the department as of January 1, 2015.

end insert
P10   1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 35576 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert

3

35576.  

(a) begin deleteWhen end deletebegin insertIf end insertterritory is taken from one district and
4annexed to, or included in, another district or a new district by any
5procedure and the area transferred containsbegin delete public school buildings
6orend delete
begin insert realend insert property, the district to which the territory is annexed shall
7take possession of thebegin delete building and equipmentend deletebegin insert real property,
8pursuant to paragraph (1) of subdivision (a) of Section 35560,end insert
on
9the day when the annexation becomes effective for all purposes.
10The territory transferred shall cease to be liable for the bonded
11indebtedness of the district of which it was formerly a part and
12shall automatically assume its proportionate share of the
13outstanding bonded indebtedness of any district of which it
14becomes a part.

15(b) The acquiring district shallbegin delete pay the original district the
16greatestend delete
begin insert be liable for the greaterend insert of the amounts determined under
17provisions of paragraphs (1) orbegin delete (2)end deletebegin insert (2),end insert or the amount determined
18pursuant to a method prescribed under Section 35738.

19(1) The proportionate share of the outstanding bonded
20indebtedness of the original district, which proportionate share
21shall be in the ratiobegin delete whichend deletebegin insert thatend insert the total assessed valuation of the
22transferring territory bears to the total assessed valuation of the
23original district in the year immediately preceding the date on
24which the annexation is effective for all purposes. This ratio shall
25be used each year until the bonded indebtedness for which the
26acquiring district is liable has been repaid.

27(2) begin deleteThat end deletebegin insertThe end insertportion of the outstanding bonded indebtedness of
28the original districtbegin delete whichend deletebegin insert thatend insert was incurred for the acquisition or
29improvement ofbegin delete school lots or buildings,end deletebegin insert real property,end insert or fixtures
30locatedbegin delete therein,end deletebegin insert on the real property,end insert and situated in the territory
31transferred.

32(c) The county board of supervisors shall compute for the
33reorganized district an annual tax rate for bond interest and
34redemptionbegin delete whichend deletebegin insert thatend insert will include the bond interest and
35redemption on the outstanding bonded indebtedness specified in
36paragraph (1) or (2) of subdivisionbegin delete (b)end deletebegin insert (b),end insert or the amount
37determined pursuant to a method prescribed under Section 35738.
38The county board of supervisors shall also compute tax rates for
39the annual charge and use charge prescribed by former Sections
401822.2 andbegin delete 1825end deletebegin insert 1825,end insert as they read on July 1,begin delete 1970end deletebegin insert 1970,end insert when
P11   1such charges were establishedbegin delete prior toend deletebegin insert beforeend insert November 23, 1970.
2All such tax rates shall be levied in excess of any other ad valorem
3property tax authorized or required by law and shall not be included
4in the computation of the limitation specified in subdivision (a) of
5Section 1 of Article XIII A of the California Constitution.

6begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 35710.51 of the end insertbegin insertEducation Codeend insertbegin insert is amended
7to read:end insert

8

35710.51.  

begin insert(a)end insertbegin insertend insertThe county superintendent of schools, within
935 days after receiving the notification provided by Section 35710,
10shall call an election, in the manner prescribed in Part 4
11(commencing with Section 5000), to be conducted at the next
12begin delete available regular election, inend deletebegin insert election of any kind in accordance
13with either of the following:end insert

begin insert

14(1) Section 1002 of the Elections Code and Part 4 (commencing
15with Section 5000) of Division 1 of Title 1.

end insert
begin insert

16(2) Division 4 (commencing with Section 4000) of the Elections
17Code.

end insert

18begin insert(b)end insertbegin insertend insertbegin insertThe county superintendent of schools shall call the election
19inend insert
the territory of districts as determined by the county committee
20on school district organization, or, in the case of territory transfers
21appealed to thebegin delete State Board of Educationend deletebegin insert state boardend insert pursuant to
22begin insert subdivision (c) ofend insert Sectionbegin delete 35710.5end deletebegin deleteend deletebegin delete(c),end deletebegin insert 35710.5,end insert as determined by
23thebegin delete State Board of Education.end deletebegin insert state board.end insert The county
24superintendentbegin insert of schoolsend insert shall not issue an order of election until
25after the time for an appeal pursuant to subdivision (b) of Section
2635710.5 has elapsed.

27begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 35782 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
28read:end insert

29

35782.  

Withinbegin delete 30end deletebegin insert 45end insert daysbegin delete afterend deletebegin insert beforeend insert the close of each school
30year, the county committee shall conduct a public hearing on the
31issues specified in Section 35780. Notice of the public hearing
32shall be given at least 10 days in advancebegin delete thereofend deletebegin insert of the hearingend insert
33 to each member of the governing board of the lapsed district
34immediatelybegin delete prior toend deletebegin insert beforeend insert its lapsation, to each of the governing
35boardsbegin delete whichend deletebegin insert thatend insert adjoin the lapsed district, and to the high school
36district of which the lapsed elementary district is a component.

37begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 35783 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
38read:end insert

39

35783.  

After the hearing,begin insert and at least 30 days before the end
40of the school year,end insert
the county committee shall order the territory
P12   1annexed to one or more adjoining districts as seems to the county
2committee to be in the best interest of the adjoining districts and
3the residents of the lapsed district.

4begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 35786 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
5read:end insert

6

35786.  

An order of a county committee attaching the territory
7of a lapsed school district to one or more adjoining school districts
8shall be effective for all purposes on thebegin insert July 1 afterend insert date of the
9order.begin insert Notwithstanding Section 35534, the effective date of the
10order is not subject to compliance with Section 54900 of the
11Government Code. Compliance with Section 54900 of the
12Government Code is required by December 1 of the year in which
13the order is made.end insert

14begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 42281 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
15read:end insert

16

42281.  

Except as specified inbegin delete paragraph (4),end deletebegin insert subdivision (d),end insert
17 for each elementary school district that maintains only one school
18with a second principal apportionment average daily attendance
19of less than 97, the Superintendent shall make one of the following
20computations, whichever provides the lesser amount:

21(a) For each small school that has an average daily attendance
22during the fiscal year of less than 25, exclusive of pupils attending
23the 7th and 8th grades of a junior high school, and for which school
24at least one teacher was hired full time, the Superintendent shall
25compute for the school district fifty-two thousand nine hundred
26twenty-five dollars ($52,925).

27(b) For each small school that has an average daily attendance
28during the fiscal year of 25 or more and less than 49, exclusive of
29pupils attending the 7th and 8th grades of a junior high school,
30and for which school at least two teachers were hired full time for
31more than one-half of the days schools were maintained, the
32Superintendent shall compute for the school district one hundred
33five thousand eight hundred fifty dollars ($105,850).

34(c) For each small school that has an average daily attendance
35during the fiscal year of 49 or more but less than 73, exclusive of
36pupils attending the 7th and 8th grades of a junior high school,
37and for which school three teachers were hired full time for more
38than one-half of the days schools were maintained, the
39Superintendent shall compute for the school district one hundred
40fifty-eight thousand seven hundred seventy-five dollars ($158,775).

P13   1(d) For each small school that has an average daily attendance
2during the fiscal year of 73 or more and less than 97, exclusive of
3pupils attending the 7th and 8th grades of a junior high school,
4and for which school four teachers were hired full time for more
5than one-half of the days schools were maintained, the
6Superintendent shall compute for the school district two hundred
7eleven thousand seven hundred dollars ($211,700). A school district
8that qualifies under this subdivision may use this funding
9calculation until the local control funding formula allocation
10pursuant to Section 42238.02, as implemented by Section 42238.03,
11per unit of average daily attendance multiplied by the average daily
12attendance produces state aid equal to the small school funding
13formula.

14begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 49558 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
15read:end insert

16

49558.  

(a) All applications and records concerning any
17individual made or kept by any public officer or agency in
18connection with the administration of any provision of this code
19relating to free or reduced-price meal eligibility shall be
20confidential, and may not be open to examination for any purpose
21not directly connected with the administration of any free or
22reduced-price meal program, or any investigation, prosecution, or
23criminal or civil proceeding conducted in connection with the
24administration of any free or reduced-price meal program.

25(b) Notwithstanding subdivision (a), a public officer or agency
26may allowbegin delete the use byend delete school district employees, who are authorized
27by the governing board of the school district,begin delete records pertaining
28to pupil participation in any free or reduced-price meal program
29solely for the purposeend delete
begin insert to disclose from the individual meal records
30only the pupilend insert
begin insert’s name and school meal eligibility status, solely for
31purposesend insert
of disaggregation of academic achievement data or to
32identify pupils eligible for public school choice and supplemental
33educational services pursuant to the federal No Child Left Behind
34Act of 2001 (P.L. 107-110), if the public agency ensures the
35following:

36(1) The public agency has adopted a policy that allows for the
37use of individual records for these purposes.

38(2) No individual indicators of participation in any free or
39reduced-price meal program are maintained in the permanent record
40of any pupil, unless otherwise allowed by law.

P14   1(3) No public release of information regarding individual pupil
2participation in any free or reduced-price meal program is
3permitted.

4(4) All other confidentiality provisions required by law are met.

5(5) The information collected regarding individual pupils
6certified to participate in the free or reduced-price meal program
7is destroyed when it is no longer needed for its intended purpose.

8(c) Notwithstanding subdivision (a), the school districts and
9county superintendents of schools may release information on the
10School Lunch Program application to the local agency that
11determines eligibility under the Medi-Cal program if the child is
12approved for free meals and if the applicant consents to the sharing
13of information pursuant to Section 49557.2.

14(d) Notwithstanding subdivision (a), the school districts and
15county superintendents of schools may release information on the
16School Lunch Program application to the local agency that
17determines eligibility under the CalFresh program or to an agency
18that determines eligibility for nutrition assistance programs
19authorized by Chapter 2 (commencing with Section 210.1) of
20Subtitle B of Title 7 of the Code of Federal Regulations, if the
21child is approved for free or reduced-price meals and if the
22applicant consents to the sharing of information pursuant to Section
2349557.3.

begin insert

24(e) Notwithstanding subdivision (a), school districts, charter
25schools, and county offices of educations may release eligibility
26information on enrolled pupils participating in the free or
27reduced-price meal program to the Superintendent for purposes
28of determining funding allocations under the local control funding
29 formula and for assessing the accountability of that funding.

end insert
begin insert

30(f) Information released pursuant to subdivision (c), (d) or (e)
31shall adhere to all of the following requirements:

end insert
begin insert

32(1) Individual indicators of participation in a free or
33reduced-price meal program shall not be maintained in the
34permanent record of any pupil, unless otherwise authorized by
35law.

end insert
begin insert

36(2) The public release of information regarding individual pupil
37participation in a free or reduced-price meal program is not
38permitted.

end insert
begin insert

39(3) All other confidentiality requirements imposed by law or
40regulation are met.

end insert
P15   1begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 52060 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert

3

52060.  

(a) On or before July 1, 2014, the governing board of
4each school district shall adopt a local control and accountability
5plan using a template adopted by the state board.

6(b) A local control and accountability plan adopted bybegin delete aend deletebegin insert theend insert
7 governing board of a school district shall be effective for a period
8of three years, and shall be updated on or before July 1 of each
9year.

10(c) A local control and accountability plan adopted bybegin delete aend deletebegin insert theend insert
11 governing board of a school district shall include, for the school
12district and each school within the school district, both of the
13following:

14(1) A description of the annual goals, for all pupils and each
15subgroup of pupils identified pursuant to Section 52052, to be
16achieved for each of the state priorities identified in subdivision
17(d) and for any additional local priorities identified by the
18governing board of the school district. For purposes of this article,
19a subgroup of pupils identified pursuant to Section 52052 shall be
20a numerically significant pupil subgroup as specified in paragraphs
21(2) and (3) of subdivision (a) of Section 52052.

22(2) A description of the specific actions the school district will
23take during each year of the local control and accountability plan
24to achieve the goals identified in paragraph (1), including the
25enumeration of any specific actions necessary for that year to
26correct any deficiencies in regard to the state priorities listed in
27paragraph (1) of subdivision (d). The specific actions shall not
28supersede the provisions of existing local collective bargaining
29agreements within the jurisdiction of the school district.

30(d) All of the following are state priorities:

31(1) The degree to which the teachers of the school district are
32appropriately assigned in accordance with Section 44258.9, and
33fully credentialed in the subject areas, and, for the pupils they are
34teaching, every pupil in the school district has sufficient access to
35the standards-aligned instructional materials as determined pursuant
36to Section 60119, and school facilities are maintained in good
37repairbegin insert,end insert asbegin delete specifiedend deletebegin insert definedend insert in subdivision (d) of Section 17002.

38(2) Implementation of the academic content and performance
39standards adopted by the state board, including how the programs
40and services will enable English learners to access the common
P16   1core academic content standards adopted pursuant to Section
260605.8 and the English language development standards adopted
3pursuant tobegin delete Section 60811.3end deletebegin insert former Section 60811.3, as that section
4read on June 30, 2013, or Section 60811.4,end insert
for purposes of gaining
5academic content knowledge and English language proficiency.

6(3) Parental involvement, including efforts the school district
7makes to seek parent input in making decisions for the school
8district and each individual schoolsite, and including how the
9school district will promote parental participation in programs for
10unduplicated pupils and individuals with exceptional needs.

11(4) Pupil achievement, as measured by all of the following, as
12applicable:

13(A) Statewide assessments administered pursuant to Article 4
14(commencing with Section 60640) of Chapter 5 of Part 33 or any
15subsequent assessment, as certified by the state board.

16(B) The Academic Performance Index, as described in Section
1752052.

18(C) The percentage of pupils who have successfully completed
19courses that satisfy the requirements for entrance to the University
20of California and the California State University, or career technical
21education sequences or programs of study that align with state
22board-approved career technical educational standards and
23frameworks, including, but not limited to, those described in
24subdivision (a) of Section 52302, subdivision (a) of Section
2552372.5, or paragraph (2) of subdivision (e) of Section 54692.

26(D) The percentage of English learner pupils who make progress
27toward English proficiency as measured by the California English
28Language Development Test or any subsequent assessment of
29English proficiency, as certified by the state board.

30(E) The English learner reclassification rate.

31(F) The percentage of pupils who have passed an advanced
32placement examination with a score of 3 or higher.

33(G) The percentage of pupils who participate in, and demonstrate
34college preparedness pursuant to, the Early Assessment Program,
35as described in Chapter 6 (commencing with Section 99300) of
36Part 65 of Division 14 of Title 3, or any subsequent assessment of
37college preparedness.

38(5) Pupil engagement, as measured by all of the following, as
39applicable:

40(A) School attendance rates.

P17   1(B) Chronic absenteeism rates.

2(C) Middle school dropout rates, as described in paragraph (3)
3of subdivision (a) of Section 52052.1.

4(D) High school dropout rates.

5(E) High school graduation rates.

6(6) School climate, as measured by all of the following, as
7 applicable:

8(A) Pupil suspension rates.

9(B) Pupil expulsion rates.

10(C) Other local measures, including surveys of pupils, parents,
11and teachers on the sense of safety and school connectedness.

12(7) The extent to which pupils have access to, and are enrolled
13in, a broad course of study that includes all of the subject areas
14described in Section 51210 and subdivisions (a) to (i), inclusive,
15of Section 51220, as applicable, including the programs and
16services developed and provided to unduplicated pupils and
17individuals with exceptional needs, and thebegin delete programend deletebegin insert programsend insert
18 and services that are provided to benefit these pupils as a result of
19the funding received pursuant to Section 42238.02, as implemented
20by Section 42238.03.

21(8) Pupil outcomes, if available, in the subject areas described
22in Section 51210 and subdivisions (a) to (i), inclusive, of Section
2351220, as applicable.

24(e) For purposes of the descriptions required by subdivision (c),
25begin delete aend deletebegin insert theend insert governing board of a school district may consider qualitative
26information, including, but not limited to, findings that result from
27school quality reviews conducted pursuant to subparagraph (J) of
28paragraph (4) of subdivision (a) of Section 52052 or any other
29reviews.

30(f) To the extent practicable, data reported in a local control and
31accountability plan shall be reported in a manner consistent with
32how information is reported on a school accountability report card.

33(g) begin deleteA end deletebegin insertThe end insertgoverning board of a school district shall consult with
34teachers, principals, administrators, other school personnel, local
35bargaining units of the school district, parents, and pupils in
36developing a local control and accountability plan.

37(h) A school district may identify local priorities, goals in regard
38to the local priorities, and the method for measuring the school
39district’s progress toward achieving those goals.

P18   1begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 56043 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert

3

56043.  

The primary timelines affecting special education
4programs are as follows:

5(a) A proposed assessment plan shall be developed within 15
6calendar days of referral for assessment, not counting calendar
7days between the pupil’s regular school sessions or terms or
8calendar days of school vacation in excess of five schooldays, from
9the date of receipt of the referral, unless the parent or guardian
10agrees in writing to an extension, pursuant to subdivision (a) of
11Section 56321.

12(b) A parent or guardian shall have at least 15 calendar days
13from the receipt of the proposed assessment plan to arrive at a
14decision, pursuant to subdivision (c) of Section 56321.

15(c) Once a child has been referred for an initial assessment to
16determine whether the child is an individual with exceptional needs
17and to determine the educational needs of the child, these
18determinations shall be made, and an individualized education
19program team meeting shall occur within 60 days of receiving
20parental consent for the assessment, pursuant to subdivision (a) of
21Section 56302.1, except as specified in subdivision (b) of that
22section, and pursuant to Section 56344.

23(d) The individualized education program team shall review the
24pupil’s individualized education program periodically, but not less
25frequently than annually, pursuant to subdivision (d) of Section
2656341.1.

27(e) A parent or guardian shall be notified of the individualized
28education program team meeting early enough to ensure an
29opportunity to attend, pursuant to subdivision (b) of Section
3056341.5. In the case of an individual with exceptional needs who
31is 16 years of age or younger, if appropriate, the meeting notice
32shall indicate that a purpose of the meeting will be the
33consideration of the postsecondary goals and transition services
34for the individual with exceptional needs, and the meeting notice
35described in this subdivision shall indicate that the individual with
36exceptional needs is invited to attend, pursuant to subdivision (e)
37of Section 56341.5.

38(f) (1) An individualized education program required as a result
39of an assessment of a pupil shall be developed within a total time
40not to exceed 60 calendar days, not counting days between the
P19   1pupil’s regular school sessions, terms, or days of school vacation
2in excess of five schooldays, from the date of receipt of the parent’s
3or guardian’s written consent for assessment, unless the parent or
4guardian agrees in writing to an extension, pursuant to Section
556344.

6(2) A meeting to develop an initial individualized education
7program for the pupil shall be conducted within 30 days of a
8determination that the child needs special education and related
9services pursuant to Section 300.323(c)(1) of Title 34 of the Code
10of Federal Regulations and in accordance with Section 56344.

11(g) (1) Beginning not later than the first individualized
12education program to be in effect when the pupil is 16 years of
13age, or younger if determined appropriate by the individualized
14education program team, and updated annually thereafter, the
15individualized education program shall include appropriate
16measurable postsecondary goals and transition services needed to
17assist the pupil in reaching those goals, pursuant to paragraph (8)
18of subdivision (a) of Section 56345.

19(2) The individualized education program for pupils in grades
207 to 12, inclusive, shall include any alternative means and modes
21necessary for the pupil to complete the district’s prescribed course
22of study and to meet or exceed proficiency standards for graduation,
23pursuant to paragraph (1) of subdivision (b) of Section 56345.

24(3) Beginning not later than one year before the pupil reaches
25the age of 18 years, the individualized education program shall
26contain a statement that the pupil has been informed of the pupil’s
27rights under this part, if any, that will transfer to the pupil upon
28reaching the age of 18 years, pursuant to Section 56041.5,
29subdivision (g) of Section 56345, and Section 300.520 of Title 34
30of the Code of Federal Regulations.

31(h) Beginning at the age of 16 years or younger, and annually
32thereafter, a statement of needed transition services shall be
33included in the pupil’s individualized education program, pursuant
34to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20
35of the United States Code.

36(i) A pupil’s individualized education program shall be
37implemented as soon as possible following the individualized
38education program team meeting, pursuant to Section 300.323(c)(2)
39of Title 34 of the Code of Federal Regulations and in accordance
40with Section 56344.

P20   1(j) An individualized education program team shall meet at least
2annually to review a pupil’s progress, the individualized education
3program, including whether the annual goals for the pupil are being
4achieved, the appropriateness of the placement, and to make any
5necessary revisions, pursuant to subdivision (d) of Section 56343.
6The local educational agency shall maintain procedures to ensure
7that the individualized education program team reviews the pupil’s
8individualized education program periodically, but not less
9frequently than annually, to determine whether the annual goals
10for the pupil are being achieved, and revises the individualized
11education program as appropriate to address, among other matters,
12the provisions specified in subdivision (d) of Section 56341.1,
13pursuant to subdivision (a) of Section 56380.

14(k) A reassessment of a pupil shall occur not more frequently
15than once a year, unless the parent and the local educational agency
16agree otherwise in writing, and shall occur at least once every three
17years, unless the parent and the local educational agency agree, in
18writing, that a reassessment is unnecessary, pursuant to Section
1956381, and in accordance with Section 1414(a)(2) of Title 20 of
20the United States Code.

21(l) A meeting of an individualized education program team
22requested by a parent or guardian to review an individualized
23education program pursuant to subdivision (c) of Section 56343
24shall be held within 30 calendar days, not counting days between
25the pupil’s regular school sessions, terms, or days of school
26vacation in excess of five schooldays, from the date of receipt of
27the parent’s or guardian’s written request, pursuant to Section
2856343.5.

29(m) If an individual with exceptional needs transfers from
30district to district within the state, the following are applicable
31pursuant to Section 56325:

32(1) If the child has an individualized education program and
33transfers into a district from a district not operating programs under
34the same local plan in which he or she was last enrolled in a special
35education program within the same academic year, the local
36educational agency shall provide the pupil with a free appropriate
37public education, including services comparable to those described
38in the previously approved individualized education program, in
39consultation with the parents or guardians, for a period not to
40exceed 30 days, by which time the local educational agency shall
P21   1adopt the previously approved individualized education program
2or shall develop, adopt, and implement a new individualized
3education program that is consistent with federal and state law,
4pursuant to paragraph (1) of subdivision (a) of Section 56325.

5(2) If the child has an individualized education program and
6transfers into a district from a district operating programs under
7the same special education local plan area of the district in which
8he or she was last enrolled in a special education program within
9the same academic year, the new district shall continue, without
10delay, to provide services comparable to those described in the
11existing approved individualized education program, unless the
12parent and the local educational agency agree to develop, adopt,
13and implement a new individualized education program that is
14consistent with state and federal law, pursuant to paragraph (2) of
15subdivision (a) of Section 56325.

16(3) If the child has an individualized education program and
17transfers from an educational agency located outside the state to
18a district within the state within the same academic year, the local
19educational agency shall provide the pupil with a free appropriate
20public education, including services comparable to those described
21in the previously approved individualized education program, in
22consultation with the parents or guardians, until the local
23educational agency conducts an assessment as specified in
24paragraph (3) of subdivision (a) of Section 56325.

25(4) In order to facilitate the transition for an individual with
26exceptional needs described in paragraphs (1) to (3), inclusive, the
27new school in which the pupil enrolls shall take reasonable steps
28to promptly obtain the pupil’s records, as specified, pursuant to
29subdivision (b) of Section 56325.

30(n) The parent or guardian shall have the right and opportunity
31to examine all school records of the child and to receive complete
32copies within five business days after a request is made by the
33parent or guardian, either orally or in writing, and before any
34meeting regarding an individualized education program of his or
35her child or any hearing or resolution session pursuant to Chapter
365 (commencing with Section 56500), in accordance with Section
3756504 and Chapter 6.5 (commencing with Section 49060) of Part
3827.

39(o) Upon receipt of a request from a local educational agency
40where an individual with exceptional needs has enrolled, a former
P22   1educational agency shall send the pupil’s special education records,
2or a copybegin delete thereof,end deletebegin insert of those records,end insert to the new local educational
3agency within five working days, pursuant to subdivision (a) of
4Section 3024 of Title 5 of the California Code of Regulations.

5(p) The department shall do all of the following:

6(1) Have a time limit of 60 calendar days after a complaint is
7filed with the state educational agency to investigate the complaint.

8(2) Give the complainant the opportunity to submit additional
9information about the allegations in the complaint.

10(3) Review all relevant information and make an independent
11determination as to whether there is a violation of a requirement
12of this part or Part B of the federal Individuals with Disabilities
13Education Act (20 U.S.C. Sec. 1400 et seq.).

14(4) Issue a written decision pursuant to Section 300.152(a)(5)
15of Title 34 of the Code of Federal Regulations.

16(q) A prehearing mediation conference shall be scheduled within
1715 calendar days of receipt by the Superintendent of the request
18for mediation, and shall be completed within 30 calendar days
19after the request for mediation, unless both parties to the prehearing
20mediation conference agree to extend the time for completing the
21mediation, pursuant to Section 56500.3.

22(r) Any request for a due process hearing arising from
23subdivision (a) of Section 56501 shall be filed within two years
24from the date the party initiating the request knew or had reason
25to know of facts underlying the basis for the request, except that
26this timeline shall not apply to a parent if the parent was prevented
27from requesting the due process hearing, pursuant to subdivision
28(l) of Section 56505.

29(s) The Superintendent shall ensure that, within 45 calendar
30days after receipt of a written due process hearing request, the
31hearing is immediately commenced and completed, including any
32mediation requested at any point during the hearing process, and
33a final administrative decision is rendered, pursuant to subdivision
34(f) of Section 56502.

35(t) If either party to a due process hearing intends to be
36represented by an attorney in the due process hearing, notice of
37that intent shall be given to the other party at least 10 calendar
38daysbegin delete prior toend deletebegin insert beforeend insert the hearing, pursuant to subdivision (a) of
39Section 56507.

P23   1(u) Any party to a due process hearing shall have the right to
2be informed by the other parties to the hearing, at least 10 calendar
3daysbegin delete prior toend deletebegin insert beforeend insert the hearing, as to what those parties believe
4are the issues to be decided at the hearing and their proposed
5resolution of those issues, pursuant to paragraph (6) of subdivision
6(e) of Section 56505.

7(v) Any party to a due process hearing shall have the right to
8receive from other parties to the hearing, at least five business days
9begin delete prior toend deletebegin insert beforeend insert the hearing, a copy of all documents, including all
10assessments completed and not completed by that date, and a list
11of all witnesses and their general area of testimony that the parties
12intend to present at the hearing, pursuant to paragraph (7) of
13subdivision (e) of Section 56505.

14(w) An appeal of a due process hearing decision shall be made
15within 90 calendar days of receipt of the hearing decision, pursuant
16to subdivision (k) of Section 56505.

begin delete

17(x) When an individualized education program calls for a
18residential placement as a result of a review by an expanded
19individualized education program team, the individualized
20education program shall include a provision for a review, at least
21every six months, by the full individualized education program
22team of all of the following pursuant to paragraph (2) of
23subdivision (c) of Section 7572.5 of the Government Code:

end delete
begin delete

24(1) The case progress.

end delete
begin delete

25(2) The continuing need for out-of-home placement.

end delete
begin delete

26(3) The extent of compliance with the individualized education
27program.

end delete
begin delete

28(4) Progress toward alleviating the need for out-of-home care.

end delete
begin delete

29(y)

end delete

30begin insert(x)end insert A complaint filed with the department shall allege a violation
31of the federal Individuals with Disabilities Education Act (20
32U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred
33not more than one yearbegin delete prior toend deletebegin insert beforeend insert the date that the complaint
34is received by the department, pursuant to Section 56500.2 and
35Section 300.153(c) of Title 34 of the Code of Federal Regulations.

36begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 56363.5 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
37

56363.5.  

Local educational agencies may seek, either directly
38or through the pupil’s parents or guardians, reimbursement from
39insurance companies to cover the costs of related services, in
P24   1accordance with Section 300.154(d) to (h), inclusive, of the Code
2of Federal Regulations.

end delete
3begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 56363.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert56363.5.end insert  

Pursuant to Section 300.154(d)(2)(iv) and (v) of Title
634 of the Code of Federal Regulations, if an individual with
7exceptional needs is covered by public benefits or insurance, a
8public agency may use Medicaid, other public benefits, or
9insurance programs in which a pupil participates to provide or
10pay for the services required by this part, the federal Individuals
11with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and
12Part 300 of Title 34 of the Code of Federal Regulations, if both of
13the following conditions are met:

14(a) The public agency provides written notification to the pupil’s
15parents.

16(b) The public agency obtains written parental consent before
17accessing the pupil’s or parents’ public benefits or insurance for
18the first time, and annually thereafter.

end insert
19begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 56366.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended
20to read:end insert

21

56366.1.  

(a) A nonpublic, nonsectarian school or agency that
22seeks certification shall file an application with the Superintendent
23on forms provided by the department, and shall include all of the
24following information on the application:

25(1) A description of the special education and designated
26instruction and services provided to individuals with exceptional
27needs if the application is for nonpublic, nonsectarian school
28certification.

29(2) A description of the designated instruction and services
30provided to individuals with exceptional needs if the application
31is for nonpublic, nonsectarian agency certification.

32(3) A list of appropriately qualified staff, a description of the
33credential, license, or registration that qualifies each staff member
34rendering special education or designated instruction and services
35to do so, and copies of their credentials, licenses, or certificates of
36registration with the appropriate state or national organization that
37has established standards for the service rendered.

38(4) An annual operating budget.

39(5) Affidavits and assurances necessary to comply with all
40applicable federal, state, and local laws and regulations that include
P25   1criminal record summaries required of all nonpublic, nonsectarian
2school or agency personnel having contact with minor children
3under Section 44237.

4(b) (1) The applicant shall provide the special education local
5plan area in which the applicant is located with the written
6 notification of its intent to seek certification or renewal of its
7certification. Thebegin delete applicant shall submit on a form, developed by
8the department, a signed verification byend delete
local educational agency
9representativesbegin insert shall acknowledgeend insert that they have been notified of
10the intent to certify or renew certification. Thebegin delete verificationend delete
11begin insert acknowledgmentend insert shall include a statement that representatives of
12the local educational agency for the area in which the applicant is
13located have had the opportunity to review the application at least
1460 calendar days before submission of an initial application to the
15Superintendent, or at least 30 calendar days before submission of
16a renewal application to the Superintendent. Thebegin delete signed verificationend delete
17begin insert acknowledgmentend insert shall provide assurances that local educational
18agency representatives have had the opportunity to provide input
19on all required components of the application.

20(2) If thebegin delete applicant has not received a response from theend delete local
21educational agencybegin insert has not acknowledged an applicant’s intent to
22be certifiedend insert
60 calendar days from the date ofbegin delete the return receiptend delete
23begin insert submissionend insert for initial applications or 30 calendar days from the
24date of the return receipt for renewal applications, the applicant
25may file the application with the Superintendent. begin delete A copy of the
26return receipt shall be included with the application as verification
27of notification efforts to the local educational agency.end delete

28(3) The department shallbegin delete mailend deletebegin insert provide electronic notification
29of the availability ofend insert
renewal application materials to certified
30nonpublic, nonsectarian schools and agencies at least 120 days
31before the date their current certification expires.

32(c) If the applicant operates a facility or program on more than
33one site, each site shall be certified.

34(d) If the applicant is part of a larger program or facility on the
35same site, the Superintendent shall consider the effect of the total
36program on the applicant. A copy of the policies and standards for
37the nonpublic, nonsectarian school or agency and the larger
38program shall be available to the Superintendent.

39(e) (1) Before certification, the Superintendent shall conduct
40an onsite review of the facility and program for which the applicant
P26   1seeks certification. The Superintendent may be assisted by
2representatives of the special education local plan area in which
3the applicant is located and a nonpublic, nonsectarian school or
4agency representative who does not have a conflict of interest with
5the applicant. The Superintendent shall conduct an additional onsite
6review of the facility and program within three years of the
7effective date of the certification, unless the Superintendent
8conditionally certifies the nonpublic, nonsectarian school or
9agency, or unless the Superintendent receives a formal complaint
10against the nonpublic, nonsectarian school or agency. In the latter
11two cases, the Superintendent shall conduct an onsite review at
12least annually.

13(2) In carrying out this subdivision, the Superintendent may
14verify that the nonpublic, nonsectarian school or agency has
15received a successful criminal background check clearance and
16has enrolled in subsequent arrest notice service, pursuant to Section
1744237, for each owner, operator, and employee of the nonpublic,
18nonsectarian school or agency.

19(f) The Superintendent shall make a determination on an
20application within 120 days of receipt of the application and shall
21certify, conditionally certify, or deny certification to the applicant.
22If the Superintendent fails to take one of these actions within 120
23days, the applicant is automatically granted conditional certification
24for a period terminating on August 31 of the current school year.
25If certification is denied, the Superintendent shall provide reasons
26for the denial. The Superintendent shall not certify the nonpublic,
27nonsectarian school or agency for a period longer than one year.

28(g) Certification becomes effective on the date the nonpublic,
29nonsectarian school or agency meets all the application
30requirements and is approved by the Superintendent. Certification
31may be retroactive if the nonpublic, nonsectarian school or agency
32met all the requirements of this section on the date the retroactive
33certification is effective. Certification expires on December 31 of
34the terminating year.

35(h) The Superintendent annually shall review the certification
36of each nonpublic, nonsectarian school and agency. For this
37purpose, a certified nonpublic, nonsectarian school or agency
38annually shall update its application between August 1 and October
3931, unless the state board grants a waiver pursuant to Section
P27   156101. The Superintendent may conduct an onsite review as part
2of the annual review.

3(i) (1) The Superintendent shall conduct an investigation of a
4nonpublic, nonsectarian school or agency onsite at any time without
5prior notice if there is substantial reason to believe that there is an
6immediate danger to the health, safety, or welfare of a child. The
7Superintendent shall document the concern and submit it to the
8nonpublic, nonsectarian school or agency at the time of the onsite
9investigation. The Superintendent shall require a written response
10to any noncompliance or deficiency found.

11(2) With respect to a nonpublic, nonsectarian school, the
12Superintendent shall conduct an investigation, which may include
13an unannounced onsite visit, if the Superintendent receives
14evidence of a significant deficiency in the quality of educational
15services provided, a violation of Section 56366.9, or
16noncompliance with the policies expressed by subdivision (b) of
17Section 1501 of the Health and Safety Code by the nonpublic,
18nonsectarian school. The Superintendent shall document the
19complaint and the results of the investigation and shall provide
20copies of the documentation to the complainant, the nonpublic,
21nonsectarian school, and the contracting local educational agency.

22(3) Violations or noncompliance documented pursuant to
23paragraph (1) or (2) shall be reflected in the status of the
24certification of the nonpublic, nonsectarian school or agency, at
25the discretion of the Superintendent, pending an approved plan of
26correction by the nonpublic, nonsectarian school or agency. The
27department shall retain for a period of 10 years all violations
28pertaining to certification of the nonpublic, nonsectarian school
29or agency.

30(4) In carrying out this subdivision, the Superintendent may
31verify that the nonpublic, nonsectarian school or agency received
32a successful criminal background check clearance and has enrolled
33in subsequent arrest notice service, pursuant to Section 44237, for
34each owner, operator, and employee of the nonpublic, nonsectarian
35school or agency.

36(j) The Superintendent shall monitor the facilities, the
37educational environment, and the quality of the educational
38program, including the teaching staff, the credentials authorizing
39service, the standards-based core curriculum being employed, and
40the standard-focused instructional materials used, of an existing
P28   1certified nonpublic, nonsectarian school or agency on a three-year
2cycle, as follows:

3(1) The nonpublic, nonsectarian school or agency shall complete
4a self-review in year one.

5(2) The Superintendent shall conduct an onsite review of the
6 nonpublic, nonsectarian school or agency in year two.

7(3) The Superintendent shall conduct a followup visit to the
8nonpublic, nonsectarian school or agency in year three.

9(k) (1) Notwithstanding any other law, the Superintendent shall
10not certify a nonpublic, nonsectarian school or agency that proposes
11to initiate or expand services to pupils currently educated in the
12immediate prior fiscal year in a juvenile court program, community
13school pursuant to Section 56150, or other nonspecial education
14program, including independent study or adult school, or both,
15unless the nonpublic, nonsectarian school or agency notifies the
16county superintendent of schools and the special education local
17plan area in which the proposed new or expanded nonpublic,
18nonsectarian school or agency is located of its intent to seek
19certification.

20(2) The notification shall occur no later than the December 1
21before the new fiscal year in which the proposed or expanding
22school or agency intends to initiate services. The notice shall
23include the following:

24(A) The specific date upon which the proposed nonpublic,
25nonsectarian school or agency is to be established.

26(B) The location of the proposed program or facility.

27(C) The number of pupils proposed for services, the number of
28pupils currently served in the juvenile court, community school,
29or other nonspecial education program, the current school services
30including special education and related services provided for these
31pupils, and the specific program of special education and related
32services to be provided under the proposed program.

33(D) The reason for the proposed change in services.

34(E) The number of staff who will provide special education and
35designated instruction and services and hold a current valid
36California credential or license in the service rendered.

37(3) In addition to the requirements in subdivisions (a) to (f),
38inclusive, the Superintendent shall require and consider the
39following in determining whether to certify a nonpublic,
40nonsectarian school or agency as described in this subdivision:

P29   1(A) A complete statement of the information required as part
2of the notice under paragraph (1).

3(B) Documentation of the steps taken in preparation for the
4conversion to a nonpublic, nonsectarian school or agency, including
5information related to changes in the population to be served and
6the services to be provided pursuant to each pupil’s individualized
7education program.

8(4) Notwithstanding any other law, the certification becomes
9effective no earlier than July 1 if the nonpublic, nonsectarian school
10or agency provided the notification required pursuant to paragraph
11(1).

12(l) (1) Notwithstanding any other law, the Superintendent shall
13not certify or renew the certification of a nonpublic, nonsectarian
14school or agency, unless all of the following conditions are met:

15(A) The entity operating the nonpublic, nonsectarian school or
16agency maintains separate financial records for each entity that it
17operates, with each nonpublic, nonsectarian school or agency
18identified separately from any licensed children’s institution that
19it operates.

20(B) The entity submits an annual budget that identifies the
21projected costs and revenues for each entity and demonstrates that
22the rates to be charged are reasonable to support the operation of
23the entity.

24(C) The entity submits an entitywide annual audit that identifies
25its costs and revenues, by entity, in accordance with generally
26accepted accounting and auditing principles. The audit shall clearly
27document the amount of moneys received and expended on the
28educational program provided by the nonpublic, nonsectarian
29school.

30(D) The relationship between various entities operated by the
31same entity are documented, defining the responsibilities of the
32entities. The documentation shall clearly identify the services to
33be provided as part of each program, for example, the residential
34or medical program, the mental health program, or the educational
35program. The entity shall not seek funding from a public agency
36for a service, either separately or as part of a package of services,
37if the service is funded by another public agency, either separately
38or as part of a package of services.

39(2) For purposes of this section, “licensed children’s institution”
40has the same meaning as it is defined by Section 56155.5.

P30   1(m) begin insert(1)end insertbegin insertend insert The nonpublic, nonsectarian school or agency shall be
2charged a reasonable fee for certification. The Superintendent may
3adjust the fee annually commensurate with the statewide average
4percentage inflation adjustment computed for local control funding
5formula allocations pursuant to Section 42238.02, as implemented
6by Section 42238.03, of unified school districts with greater than
71,500 units of average daily attendance if the percentage increase
8is reflected in the school district local control funding formula
9allocation pursuant to Section 42238.02, as implemented by Section
1042238.03, for inflation purposes. For purposes of this section, the
11base fee shall be the following:


12

 

(1)1-5 pupils   

$  300

(2)6-10 pupils   

500

(3)11-24 pupils   

1,000

(4)25-75 pupils   

1,500

(5)76 pupils and over   

2,000

P30  18

 

begin delete

19The

end delete

20begin insert(2)end insertbegin insertend insertbegin insertTheend insert nonpublic, nonsectarian school or agency shall pay this
21fee when it applies for certification and when it updates its
22application for annual renewal by the Superintendent. The
23Superintendent shall use these fees to conduct onsite reviews,
24which may include field experts. A fee shall not be refunded if the
25application is withdrawn or is denied by the Superintendent.

26(n) (1) Notwithstanding any other law, only those nonpublic,
27nonsectarian schools and agencies that provide special education
28and designated instruction and services using staff who hold a
29certificate, permit, or other document equivalent to that which staff
30in a public school are required to hold in the service rendered are
31eligible to receive certification. Only those nonpublic, nonsectarian
32schools or agencies located outside of California that employ staff
33who hold a current valid credential or license to render special
34education and related services as required by that state shall be
35eligible to be certified.

36(2) The state board shall develop regulations to implement this
37subdivision.

38(o) In addition to meeting the standards adopted by the state
39board, a nonpublic, nonsectarian school or agency shall provide
P31   1written assurances that it meets all applicable standards relating
2to fire, health, sanitation, and building safety.

3(p) (1) Notwithstanding subdivision (n) of Section 44237, and
4for purposes of enabling the Superintendent to carry out his or her
5duties pursuant to this section, a nonpublic, nonsectarian school
6or agency shall, upon demand, make available to the
7 Superintendent evidence of a successful criminal background check
8clearance and enrollment in subsequent arrest notice service,
9conducted pursuant to Section 44237, for each owner, operator,
10and employee of the nonpublic, nonsectarian school or agency.

11(2) The nonpublic, nonsectarian school or agency shall retain
12the evidence and store it in a locked file separate from other files.

13begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 56440 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert

15

56440.  

(a) Each special education local plan area shall submit
16begin delete a plan to the Superintendent by September 1, 1987,end deletebegin insert to the
17Superintendent, as part of the local plan, informationend insert
for providing
18special education and services to individuals with exceptional
19needs, as definedbegin delete by the board,end deletebegin insert in Section 56026,end insert who are between
20the ages of three and five years,begin delete inclusive, and do not require
21intensive special education and services, but who would be eligible
22for special education and services under Title II of the Education
23of the Handicapped Act Amendments of 1986, Public Law 99-457
24(20 U.S.C. Secs. 1411, 1412, 1413, and 1419).end delete
begin insert inclusive.end insert

begin delete

25(b) The Superintendent shall provide for a five-year phase-in
26of the individuals with exceptional needs qualifying for special
27education and services under Public Law 99-457 who do not
28require intensive special education and services, through an
29application process to be developed by the Superintendent.

end delete
begin delete

30(c)

end delete

31begin insert(b)end insert All individuals with exceptional needs between the ages of
32three and five years, inclusive, identified in subdivision (a) shall
33be served by the local educational agencies within each special
34education local planbegin delete area by June 30, 1992,end deletebegin insert area,end insert to the extent
35required under federal law and pursuant to the local plan and
36application approved by the Superintendent.

begin delete

37(d)

end delete

38begin insert(c)end insert Individuals with exceptional needs between the ages of three
39and five years, inclusive, who are identified by the local educational
40agency as requiring special education and services, as defined by
P32   1the board, shall be eligible for special education and services
2pursuant to this part and shall not be subject to any phase-in plan.

begin delete

3(e) In special education local plan areas where individuals with
4exceptional needs between the ages of three and five, inclusive,
5who do not require intensive special education and services are
6expected to have an increased demand on school facilities as a
7result of projected growth pursuant to this chapter, the special
8education local plan area director shall submit a written report on
9the impacted local educational agencies to the State Allocation
10Board by December 1, 1987. The State Allocation Board shall
11assess the situation and explore ways of resolving the school
12facilities impaction situation.

end delete
begin delete

13(f) The Superintendent shall provide technical assistance to local
14educational agencies in order to help identify suitable alternative
15instructional settings to alleviate the school facilities impaction
16situation. Alternative instructional settings may include, but are
17not limited to, state preschool programs and the child’s home.
18Nothing in this chapter shall cause the displacement of children
19currently enrolled in these settings.

end delete
begin delete

20(g)

end delete

21begin insert(d)end insert Special education facilities operated by local educational
22agencies serving children under this chapter and Chapter 4.4
23(commencing with Section 56425) shall meet all applicable
24standards relating to fire, health, sanitation, and building safety,
25but are not subject to Chapter 3.4 (commencing with Section
261596.70), 3.5 (commencing with Section 1596.90), or 3.6
27(commencing with Section 1597.30) of Division 2 of the Health
28and Safety Code.

begin delete

29(h)

end delete

30begin insert(e)end insert This chapter applies to all individuals with exceptional needs
31between the ages of three and five years, inclusive.

32begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 60603 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
33read:end insert

34

60603.  

As used in this chapter:

35(a) “Achievement level descriptors” means a narrative
36description of the knowledge, skills, and processes expected of
37pupils at different grade levels and at different performance levels
38on achievement tests.

P33   1(b) “Achievement test” means any summative standardized test
2that measures the level of performance that a pupil has achieved
3on state-adopted content standards.

begin insert

4(c) “California Assessment of Student Performance and
5Progress (CAASPP)” means the comprehensive assessment system,
6inclusive of consortium-developed assessments, that has the
7primary purpose of modeling and promoting high-quality teaching
8and instruction using a variety of assessment approaches and item
9types.

end insert
begin delete

10(c)

end delete

11begin insert(d)end insert “Census administration” means a test administration in which
12all pupils take comparable assessments of the same content and
13where results of individual performance are appropriate and
14meaningful to parents, pupils, and teachers.

begin delete

15(d)

end delete

16begin insert(e)end insert “Computer-adaptive assessment” means a computer-based
17test that utilizes a computer program to adjust the difficulty of test
18items throughout a testing session based on a test taker’s responses
19to previous test items during that testing session.

begin delete

20(e)

end delete

21begin insert(f)end insert “Computer-based assessment” means a test administered
22using an electronic computing device.

begin delete

23(f)

end delete

24begin insert(g)end insert “Consortium” means a multistate collaborative organized
25to develop a comprehensive system of assessments or formative
26tools such as described in Section 60605.7.

begin delete

27(g)

end delete

28begin insert(h)end insert “Constructed-response questions” means a type of
29assessment item that requires pupils to construct their own answers.

begin delete

30(h)

end delete

31begin insert(i)end insert “Content standards” means the specific academic knowledge,
32skills, and abilities that all public schools in this state are expected
33to teach, and all pupils are expected to learn, in reading, writing,
34mathematics, history-social science, foreign languages, visual and
35performing arts, and science, at each grade level tested.

begin delete

36(i)

end delete

37begin insert(j)end insert “Diagnostic assessment” means an assessment of particular
38knowledge or skills a pupil has or has not yet achieved for the
39purpose of informing instruction and making placement decisions.

begin delete

40(j)

end delete

P34   1begin insert(k)end insert “End of coursebegin delete exam”end deletebegin insert examination”end insert means a comprehensive
2and challenging assessment of pupil achievement in a particular
3subject area or discipline.

begin delete

4(k)

end delete

5begin insert(l)end insert “Field test” means an assessment or assessment items
6administered to a representative sample of a population to ensure
7that the test or item produces results that are valid, reliable, and
8fair.

begin delete

9(l)

end delete

10begin insert(m)end insert “Formative assessment tools” means assessment tools and
11processes that are embedded in instruction and used by teachers
12and pupils to provide timely feedback for purposes of adjusting
13instruction to improve learning.

begin delete

14(m)

end delete

15begin insert(n)end insert “High-quality assessment” means an assessment designed
16to measure a pupil’s knowledge of, understanding of, and ability
17to apply, critical concepts through the use of a variety of item types
18and formats, including, but not necessarily limited to, items that
19allow for constructed responses and items that require the
20completion of performance tasks. A high-quality assessment should
21have the following characteristics:

22(1) Enable measurement of pupil achievement and pupil growth
23to the extent feasible.

24(2) Be of high technical quality by being valid, reliable, fair,
25and aligned to standards.

26(3) Incorporate technology where appropriate.

27(4) Include the assessment of pupils with disabilities and English
28learners.

29(5) Use, to the extent feasible, universal design principles, as
30defined in Section 3 of the federal Assistive Technology Act of
311998 (29 U.S.C. Sec. 3002) in its development and administration.

begin delete

32(n)

end delete

33begin insert(o)end insert “Interim assessment” means an assessment that is designed
34to be given at regular intervals throughout the school year to
35evaluate a pupil’s knowledge and skills relative to a specific set
36of academic standards, and produces results that can be aggregated
37by course, grade level, school, or local educational agency in order
38to inform teachers and administrators at the pupil, classroom,
39school, and local educational agency levels.

begin delete

40(o)

end delete

P35   1begin insert(p)end insert “Local educational agency” means a county office of
2education, school district, state special school, or direct-funded
3charter school as described in Section 47651.

begin delete

4(p)

end delete

5begin insert(q)end insert “Matrix sampling” means administering different portions
6of a single assessment to different groups of pupils for the purpose
7of sampling a broader representation of content and reducing
8testing time.

begin delete

9(q) “Measurement of Academic Performance and Progress
10(MAPP)” means the comprehensive assessment system, inclusive
11of consortium-developed assessments, that has the primary purpose
12of modeling and promoting high-quality teaching and instruction
13using a variety of assessment approaches and item types.

end delete

14(r) “Performance standards” are standards that define various
15levels of competence at each grade level in each of the curriculum
16areas for which content standards are established. Performance
17standards gauge the degree to which a pupil has met the content
18standards and the degree to which a school or school district has
19met the content standards.

20(s) “Performance tasks” are a collection of questions or activities
21that relate to a single scenario that include pupil interaction with
22stimulus. Performance tasks are a means to assess more complex
23skills such as writing, research, and analysis.

24(t) “Personally identifiable information” includes a pupil’s name
25and other direct personal identifiers, such as the pupil’s
26identification number. Personally identifiable information also
27includes indirect identifiers, such as the pupil’s address and
28personal characteristics, or other information that would make the
29pupil’s identity easily traceable through the use of a single or
30multiple data sources, including publicly available information.

31(u) “Population sampling” means administering assessments to
32a representative sample of pupils instead of the entire pupil
33population. The sample of pupils shall be representative in terms
34of various pupil subgroups, including, but not necessarily limited
35to, English learners and pupils with disabilities.

36(v) “Recently arrived English learner” means a pupil designated
37as an English learner who is in his or her first 12 months of
38attending a school in the United States.

39(w) “State-determined assessment calendar” means the
40scheduling of assessments, exclusive of those subject area
P36   1assessments listed in subdivision (b) of Section 60640, over several
2years on a predetermined schedule. Content areas and grades shall
3only be assessed after being publicly announced at least two school
4years in advance of the assessment.

5(x) “Summative assessment” means an assessment designed to
6be given near the end of the school year to evaluate a pupil’s
7knowledge and skills relative to a specific set of academic
8standards.

9begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 60604 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
10read:end insert

11

60604.  

(a) The Superintendent shall design and implement,
12consistent with the timetable and plan required pursuant to
13subdivision (b), a statewide pupil assessment system consistent
14with the testing requirements of this article in accordance with the
15objectives set forth in Section 60602.5. That system shall include
16all of the following:

17(1) Exclusive of the consortium assessments, a plan for
18producing or adopting valid, fair, and reliable achievement tests
19as recommended by the Superintendent and adopted by the state
20board pursuant to thebegin delete Measurement of Academic Performance and
21Progress (MAPP)end delete
begin insert California Assessment of Student Performance
22and Progress (CAASPP)end insert
established by Article 4 (commencing
23with Section 60640).

24(2) A plan for administering the consortium summative
25assessment as outlined by the joint agreement of the consortium.

26(3) Statewide academically rigorous content and performance
27standards that reflect the knowledge and complex skills that pupils
28will need in order to succeed in the information-based, global
29economy of the 21st century. These skills shall not include personal
30behavioral standards or skills, including, but not limited to, honesty,
31sociability, ethics, or self-esteem.

32(4) A statewide system that provides the results of testing in a
33manner that reflects the degree to which pupils are achieving the
34academically rigorous content and performance standards adopted
35by the state board.

36(5) The alignment of assessment with the statewide academically
37rigorous content and performance standards adopted by the state
38board.

39(6) The active, ongoing involvement of parents, classroom
40teachers, administrators, other educators, governing board members
P37   1of school districts, business community members, institutions of
2higher education, and the public in all phases of the design and
3implementation of the statewide pupil assessment system.

4(7) A plan for ensuring the security and integrity of thebegin delete MAPPend delete
5begin insert CAASPPend insert assessments.

6(8) The development of a contract or contracts with a contractor
7for the development or administration of achievement tests and
8performance tasks aligned to state-adopted content standards,
9including summative assessments or assessments that employ
10matrix sampling or population sampling methods.

11(b) The Superintendent shall develop and annually update for
12the Legislature a five-year cost projection, implementation plan
13for thebegin delete MAPP,end deletebegin insert CAASPP,end insert and a timetable for implementing the
14system described in Section 60640. The annual update shall be
15submitted on or before March 1 of each year to the Department of
16Finance, the state board, and the respective chairpersons of the
17appropriate fiscal subcommittees considering budget appropriations
18and the appropriate policy committees in each house. The update
19shall explain any significant variations from the five-year cost
20projection for the current year budget and the proposed budget.

21(c) The Superintendent shall make resources available that are
22designed to assist with the interpretation and use of thebegin delete MAPPend delete
23begin insert CAASPPend insert results to promote the use of the results for purposes of
24improving pupil learning and educational programs across the full
25curriculum. The Superintendent shall consider information already
26provided by assessment consortia to which California belongs or
27assessment contractors when fulfilling this requirement.

28(d) The Superintendent shall make information and resources
29available to parents, teachers, pupils, administrators, school board
30members, and the public regarding thebegin delete MAPP,end deletebegin insert CAASPP,end insert including,
31but not necessarily limited to, system goals, purposes, scoring
32systems, results, valid uses of assessments, and information on the
33relationship between performance on the previous state assessments
34and thebegin delete MAPP.end deletebegin insert CAASPP.end insert

35(e) The Superintendent and the state board shall consider
36comments and recommendations from teachers, administrators,
37pupil representatives, institutions of higher education, and the
38public in the development, adoption, and approval of assessment
39instruments.

P38   1(f) The results of the achievement tests, exclusive of the
2consortium summative assessments, administered pursuant to
3Article 4 (commencing with Section 60640), shall be returned to
4the local educational agencies within the period of time specified
5by the state board.

6begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 60607 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
7read:end insert

8

60607.  

(a) Each pupil shall have an individual record of
9accomplishment by the end of grade 12 that includes the results
10of the achievement test required and administered annually as part
11of thebegin delete Measurement of Academic Performance and Progress
12(MAPP),end delete
begin insert California Assessment of Student Performance and
13Progress (CAASPP),end insert
or any predecessor assessments, established
14pursuant to Article 4 (commencing with Section 60640), results
15of end-of-coursebegin delete examsend deletebegin insert examinationsend insert he or she has taken, and the
16vocational education certificationbegin delete examsend deletebegin insert examinationsend insert he or she
17chose to take.

18(b) It is the intent of the Legislature that local educational
19agencies and schools use the results of the academic achievement
20tests administered annually as part of thebegin delete MAPPend deletebegin insert CAASPPend insert to
21provide support to pupils and parents or guardians in order to assist
22pupils in strengthening their development as learners, and thereby
23to improve their academic achievement and performance in
24subsequent assessments.

25(c) (1) Except for research provided for inbegin insert formerend insert Section
2649079.6,begin insert as it read on December 31, 2013,end insert a pupil’s results or a
27record of accomplishment shall be private, and may not be released
28to any person, other than the pupil’s parent or guardian and a
29teacher, counselor, or administrator directly involved with the
30pupil, without the express written consent of either the parent or
31guardian of the pupil if the pupil is a minor, or the pupil if the pupil
32has reached the age of majority or is emancipated.

33(2) (A) Notwithstanding paragraph (1), a pupil or his or her
34parent or guardian may authorize the release of pupil results or a
35 record of accomplishment to a postsecondary educational
36institution for the purpose of credit, placement, or admission.

37(B) Notwithstanding paragraph (1), the results of an individual
38pupil on thebegin delete MAPPend deletebegin insert CAASPPend insert may be released to a postsecondary
39educational institution for the purpose of credit, placement, or
40admission.

P39   1begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 60611 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert

3

60611.  

A local educational agency, district superintendent of
4schools, or principal or teacher of any elementary or secondary
5school, including a charter school, shall not carry on any program
6for the sole purpose of test preparation of pupils for the statewide
7pupil assessment system or a particular test used in the statewide
8pupil assessment system. Nothing in this section prohibits the use
9of materials to familiarize pupils with item types or the
10computer-based testing environment used in thebegin delete Measurement of
11Academicend delete
begin insert California Assessment of Studentend insert Performance and
12Progress.

13begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 60630 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert

15

60630.  

(a) The Superintendent shall prepare and submit, and
16subsequently post on the Internet Web site of the department, an
17annual report to the state board containing an analysis of the results
18and test scores of the summative assessments administered pursuant
19to Section 60640. The Superintendent shall notify the state board
20and the appropriate policy and fiscal committees of the Legislature
21that the annual report is available on the Internet Web site of the
22department.

23(b) The Superintendent shall post a periodic update on the
24implementation of thebegin delete Measurement of Academicend deletebegin insert California
25Assessment of Studentend insert
Performance and Progress on the Internet
26Web site of the department, and notify the state board and the
27appropriate policy and fiscal committees of the Legislature that
28the update is available on the Internet Web site of the department.

29begin insert

begin insertSEC. 22.end insert  

end insert

begin insertThe heading of Article 4 (commencing with Section
3060640) of Chapter 5 of Part 33 of Division 4 of Title 2 of the end insert
begin insert31Education Codeend insertbegin insert is amended to read:end insert

32 

33Article 4.  begin deleteMeasurement of Academic Performance and Progress end delete
34begin insertCalifornia Assessment of Student Performance and Progressend insert
35

 

36begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 60640 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
37read:end insert

38

60640.  

(a) There is hereby established thebegin delete Measurement of
39Academicend delete
begin insert California Assessment of Studentend insert Performance and
40Progress, to be known as thebegin delete MAPP.end deletebegin insert CAASPP.end insert

P40   1(b) Commencing with the 2013-14 school year, thebegin delete MAPPend delete
2begin insert CAASPPend insert shall be composed of all of the following:

3(1) (A) A consortium summative assessment in English
4language arts and mathematics for grades 3 to 8, inclusive, and
5grade 11 that measures content standards adopted by the state
6board.

7(B) In the 2013-14 school year, the consortium summative
8assessment in English language arts and mathematics shall be a
9field test only, to enable the consortium to gauge the validity and
10reliability of these assessments and to conduct all necessary
11psychometric procedures and studies, including, but not necessarily
12limited to, achievement standard setting, and to allow the
13department to conduct studies regarding full implementation of
14the assessment system. These field tests and results shall not be
15used for any other purpose, including the calculation of any
16accountability measure.

17(2) (A) Science grade level assessments in grades 5, 8, and 10
18that measure content standards pursuant to Section 60605, until a
19successor assessment is implemented pursuant to subparagraph
20(B).

21(B) For science assessments, the Superintendent shall make a
22recommendation to the state board as soon as is feasible after the
23adoption of science content standards pursuant to Section 60605.85
24regarding the assessment of the newly adopted standards. Before
25making recommendations, the Superintendent shall consult with
26stakeholders, including, but not necessarily limited to, California
27science teachers, individuals with expertise in assessing English
28learners and pupils with disabilities, parents, and measurement
29experts, regarding the grade level and type of assessment. The
30recommendations shall include cost estimates and a plan for
31implementation of at least one assessment in each of the following
32grade spans:

33(i) Grades 3 to 5, inclusive.

34(ii) Grades 6 to 9, inclusive.

35(iii) Grades 10 to 12, inclusive.

36(3) The California Alternate Performance Assessment in grades
372 to 11, inclusive, in English language arts and mathematics and
38science in grades 5, 8, and 10, which measures content standards
39adopted pursuant to Section 60605 until a successor assessment
40is implemented. The successor assessment shall be limited to the
P41   1grades and subject areas assessed pursuant to paragraph (1) and
2subparagraph (B) of paragraph (2).

3(4) The Early Assessment Program established by Chapter 6
4(commencing with Section 99300) of Part 65 of Division 14 of
5Title 3.

6(5) (A) The department shall make available to local educational
7agencies a primary language assessment aligned to the English
8language arts standards adopted pursuant to Section 60605, as it
9read on January 1, 2013, for assessing pupils who are enrolled in
10a dual language immersion program that includes the primary
11language of the assessment and who are either nonlimited English
12proficient or redesignated fluent English proficient. The cost for
13the assessment shall be the same for all local educational agencies,
14and shall not exceed the marginal cost of the assessment, including
15any cost the department incurs to implement this section.

16(B) A local educational agency may administer a primary
17language assessment aligned to the English language arts standards
18adopted pursuant to Section 60605, as it read on January 1, 2013,
19at its own expense, and shall enter into an agreement for that
20purpose with the testing contractor. If the local educational agency
21chooses to administer a primary language assessment pursuant to
22this paragraph, the department shall reimburse the local educational
23agency for its costs, including a per pupil apportionment to
24administer the assessment pursuant to subdivision (l). The
25department shall determine the procedures for reimbursement.

26(C) The Superintendent shall consult with stakeholders,
27including assessment and English learner experts, to determine
28the content and purpose of a stand-alone language arts summative
29assessment in primary languages other than English that aligns
30with the English-language arts content standards. The
31Superintendent shall consider the appropriate purpose for this
32assessment, including, but not necessarily limited to, support for
33the State Seal of Biliteracy and accountability. It is the intent of
34the Legislature that an assessment developed pursuant to this
35section be included in the state accountability system.

36(D) The Superintendent shall report and make recommendations
37to the state board at a regularly scheduled public meeting no sooner
38than one year after the first full administration of the consortium
39computer-adaptive assessments in English language arts and
40mathematics summative assessments in grades 3 to 8, inclusive,
P42   1and grade 11, regarding an implementation timeline and estimated
2costs of a stand-alone language arts summative assessment in
3primary languages other than English.

4(E) The Superintendent shall develop, and the state board shall
5adopt, a primary language assessment. The Superintendent shall
6administer this assessment no later than the 2016-17 school year.

7(F) This paragraph shall be operative only to the extent that
8 funding is provided in the annual Budget Act or another statute
9for the purpose of this section.

10(c) No later thanbegin delete March, 2end deletebegin insert March 1,end insert 2016, the Superintendent
11shall submit to the state board recommendations on expanding the
12begin delete MAPPend deletebegin insert CAASPPend insert to include additional assessments, for
13consideration at a regularly scheduled public meeting. The
14Superintendent shall also submit these recommendations to the
15appropriate policy and fiscal committees of the Legislature and to
16the Director of Finance in accordance with all of the following:

17(1) In consultation with stakeholders, including, but not
18necessarily limited to, California teachers, individuals with
19expertise in assessing English learners and pupils with disabilities,
20parents, and measurement experts, the Superintendent shall make
21recommendations regarding assessments including the grade level,
22content, and type of assessment. These recommendations shall
23take into consideration the assessments already administered or
24planned pursuant to subdivision (b). The Superintendent shall
25consider the use of consortium-developed assessments, various
26item types, computer-based testing, and a timeline for
27implementation.

28(2) The recommendations shall consider assessments in subjects,
29including, but not necessarily limited to, history-social science,
30technology, visual and performing arts, and other subjects as
31appropriate, as well as English language arts, mathematics, and
32science assessments to augment the assessments required under
33subdivision (b), and the use of various assessment options,
34including, but not necessarily limited to, computer-based tests,
35locally scored performance tasks, and portfolios.

36(3) The recommendations shall include the use of an assessment
37calendar that would schedule the assessments identified pursuant
38to paragraph (2) over several years, the use of matrix sampling, if
39appropriate, and the use of population sampling.

P43   1(4) The recommendations shall include a timeline for test
2 development, and shall include cost estimates for subject areas, as
3appropriate.

4(5) Upon approval by the state board and the appropriation of
5funding for this purpose, the Superintendent shall develop and
6administer approved assessments. The state board shall approve
7test blueprints, achievement level descriptors, testing periods,
8performance standards, and a reporting plan for each approved
9assessment.

10(d) For the 2013-14 and 2014-15 school years, the department
11shall make available to local educational agencies Standardized
12Testing and Reporting Program test forms no longer required by
13thebegin delete MAPP.end deletebegin insert CAASPP.end insert The cost of implementing this subdivision,
14including, but not necessarily limited to, shipping, printing, scoring,
15and reporting per pupil shall be the same for all local educational
16agencies, and shall not exceed the marginal cost of the assessment,
17including any cost the department incurs to implement this section.
18A local educational agency that chooses to administer an
19assessment pursuant to this section shall do so at its own expense,
20and shall enter into an agreement for that purpose with a contractor,
21subject to the approval of the department.

22(e) The Superintendent shall make available a paper and pencil
23version of any computer-basedbegin delete MAPPend deletebegin insert CAASPPend insert assessment for
24use by pupils who are unable to access the computer-based version
25of the assessment for a maximum of three years after a new
26operational test is first administered.

27(f) (1) From the funds available for that purpose, each local
28educational agency shall administer assessments to each of its
29pupils pursuant to subdivision (b). As allowable by federal statute,
30recently arrived English learner pupils are exempted from taking
31the assessment in English language arts. The state board shall
32establish a testing period to provide that all schools administer
33these tests to pupils at approximately the same time during the
34instructional year. The testing period established by the state board
35shall take into consideration the need of local educational agencies
36to provide makeup days for pupils who were absent during testing,
37as well as the need to schedule testing on electronic computing
38devices.

39(2) For the 2013-14 school year, each local educational agency
40shall administer the field tests in a manner described by the
P44   1department in consultation with the president or executive director
2of the state board. Additional participants in the field test beyond
3the representative sample may be approved by the department, and
4the department shall use existing contract savings to fund district
5participation in one or more tests per participant. Funds for this
6purpose shall be utilized to allow for maximum participation in
7the field test across the state. To the extent savings in the current
8contract are not available to fully fund this participation, the
9department shall prorate available funds by test. Local educational
10agencies shall bear any additional costs to administer these
11assessments that are in excess of the contracted amount. With
12approval of the state board and the Director of Finance, the
13department shall amend the existing assessment contract to
14accommodate field testing beyond the representative sample, and
15to allow for special studies using information collected from the
16field tests.

17(g) From the funds available for that purpose, each local
18educational agency shall administer assessments as determined by
19the state board pursuant to paragraph (5) of subdivision (c).

20(h) As feasible, thebegin delete MAPPend deletebegin insert CAASPPend insert field tests shall be
21conducted in a manner that will minimize the testing burden on
22individual schools. Thebegin delete MAPPend deletebegin insert CAASPPend insert field tests shall not
23produce individual pupil scores unless it is determined that these
24scores are valid and reliable.

25(i) The governing board of a school district may administer
26achievement tests in grades other than those required by this section
27as it deems appropriate.

28(j) The governing board of a school district may administer a
29primary language assessment aligned to the English language arts
30standards adopted pursuant to Section 60605 to a pupil identified
31as limited English proficient enrolled in any of grades 2 to 11,
32inclusive, who either receives instruction in his or her primary
33language or has been enrolled in a school in the United States for
34less than 12 months until a subsequent primary language
35assessment aligned to the common core standards in English
36language arts adopted pursuant to Section 60605.8 is developed
37pursuant to paragraph (5) of subdivision (b). If the governing board
38of a school district chooses to administer this assessment, it shall
39notify the department in a manner determined by the department.

P45   1(k) Pursuant to Section 1412(a)(16) of Title 20 of the United
2States Code, individuals with exceptional needs, as defined in
3Section 56026, shall be included in the testing requirement of
4subdivision (b) with appropriate accommodations in administration,
5where necessary, and those individuals with exceptional needs
6who are unable to participate in the testing, even with
7accommodations, shall be given an alternate assessment.

8(l) (1) The Superintendent shall apportion funds appropriated
9for these purposes to local educational agencies to enable them to
10meet the requirements of subdivisions (b) and (c).

11(A) For thebegin delete MAPPend deletebegin insert CAASPPend insert field tests administered in the
122013-14 school year or later school years, the Superintendent shall
13apportion funds to local educational agencies if funds are
14specifically provided for this purpose in the annual Budget Act.

15(B) The Superintendent shall apportion funds to local
16educational agencies to enable them to administer assessments
17used to satisfy the voluntary Early Assessment Program in the
182013-14 school year pursuant to paragraph (4) of subdivision (b).

19(2) The state board annually shall establish the amount of
20funding to be apportioned to local educational agencies for each
21test administered and annually shall establish the amount that each
22contractor shall be paid for each test administered under the
23contracts required pursuant to Section 60643. The amounts to be
24paid to the contractors shall be determined by considering the cost
25estimates submitted by each contractor each September and the
26amount included in the annual Budget Act, and by making
27allowance for the estimated costs to school districts for compliance
28with the requirements of subdivisions (b) and (c). The state board
29shall take into account changes to local educational agency test
30administration activities under thebegin delete MAPP,end deletebegin insert CAASPP,end insert including,
31but not limited to, the number, type of tests administered, and
32changes in computerized test registration and administration
33procedures, when establishing the amount of funding to be
34apportioned to local educational agencies for each test
35administered.

36(3) An adjustment to the amount of funding to be apportioned
37per test shall not be valid without the approval of the Director of
38Finance. A request for approval of an adjustment to the amount
39of funding to be apportioned per test shall be submitted in writing
40to the Director of Finance and the chairpersons of the fiscal
P46   1committees of both houses of the Legislature with accompanying
2material justifying the proposed adjustment. The Director of
3Finance is authorized to approve only those adjustments related
4to activities required by statute. The Director of Finance shall
5approve or disapprove the amount within 30 days of receipt of the
6 request and shall notify the chairpersons of the fiscal committees
7of both houses of the Legislature of the decision.

8(m) For purposes of making the computations required by
9Section 8 of Article XVI of the California Constitution, the
10appropriation for the apportionments made pursuant to paragraph
11(1) of subdivision (l), and the payments made to the contractors
12under the contracts required pursuant to Section 60643 or
13subparagraph (C) of paragraph (1) of subdivision (a) of Section
1460605 between the department and the contractor, are “General
15Fund revenues appropriated for school districts,” as defined in
16subdivision (c) of Section 41202, for the applicable fiscal year,
17and included within the “total allocations to school districts and
18community college districts from General Fund proceeds of taxes
19appropriated pursuant to Article XIII  B,” as defined in subdivision
20(e) of Section 41202, for that fiscal year.

21(n) As a condition to receiving an apportionment pursuant to
22subdivision (l), a local educational agency shall report to the
23Superintendent all of the following:

24(1) The pupils enrolled in the local educational agency in the
25grades in which assessments were administered pursuant to
26subdivisions (b) and (c).

27(2) The pupils to whom an achievement test was administered
28pursuant to subdivisions (b) and (c) in the local educational agency.

29(3) The pupils in paragraph (1) who were exempted from the
30test pursuant to this section.

31(o) The Superintendent and the state board are authorized and
32encouraged to assist postsecondary educational institutions to use
33the assessment results of thebegin delete MAPP,end deletebegin insert CAASPP,end insert including, but not
34necessarily limited to, the grade 11 consortium summative
35assessments in English language arts and mathematics, for
36academic credit, placement, or admissions processes.

37(p) Subject to the availability of funds in the annual Budget Act
38for this purpose, and exclusive of the consortium assessments, the
39Superintendent, with the approval of the state board, annually shall
40release to the public test items from the achievement tests pursuant
P47   1to Section 60642.5 administered in previous years. Where feasible
2and practicable, the minimum number of test items released per
3year shall be equal to 25 percent of the total number of test items
4on the test administered in the previous year.

5(q) On or before July 1, 2014, Sections 850 to 868, inclusive,
6of Title 5 of the California Code of Regulations shall be revised
7by the state board to conform to the changes made to this section
8in the first year of the 2013-14 Regular Session. The state board
9shall adopt initial regulations as emergency regulations to
10immediately implement thebegin delete MAPPend deletebegin insert CAASPPend insert assessments,
11including, but not necessarily limited to, the administration,
12scoring, and reporting of the tests, as the adoption of emergency
13regulations is necessary for the immediate preservation of the
14public peace, health, safety, or general welfare within the meaning
15of Section 11346.1 of the Government Code. The emergency
16regulations shall be followed by the adoption of permanent
17regulations, in accordance with the Administrative Procedure Act
18(Chapter 3.5 (commencing with Section 11340) of Part 1 of
19Division 3 of Title 2 of the Government Code).

20begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 60641 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert

22

60641.  

(a) The department shall ensure that local educational
23agencies comply with each of the following requirements:

24(1) The achievement tests provided for in Section 60640 are
25scheduled to be administered to all pupils, inclusive of pupils
26enrolled in charter schools and exclusive of pupils exempted
27pursuant to Section 60640, during the period prescribed in
28subdivision (b) of Section 60640.

29(2) For assessments that produce valid individual pupil results,
30the individual results of each pupil tested pursuant to Section 60640
31shall be reported, in writing, to the parent or guardian of the pupil.
32The report shall include a clear explanation of the purpose of the
33test, the score of the pupil, and the intended use by the local
34educational agency of the test score. This subdivision does not
35require teachers or other local educational agency personnel to
36prepare individualized explanations of the test score of each pupil.
37It is the intent of the Legislature that nothing in this section shall
38preclude a school or school district from meeting the reporting
39requirement by the use of electronic media formats that secure the
40confidentiality of the pupil and the pupil’s results. State agencies
P48   1or local educational agencies shall not use a comparison resulting
2from the scores and results of thebegin delete Measurement of Academic
3Performance and Progress (MAPP)end delete
begin insert California Assessment of
4Student Performance and Progress (CAASPP)end insert
assessments and
5the assessment scores and results from assessments that measured
6previously adopted content standards.

7(3) (A) For assessments that produce valid individual pupil
8results, the individual results of each pupil tested pursuant to
9Section 60640 also shall be reported to the school and teachers of
10a pupil. The local educational agency shall include the test results
11of a pupil in his or her pupil records. However, except as provided
12in this section and Section 60607, personally identifiable pupil test
13results only may be released with the permission of either the
14pupil’s parent or guardian if the pupil is a minor, or the pupil if
15the pupil has reached the age of majority or is emancipated.

16(B) Notwithstanding subparagraph (A) and pursuant to
17subdivision (c) of Section 60607, a pupil or his or her parent or
18guardian may authorize the release of individual pupil results to a
19postsecondary educational institution for the purpose of credit,
20placement, determination of readiness for college-level coursework,
21or admission.

22(4) The districtwide, school-level, and grade-level results of the
23begin delete MAPPend deletebegin insert CAASPPend insert in each of the grades designated pursuant to
24Section 60640, but not the score or relative position of any
25individually ascertainable pupil, shall be reported to the governing
26board of the school district at a regularly scheduled meeting, and
27the countywide, school-level, and grade-level results for classes
28and programs under the jurisdiction of the county office of
29education shall be similarly reported to the county board of
30education at a regularly scheduled meeting.

31(b) The state board shall adopt regulations that outline a calendar
32for delivery and receipt of summative assessment results at the
33pupil, school, grade, district, county, and state levels. The calendar
34shall include delivery dates to the department and to local
35educational agencies. The calendar for delivery shall provide for
36the timely return of assessment results, and consider the amount
37of paper-and-pencil administered assessments and number of items
38requiring hand scoring. The calendar shall also ensure that
39individual assessment results are reported to local educational
40agencies within eight weeks of receipt by the contractor for scoring.

P49   1(c) Aggregated, disaggregated, or group scores or reports that
2include the results of thebegin delete MAPPend deletebegin insert CAASPPend insert assessments, inclusive
3of the reports developed pursuant to Section 60630, shall not be
4publicly reported to any party other than the school or local
5educational agency where the pupils were tested, if the aggregated,
6disaggregated, or group scores or reports are comprised of 10 or
7fewer individual pupil assessment results. Exclusive of the reports
8developed pursuant to Section 60630, in no case shall any group
9score or report be displayed that would deliberately or inadvertently
10make the score or performance of any individual pupil or teacher
11identifiable.

begin delete

12(d) For those entities described in clauses (i) and (iii) of
13subparagraph (B) of paragraph (3) of subdivision (c) of Section
1449079.6, the MAPP scores and results shall be released pursuant
15to the process outlined in paragraph (3) of subdivision (c) of
16 Section 49079.6.

17(e)

end delete

18begin insert(d)end insert The department shall ensure that pupils in grade 11, or
19parents or legal guardians of those pupils, may request results from
20grade 11 assessments administered as part of thebegin delete MAPPend deletebegin insert CAASPPend insert
21 for the purpose of determining credit, placement, or readiness for
22college-level coursework be released to a postsecondary
23educational institution.

24begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 60643 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
25read:end insert

26

60643.  

(a) Notwithstanding any other law, the contractor or
27contractors of the achievement tests provided for in Section 60640
28shall comply with all of the conditions and requirements of the
29contract to the satisfaction of the Superintendent and the state
30board.

31(b) (1) The department shall develop, and the Superintendent
32and the state board shall approve, a contract or contracts to be
33entered into with a contractor in connection with the test provided
34for in Section 60640. The department may develop the contract
35through negotiations. In approving a contract amendment to the
36contract authorized pursuant to this section, the department, in
37consultation with the state board, may make material amendments
38to the contract that do not increase the contract cost. Contract
39amendments that increase contract costs may only be made with
P50   1the approval of the department, the state board, and the Department
2of Finance.

3(2) For purposes of the contracts authorized pursuant to this
4subdivision, the department is exempt from the requirements of
5Part 2 (commencing with Section 10100) of Division 2 of the
6Public Contract Code and from the requirements of Article 6
7(commencing with Section 999) of Chapter 6 of Division 4 of the
8Military and Veterans Code. The department shall use a
9competitive and open process utilizing standardized scoring criteria
10through which to select a potential administration contractor or
11contractors for recommendation to the state board for consideration.
12The state board shall consider each of the following criteria:

13(A) The ability of the contractor to produce valid and reliable
14scores.

15(B) The ability of the contractor to report accurate results in a
16timely fashion.

17(C) Exclusive of the consortium assessments, the ability of the
18contractor to ensure technical adequacy of the tests, inclusive of
19the alignment between thebegin delete Measurement of Academic Performance
20and Progress (MAPP)end delete
begin insert California Assessment of Student
21Performance and Progressend insert
tests and the state-adopted content
22standards.

23(D) The cost of the assessment system.

24(E) The ability and proposed procedures to ensure the security
25and integrity of the assessment system.

26(F) The experience of the contractor in successfully conducting
27statewide testing programs in other states.

28(3) The contracts shall include provisions for progress payments
29to the contractor for work performed or costs incurred in the
30performance of the contract. Not less than 10 percent of the amount
31budgeted for each separate and distinct component task provided
32for in each contract shall be withheld pending final completion of
33all component tasks by that contractor. The total amount withheld
34pending final completion shall not exceed 10 percent of the total
35contract price for that fiscal year.

36(4) The contracts shall require liquidated damages to be paid
37by the contractor in the amount of up to 10 percent of the total cost
38of the contract for any component task that the contractor through
39its own fault or that of its subcontractors fails to substantially
40perform by the date specified in the agreement.

P51   1(5) The contracts shall establish the process and criteria by
2which the successful completion of each component task shall be
3recommended by the department and approved by the state board.

4(6) The contractors shall submit, as part of the contract
5negotiation process, a proposed budget and invoice schedule, that
6includes a detailed listing of the costs for each component task
7and the expected date of the invoice for each completed component
8task.

9(7) The contract or contracts subject to approval by the
10Superintendent and the state board under paragraph (1) and exempt
11under paragraph (2) shall specify the following component tasks,
12as applicable, that are separate and distinct:

13(A) Development of new tests or test items.

14(B) Test materials production or publication.

15(C) Delivery or electronic distribution of test materials to local
16educational agencies.

17(D) Test processing, scoring, and analyses.

18(E) Reporting of test results to the local educational agencies,
19including, but not necessarily limited to, all reports specified in
20this section.

21(F) Reporting of valid and reliable test results to the department,
22including, but not necessarily limited to, the following electronic
23files:

24(i) Scores aggregated statewide, and by county, school district,
25school, and grade.

26(ii) Disaggregated scores based on English proficiency status,
27gender, ethnicity, socioeconomic disadvantage, foster care status,
28and special education designation.

29(G) All other analyses or reports required by the Superintendent
30to meet the requirements of state and federal law and set forth in
31the agreement.

32(H) Technology services to support the activities listed in
33subparagraphs (A) to (G), inclusive.

34(I) Perform regular performance checks and load simulations
35to ensure the integrity and robustness of the technology system
36used to support the activities listed in subparagraphs (A) to (G),
37inclusive.

38begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 60643.6 of the end insertbegin insertEducation Codeend insertbegin insert is amended
39to read:end insert

P52   1

60643.6.  

A local educational agency shall be reimbursed by
2the contractor selected pursuant to this article for any unexpected
3expenses incurred due to scheduling changes that resulted from
4the late delivery of testing materials in connection with the
5begin delete Measurement of Academicend deletebegin insert California Assessment of Studentend insert
6 Performance and Progress.

7begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 60648 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
8read:end insert

9

60648.  

Exclusive of consortium summative assessments, the
10Superintendent shall recommend, and the state board shall adopt,
11performance standards on thebegin delete Measurement of Academicend delete
12begin insert California Assessment of Studentend insert Performance and Progress
13summative tests administered pursuant to this article. The
14performance levels shall identify and establish the minimum
15performance required for meeting a particular achievement level
16expectation. Once adopted, these standards shall be reviewed by
17the state board every five years to determine whether adjustments
18are necessary.

19begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 60810 of the end insertbegin insertEducation Codeend insertbegin insert, as amended
20by Section 5 of Chapter 478 of the Statutes of 2013, is amended
21to read:end insert

22

60810.  

(a) (1) The Superintendent shall review existing tests
23that assess the English language development of pupils whose
24primary language is a language other than English. The tests shall
25include, but not be limited to, an assessment of achievement of
26these pupils in English reading, speaking, and written skills. The
27Superintendent shall determine which tests, if any, meet the
28requirements of subdivisions (b) and (c). If any existing test or
29series of tests meets these criteria, the Superintendent, with
30approval of the state board, shall report to the Legislature on its
31findings and recommendations.

32(2) If no suitable test exists, the Superintendent shall explore
33the option of a collaborative effort with other states to develop a
34test or series of tests and share test development costs. If no suitable
35test exists, the Superintendent, with approval of the state board,
36may contract to develop a test or series of tests that meets the
37criteria of subdivisions (b) and (c) or may contract to modify an
38existing test or series of tests so that it will meet the requirements
39of subdivisions (b) and (c).

P53   1(3) The Superintendent and the state board shall release a request
2for proposals for the development of the test or series of tests
3required by this subdivision. The state board shall select a
4contractor or contractors for the development of the test or series
5of tests required by this subdivision, to be available for
6administration during the 2000-01 school year.

7(4) The Superintendent shall apportion funds appropriated to
8enable school districts to meet the requirements of subdivision (d).
9The state board shall establish the amount of funding to be
10apportioned per test administered, based on a review of the cost
11per test.

12(5) An adjustment to the amount of funding to be apportioned
13per test is not valid without the approval of the Director of Finance.
14A request for approval of an adjustment to the amount of funding
15to be apportioned per test shall be submitted in writing to the
16Director of Finance and the chairpersons of the fiscal committees
17of both houses of the Legislature with accompanying material
18justifying the proposed adjustment. The Director of Finance is
19authorized to approve only those adjustments related to activities
20required by statute. The Director of Finance shall approve or
21disapprove the amount within 30 days of receipt of the request and
22shall notify the chairpersons of the fiscal committees of both houses
23of the Legislature of the decision.

24(b) (1) The test or series of tests developed or acquired pursuant
25to subdivision (a) shall have sufficient range to assess pupils in
26grades 2 to 12, inclusive, in English listening, speaking, reading,
27and writing skills. Pupils in kindergarten and grade 1 shall be
28assessed in English listening and speaking, and, once an assessment
29is developed, early literacy skills. The early literacy assessment
30shall be administered for a period of four years beginning after the
31initial administration of the assessment or until July 1,begin delete 2014,end deletebegin insert 2017,end insert
32 whichever occursbegin delete first.end deletebegin insert last.end insert Six months after the three administered
33assessments are collected, but no later than June 30, 2013, the
34department shall report to the Legislature on the administration of
35the kindergarten and grade 1 early literacy assessment results, as
36well as on the administrative process, in order to determine whether
37reauthorization of the early literacy assessment is appropriate.

38(2) In the development and administration of the assessment
39for pupils in kindergarten and grade 1, the department shall
40minimize any additional assessment time, to the extent possible.
P54   1To the extent that it is technically possible, items that are used to
2assess listening and speaking shall be used to measure early literacy
3skills. The department shall ensure that the test and procedures for
4its administration are age and developmentally appropriate. Age
5and developmentally appropriate procedures for administration
6may include, but are not limited to, one-on-one administration, a
7small group setting, and orally responding or circling a response
8to a question.

9(c) The test or series of tests shall meet all of the following
10requirements:

11(1) Provide sufficient information about pupils at each grade
12level to determine levels of proficiency ranging from no English
13proficiency to fluent English proficiency with at least two
14intermediate levels.

15(2) Have psychometric properties of reliability and validity
16deemed adequate by technical experts.

17(3) Be capable of administration to pupils with any primary
18language other than English.

19(4) Be capable of administration by classroom teachers.

20(5) Yield scores that allow comparison of the growth of a pupil
21over time, can be tied to readiness for various instructional options,
22and can be aggregated for use in the evaluation of program
23effectiveness.

24(6) Not discriminate on the basis of race, ethnicity, or gender.

25(7) Be aligned with the standards for English language
26development adopted by the state board pursuant to Section 60811.

27(8) Be age and developmentally appropriate for pupils.

28(d) The test shall be used for the following purposes:

29(1) To identify pupils who are limited English proficient.

30(2) To determine the level of English language proficiency of
31pupils who are limited English proficient.

32(3) To assess the progress of limited-English-proficient pupils
33in acquiring the skills of listening, reading, speaking, and writing
34in English.

35(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
36required to retake those portions of the test that measure English
37language skills for which he or she has previously tested as
38advanced within each appropriate grade span, as determined by
39the department in accordance with paragraph (8) of subdivision
40(c).

P55   1(2) Notwithstanding paragraph (1), a pupil in any of grades 10
2to 12, inclusive, shall not be required to retake those portions of
3the test that measure English language skills for which he or she
4has previously tested as early advanced or advanced.

5(3) This subdivision shall not be implemented until the test
6publisher’s contract that is in effect on January 1, 2012, expires.

7(4) This subdivision shall not be implemented unless and until
8the department receives written documentation from the United
9States Department of Education that implementation is permitted
10by federal law.

11(f) This section shall remain in effect only until the
12Superintendent reports to the appropriate policy committees of the
13Legislature pursuant to paragraph (2) of subdivision (h) of Section
1460810 as added by the chapter that added this subdivision during
15the 2013-14 Regular Session, and as of January 1 of the following
16year, this section is repealed.

17begin insert

begin insertSEC. 29.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.

end insert


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