Amended in Senate July 2, 2014

Amended in Senate June 18, 2014

Amended in Assembly April 23, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 amend Sections 5033, 17047, 33540, 35576, 35710.51, 35782, 35783, 35786, 42281, 49558, begin delete 51224.5, end delete 52060, 56043, 56366.1, 56440, 60603, 60604, 60607, 60611, 60630, 60641, 60643, 60643.6, 60648, and 60810 of, and to repeal and add Section 56363.5 of, the Education Code, relating to education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1599, as amended, Committee on Education. Education: omnibus bill.

(1) Existing 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.

(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.

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.

(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.

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.

(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.

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.

(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.

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 begin delete provided. end delete begin insert provided, and, upon request, to other local educational agencies serving a pupil in the same household as an enrolled pupil for purposes related to free or reduced-price meal program eligibility and for data used in local control funding formula calculations. end insert

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(6)  Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include courses in mathematics, including algebra. Existing law requires a pupil to complete 2 courses in mathematics in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, and provides that at least one of these courses, or a combination of the 2 courses, shall meet or exceed the rigor of the content standards for Algebra I, as adopted by the State Board of Education. Existing law exempts a pupil in grades 9 to 12, inclusive, from the requirement that he or she complete a course that meets or exceeds the rigor of the content standards for Algebra I, as adopted by the state board, if that pupil, before enrolling in grade 9, completes coursework in algebra that meets or exceeds the rigor of the content standards for Algebra I, as adopted by the state board.

end delete begin delete

This bill would delete the requirement that at least one of the mathematics courses, or a combination of 2 of the mathematics courses, required for graduation shall meet or exceed the rigor of the content standards for Algebra I. The bill would instead require, before a pupil receives a diploma of graduation from high school, that a pupil complete a course in Algebra I or Mathematics I, or a course of equal rigor, that is aligned to the content standards adopted by the state board. The bill would provide that a pupil who completes coursework in algebra before the 2016-17 school year that meets or exceeds the content standards for Algebra I adopted by the state board shall be deemed to have satisfied the Algebra I or Mathematics I graduation requirement. The bill would also exempt from the Algebra I or Mathematics I graduation requirement those pupils who completed a course in Algebra I or Mathematics I, or a course of equal rigor, that is aligned to content standards adopted by the state board, before enrollment in grade 9.

end delete begin delete

(7)

end delete

begin insert (6) end insert  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.

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.

begin delete

(8)

end delete

begin insert (7) end insert  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.

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.

begin delete

(9) 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. Legislation pending in the 2013-14 Regular Session would change the name of the MAPP to the California Assessment of Student Performance and Progress (CAASPP).

end delete begin delete

This bill would change references to MAPP to CAASPP in certain provisions.

end delete begin delete

(10)

end delete

begin insert (8) end insert  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.

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.

begin delete

(11)

end delete

begin insert (9) end insert  This bill also would make various nonsubstantive changes, delete obsolete provisions, and update cross-references.

begin delete

(12)

end delete

begin insert (10) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 5033 of the Education Code is amended
to read:

5033.  

A member of the governing board of a district wholly
or partially included in a unified school district formed under the
provisions of Chapter 4 (commencing with Section 35700) of Part
21 of Division 3 of Title 2 shall not be a member of the governing
board of the unified school district unless elected to that governing
board.

SEC. 2.  

Section 17047 of the Education Code is amended to
read:

17047.  

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

 

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)

 

 

		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.

 

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

SEC. 3.  

Section 33540 of the Education Code is amended to
read:

33540.  

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

(b) Whenever the history-social science framework is revised
as required by law, the commission shall do, as appropriate and
based on the subject matter of the course, all of the following:

(1) Receive input from civics learning experts, including civics
education program providers, associations of civics educators, and
organizations dedicated to research on civics learning, 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 in Sections
60605, as that section read on June 30, 2011, and 60605.8.

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

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

(4) Ensure the following historical documents are incorporated
in the framework:

(A) The Declaration of Independence.

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

(C) The Federalist Papers.

(D) The Emancipation Proclamation.

(E) The Gettysburg Address.

(F) George Washington’s Farewell Address.

(5) Consider incorporating the following historical documents
into the framework:

(A) The Magna Carta.

(B) The Articles of Confederation.

(C) The California Constitution.

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

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

SEC. 4.  

Section 35576 of the Education Code is amended to
read:

35576.  

(a) If territory is taken from one district and annexed
to, or included in, another district or a new district by any procedure
and the area transferred contains real property, the district to which
the territory is annexed shall take possession of the real property,
pursuant to paragraph (1) of subdivision (a) of Section 35560, on
the day when the annexation becomes effective for all purposes.
The territory transferred shall cease to be liable for the bonded
indebtedness of the district of which it was formerly a part and
shall automatically assume its proportionate share of the
outstanding bonded indebtedness of any district of which it
becomes a part.

(b) The acquiring district shall be liable for the greater of the
amounts determined under provisions of paragraphs (1) or (2), or
the amount determined pursuant to a method prescribed under
Section 35738.

(1) The proportionate share of the outstanding bonded
indebtedness of the original district, which proportionate share
shall be in the ratio that the total assessed valuation of the
transferring territory bears to the total assessed valuation of the
original district in the year immediately preceding the date on
which the annexation is effective for all purposes. This ratio shall
be used each year until the bonded indebtedness for which the
acquiring district is liable has been repaid.

(2) The portion of the outstanding bonded indebtedness of the
original district that was incurred for the acquisition or
improvement of real property, or fixtures located on the real
property, and situated in the territory transferred.

(c) The county board of supervisors shall compute for the
reorganized district an annual tax rate for bond interest and
redemption that will include the bond interest and redemption on
the outstanding bonded indebtedness specified in paragraph (1) or
(2) of subdivision (b), or the amount determined pursuant to a
method prescribed under Section 35738. The county board of
supervisors shall also compute tax rates for the annual charge and
use charge prescribed by former Sections 1822.2 and 1825, as they
read on July 1, 1970, when such charges were established before
November 23, 1970. All such tax rates shall be levied in excess
of any other ad valorem property tax authorized or required by
law and shall not be included in the computation of the limitation
specified in subdivision (a) of Section 1 of Article XIII A of the
California Constitution.

SEC. 5.  

Section 35710.51 of the Education Code is amended
to read:

35710.51.  

(a) The county superintendent of schools, within
35 days after receiving the notification provided by Section 35710,
shall call an election, in the manner prescribed in Part 4
(commencing with Section 5000), to be conducted at the next
election of any kind in accordance with either of the following:

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

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

(b) The county superintendent of schools shall call the election
in the territory of districts as determined by the county committee
on school district organization, or, in the case of territory transfers
appealed to the state board pursuant to subdivision (c) of Section
35710.5, as determined by the state board. The county
superintendent of schools shall not issue an order of election until
after the time for an appeal pursuant to subdivision (b) of Section
35710.5 has elapsed.

SEC. 6.  

Section 35782 of the Education Code is amended to
read:

35782.  

Within 45 days before the close of each school year,
the county committee shall conduct a public hearing on the issues
specified in Section 35780. Notice of the public hearing shall be
given at least 10 days in advance of the hearing to each member
of the governing board of the lapsed district immediately before
its lapsation, to each of the governing boards that adjoin the lapsed
district, and to the high school district of which the lapsed
elementary district is a component.

SEC. 7.  

Section 35783 of the Education Code is amended to
read:

35783.  

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

SEC. 8.  

Section 35786 of the Education Code is amended to
read:

35786.  

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 July 1 after date of the
order. Notwithstanding Section 35534, the effective date of the
order is not subject to compliance with Section 54900 of the
Government Code. Compliance with Section 54900 of the
Government Code is required by December 1 of the year in which
the order is made.

SEC. 9.  

Section 42281 of the Education Code is amended to
read:

42281.  

Except as specified in subdivision (d), for each
elementary school district that maintains only one school with a
second principal apportionment average daily attendance of less
than 97, the Superintendent shall make one of the following
computations, whichever provides the lesser amount:

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

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

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

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

SEC. 10.  

Section 49558 of the Education Code is amended to
read:

49558.  

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

(b) Notwithstanding subdivision (a), a public officer or agency
may allow school district employees, who are authorized by the
governing board of the school district, to disclose from the
individual meal records only the pupil’s name and school meal
eligibility status, solely for purposes of disaggregation of academic
achievement data or to identify pupils eligible for public school
choice and supplemental educational services pursuant to the
federal No Child Left Behind Act of 2001 (P.L. 107-110), if the
public agency ensures the following:

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

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

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

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

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

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

(d) Notwithstanding subdivision (a), the school districts and
county superintendents of schools may release information on the
School Lunch Program application to the local agency that
determines eligibility under the CalFresh program or to an agency
that determines eligibility for nutrition assistance programs
authorized by Chapter 2 (commencing with Section 210.1) of
Subtitle B of Title 7 of the Code of Federal Regulations, if the
child is approved for free or reduced-price meals and if the
applicant consents to the sharing of information pursuant to Section
49557.3.

(e) Notwithstanding subdivision (a), begin insert a end insert school begin delete districts, end delete begin insert district, end insert
charter begin delete schools, and end delete begin insert school, or end insert county begin delete offices end delete begin insert office end insert of education
may release begin delete eligibility information on enrolled pupils end delete begin insert the name
and eligibility status of a pupil end insert participating in the free or
reduced-price meal program begin delete to end delete begin insert as follows: end insert

begin insert (1) end insert begin insert   end insert begin insert To end insert the Superintendent for purposes of determining funding
allocations under the local control funding formula and for
assessing the accountability of that funding.

begin insert (2) end insert begin insert   end insert begin insert Upon request, to another school district, charter school, or
county office of education that is serving a pupil living in the same
household as an enrolled pupil for purposes related to free or
reduced-price meal program eligibility and for data used in local
control funding formula calculations. end insert

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

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

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

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

begin delete

SEC. 11.  

Section 51224.5 of the Education Code is amended
to read:

51224.5.  

(a) The adopted course of study for grades 7 to 12,
inclusive, shall include algebra as part of the mathematics area of
study pursuant to subdivision (f) of Section 51220.

(b) Before receiving a diploma of graduation from high school,
a pupil shall complete a course in Algebra I or Mathematics I, or
a course of equal rigor, that is aligned to the content standards
adopted by the state board.

(c) A pupil who, before enrollment in grade 9, completes a
course in Algebra I or Mathematics I, or a course of equal rigor,
that is aligned to the content standards adopted by the state board,
is exempt from subdivision (b), but is not exempt from the
requirement that the pupil complete two courses in mathematics
while enrolled in grades 9 to 12, inclusive, as specified in
subparagraph (B) of paragraph (1) of subdivision (a) of Section
51225.3.

(d) A pupil who completes coursework in algebra before the
2016-17 school year that meets or exceeds the content standards
for Algebra I adopted by the state board pursuant to Section 60605
shall be deemed to have satisfied the graduation requirement
specified in subdivision (b).

end delete

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

Section 52060 of the Education Code is amended to
read:

52060.  

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

(b) A local control and accountability plan adopted by the
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.

(c) A local control and accountability plan adopted by the
governing board of a school district shall include, for the school
district and each school within the school district, both of the
following:

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

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

(d) All of the following are state priorities:

(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and
fully credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair, as defined in subdivision (d) of Section 17002.

(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs
and services will enable English learners to access the common
core academic content standards adopted pursuant to Section
60605.8 and the English language development standards adopted
pursuant to former Section 60811.3, as that section read on June
30, 2013, or Section 60811.4, for purposes of gaining academic
content knowledge and English language proficiency.

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

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

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

(B) The Academic Performance Index, as described in Section
52052.

(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career technical
education sequences or programs of study that align with state
board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section
52372.5, or paragraph (2) of subdivision (e) of Section 54692.

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

(E) The English learner reclassification rate.

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

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

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

(A) School attendance rates.

(B) Chronic absenteeism rates.

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

(D) High school dropout rates.

(E) High school graduation rates.

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

(A) Pupil suspension rates.

(B) Pupil expulsion rates.

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

(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive,
of Section 51220, as applicable, including the programs and
services developed and provided to unduplicated pupils and
individuals with exceptional needs, and the programs and services
that are provided to benefit these pupils as a result of the funding
received pursuant to Section 42238.02, as implemented by Section
42238.03.

(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.

(e) For purposes of the descriptions required by subdivision (c),
the governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.

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

(g) The governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.

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

begin delete SEC. 13. end delete
begin insert SEC. 12. end insert   

Section 56043 of the Education Code is amended to
read:

56043.  

The primary timelines affecting special education
programs are as follows:

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

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

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

(d) The individualized education program team shall review the
pupil’s individualized education program periodically, but not less
frequently than annually, pursuant to subdivision (d) of Section
56341.1.

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

(f) (1) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 calendar days, not counting days between the
pupil’s regular school sessions, terms, or days of school vacation
in excess of five schooldays, from the date of receipt of the parent’s
or guardian’s written consent for assessment, unless the parent or
guardian agrees in writing to an extension, pursuant to Section
56344.

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

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

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

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

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

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

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

(k) A reassessment of a pupil shall occur not more frequently
than once a year, unless the parent and the local educational agency
agree otherwise in writing, and shall occur at least once every three
years, unless the parent and the local educational agency agree, in
writing, that a reassessment is unnecessary, pursuant to Section
56381, and in accordance with Section 1414(a)(2) of Title 20 of
the United States Code.

(l) A meeting of an individualized education program team
requested by a parent or guardian to review an individualized
education program pursuant to subdivision (c) of Section 56343
shall be held within 30 calendar days, not counting days between
the pupil’s regular school sessions, terms, or days of school
vacation in excess of five schooldays, from the date of receipt of
the parent’s or guardian’s written request, pursuant to Section
56343.5.

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

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

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

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

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

(n) The parent or guardian shall have the right and opportunity
to examine all school records of the child and to receive complete
copies within five business days after a request is made by the
parent or guardian, either orally or in writing, and before any
meeting regarding an individualized education program of his or
her child or any hearing or resolution session pursuant to Chapter
5 (commencing with Section 56500), in accordance with Section
56504 and Chapter 6.5 (commencing with Section 49060) of Part
27.

(o) Upon receipt of a request from a local educational agency
where an individual with exceptional needs has enrolled, a former
educational agency shall send the pupil’s special education records,
or a copy of those records, to the new local educational agency
within five working days, pursuant to subdivision (a) of Section
3024 of Title 5 of the California Code of Regulations.

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

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

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

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

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

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

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

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

(t) If either party to a due process hearing intends to be
represented by an attorney in the due process hearing, notice of
that intent shall be given to the other party at least 10 calendar
days before the hearing, pursuant to subdivision (a) of Section
56507.

(u) Any party to a due process hearing shall have the right to
be informed by the other parties to the hearing, at least 10 calendar
days before the hearing, as to what those parties believe are the
issues to be decided at the hearing and their proposed resolution
of those issues, pursuant to paragraph (6) of subdivision (e) of
Section 56505.

(v) Any party to a due process hearing shall have the right to
receive from other parties to the hearing, at least five business days
before the hearing, a copy of all documents, including all
assessments completed and not completed by that date, and a list
of all witnesses and their general area of testimony that the parties
intend to present at the hearing, pursuant to paragraph (7) of
subdivision (e) of Section 56505.

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

(x) A complaint filed with the department shall allege a violation
of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred
not more than one year before the date that the complaint is
received by the department, pursuant to Section 56500.2 and
Section 300.153(c) of Title 34 of the Code of Federal Regulations.

begin delete SEC. 14. end delete
begin insert SEC. 13. end insert   

Section 56363.5 of the Education Code is repealed.

begin delete SEC. 15. end delete
begin insert SEC. 14. end insert   

Section 56363.5 is added to the Education Code, to
read:

56363.5.  

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

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

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

begin delete SEC. 16. end delete
begin insert SEC. 15. end insert   

Section 56366.1 of the Education Code is amended
to read:

56366.1.  

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

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

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

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

(4) An annual operating budget.

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

(b) (1) The applicant shall provide the special education local
plan area in which the applicant is located with the written
notification of its intent to seek certification or renewal of its
certification. The local educational agency representatives shall
acknowledge that they have been notified of the intent to certify
or renew certification. The acknowledgment shall include a
statement that representatives of the local educational agency for
the area in which the applicant is located have had the opportunity
to review the application at least 60 calendar days before
submission of an initial application to the Superintendent, or at
least 30 calendar days before submission of a renewal application
to the Superintendent. The acknowledgment shall provide
assurances that local educational agency representatives have had
the opportunity to provide input on all required components of the
application.

(2) If the local educational agency has not acknowledged an
applicant’s intent to be certified 60 calendar days from the date of
submission for initial applications or 30 calendar days from the
date of the return receipt for renewal applications, the applicant
may file the application with the Superintendent.

(3) The department shall provide electronic notification of the
availability of renewal application materials to certified nonpublic,
nonsectarian schools and agencies at least 120 days before the date
their current certification expires.

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

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

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

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

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

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

(h) The Superintendent annually shall review the certification
of each nonpublic, nonsectarian school or agency. For this purpose,
a certified nonpublic, nonsectarian school or agency annually shall
update its application between August 1 and October 31, unless
the state board grants a waiver pursuant to Section 56101. The
Superintendent may conduct an onsite review as part of the annual
review.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

(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

 

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

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

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

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

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

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

begin delete SEC. 17. end delete
begin insert SEC. 16. end insert   

Section 56440 of the Education Code is amended to
read:

56440.  

(a) Each special education local plan area shall submit
to the Superintendent, as part of the local plan, information for
providing special education and services to individuals with
exceptional needs, as defined in Section 56026, who are between
the ages of three and five years, inclusive.

(b) All individuals with exceptional needs between the ages of
three and five years, inclusive, identified in subdivision (a) shall
be served by the local educational agencies within each special
education local plan area, to the extent required under federal law
and pursuant to the local plan and application approved by the
Superintendent.

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

(d) Special education facilities operated by local educational
agencies serving children under this chapter and Chapter 4.4
(commencing with Section 56425) shall meet all applicable
standards relating to fire, health, sanitation, and building safety,
but are not subject to Chapter 3.4 (commencing with Section
1596.70), 3.5 (commencing with Section 1596.90), or 3.6
(commencing with Section 1597.30) of Division 2 of the Health
and Safety Code.

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

begin delete SEC. 18. end delete
begin insert SEC. 17. end insert   

Section 60603 of the Education Code is amended to
read:

60603.  

As used in this chapter:

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

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

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

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

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

(f) “Computer-based assessment” means a test administered
using an electronic computing device.

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

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

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

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

(k) “End of course examination” means a comprehensive and
challenging assessment of pupil achievement in a particular subject
area or discipline.

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

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

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

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

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

(3) Incorporate technology where appropriate.

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

(5) Use, to the extent feasible, universal design principles, as
defined in Section 3 of the federal Assistive Technology Act of
1998 (29 U.S.C. Sec. 3002) in its development and administration.

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 19. end delete
begin insert SEC. 18. end insert   

Section 60604 of the Education Code is amended to
read:

60604.  

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

(1) Exclusive of the consortium assessments, a plan for
producing or adopting valid, fair, and reliable achievement tests
as recommended by the Superintendent and adopted by the state
board pursuant to the California Assessment of Student
Performance and Progress (CAASPP) established by Article 4
(commencing with Section 60640).

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

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

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

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

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

(7) A plan for ensuring the security and integrity of the CAASPP
assessments.

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

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

(c) The Superintendent shall make resources available that are
designed to assist with the interpretation and use of the CAASPP
results to promote the use of the results for purposes of improving
pupil learning and educational programs across the full curriculum.
The Superintendent shall consider information already provided
by assessment consortia to which California belongs or assessment
contractors when fulfilling this requirement.

(d) The Superintendent shall make information and resources
available to parents, teachers, pupils, administrators, school board
members, and the public regarding the CAASPP, including, but
not necessarily limited to, system goals, purposes, scoring systems,
results, valid uses of assessments, and information on the
relationship between performance on the previous state assessments
and the CAASPP.

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

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

begin delete SEC. 20. end delete
begin insert SEC. 19. end insert   

Section 60607 of the Education Code is amended to
read:

60607.  

(a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results
of the achievement test required and administered annually as part
of the California Assessment of Student Performance and Progress
(CAASPP), or any predecessor assessments, established pursuant
to Article 4 (commencing with Section 60640), results of
end-of-course examinations he or she has taken, and the vocational
education certification examinations he or she chose to take.

(b) It is the intent of the Legislature that local educational
agencies and schools use the results of the academic achievement
tests administered annually as part of the CAASPP to provide
support to pupils and parents or guardians in order to assist pupils
in strengthening their development as learners, and thereby to
improve their academic achievement and performance in
subsequent assessments.

(c) (1) Except for research provided for in former Section
49079.6, as it read on December 31, 2013, a pupil’s results or a
record of accomplishment shall be private, and may not be released
to any person, other than the pupil’s parent or guardian and a
teacher, counselor, or administrator directly involved with the
pupil, without the express written consent of either the parent or
guardian of the pupil if the pupil is a minor, or the pupil if the pupil
has reached the age of majority or is emancipated.

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

(B) Notwithstanding paragraph (1), the results of an individual
pupil on the CAASPP may be released to a postsecondary
educational institution for the purpose of credit, placement, or
admission.

begin delete SEC. 21. end delete
begin insert SEC. 20. end insert   

Section 60611 of the Education Code is amended to
read:

60611.  

A local educational agency, district superintendent of
schools, or principal or teacher of any elementary or secondary
school, including a charter school, shall not carry on any program
for the sole purpose of test preparation of pupils for the statewide
pupil assessment system or a particular test used in the statewide
pupil assessment system. Nothing in this section prohibits the use
of materials to familiarize pupils with item types or the
computer-based testing environment used in the California
Assessment of Student Performance and Progress.

begin delete SEC. 22. end delete
begin insert SEC. 21. end insert   

Section 60630 of the Education Code is amended to
read:

60630.  

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

(b) The Superintendent shall post a periodic update on the
implementation of the California Assessment of Student
Performance and Progress on the Internet Web site of the
department, and notify the state board and the appropriate policy
and fiscal committees of the Legislature that the update is available
on the Internet Web site of the department.

begin delete SEC. 23. end delete
begin insert SEC. 22. end insert   

Section 60641 of the Education Code is amended to
read:

60641.  

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

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

(2) For assessments that produce valid individual pupil results,
the individual results of each pupil tested pursuant to Section 60640
shall be reported, in writing, to the parent or guardian of the pupil.
The report shall include a clear explanation of the purpose of the
test, the score of the pupil, and the intended use by the local
educational agency of the test score. This subdivision does not
require teachers or other local educational agency personnel to
prepare individualized explanations of the test score of each pupil.
It is the intent of the Legislature that nothing in this section shall
preclude a school or school district from meeting the reporting
requirement by the use of electronic media formats that secure the
confidentiality of the pupil and the pupil’s results. State agencies
or local educational agencies shall not use a comparison resulting
from the scores and results of the California Assessment of Student
Performance and Progress (CAASPP) assessments and the
assessment scores and results from assessments that measured
previously adopted content standards.

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

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

(4) The districtwide, school-level, and grade-level results of the
CAASPP in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the
countywide, school-level, and grade-level results for classes and
programs under the jurisdiction of the county office of education
shall be similarly reported to the county board of education at a
regularly scheduled meeting.

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

(c) Aggregated, disaggregated, or group scores or reports that
include the results of the CAASPP assessments, inclusive of the
reports developed pursuant to Section 60630, shall not be publicly
reported to any party other than the school or local educational
agency where the pupils were tested, if the aggregated,
disaggregated, or group scores or reports are comprised of 10 or
fewer individual pupil assessment results. Exclusive of the reports
developed pursuant to Section 60630, in no case shall any group
score or report be displayed that would deliberately or inadvertently
make the score or performance of any individual pupil or teacher
identifiable.

(d) The department shall ensure that pupils in grade 11, or
parents or legal guardians of those pupils, may request results from
grade 11 assessments administered as part of the CAASPP for the
purpose of determining credit, placement, or readiness for
college-level coursework be released to a postsecondary
educational institution.

begin delete SEC. 24. end delete
begin insert SEC. 23. end insert   

Section 60643 of the Education Code is amended to
read:

60643.  

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

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

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

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

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

(C) Exclusive of the consortium assessments, the ability of the
contractor to ensure technical adequacy of the tests, inclusive of
the alignment between the California Assessment of Student
Performance and Progress tests and the state-adopted content
standards.

(D) The cost of the assessment system.

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

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

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

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

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

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

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

(A) Development of new tests or test items.

(B) Test materials production or publication.

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

(D) Test processing, scoring, and analyses.

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

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

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

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

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

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

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

begin delete SEC. 25. end delete
begin insert SEC. 24. end insert   

Section 60643.6 of the Education Code is amended
to read:

60643.6.  

A local educational agency shall be reimbursed by
the contractor selected pursuant to this article for any unexpected
expenses incurred due to scheduling changes that resulted from
the late delivery of testing materials in connection with the
California Assessment of Student Performance and Progress.

begin delete SEC. 26. end delete
begin insert SEC. 25. end insert   

Section 60648 of the Education Code is amended to
read:

60648.  

Exclusive of consortium summative assessments, the
Superintendent shall recommend, and the state board shall adopt,
performance standards on the California Assessment of Student
Performance and Progress summative tests administered pursuant
to this article. The performance levels shall identify and establish
the minimum performance required for meeting a particular
achievement level expectation. Once adopted, these standards shall
be reviewed by the state board every five years to determine
whether adjustments are necessary.

begin delete SEC. 27. end delete
begin insert SEC. 26. end insert   

Section 60810 of the Education Code, as amended
by Section 5 of Chapter 478 of the Statutes of 2013, is amended
to read:

60810.  

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

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

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

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

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

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

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

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

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

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

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

(4) Be capable of administration by classroom teachers.

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

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

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

(8) Be age and developmentally appropriate for pupils.

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

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

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

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

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

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

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

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

(f) This section shall remain in effect only until the
Superintendent reports to the appropriate policy committees of the
Legislature pursuant to paragraph (2) of subdivision (h) of Section
60810 as added by the chapter that added this subdivision during
the 2013-14 Regular Session, and as of January 1 of the following
year, this section is repealed.

begin delete SEC. 28. end delete
begin insert SEC. 27. end insert   

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