Amended in Senate August 22, 2014

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 BillNo. 1599


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

February 5, 2014


An act to amend Sections 5033, 17047, 33540, 35576, 35710.51, 35782, 35783, 35786, 42281, 49558, 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 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.

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

This bill would delete that authorization and would instead authorize a public agency, if anbegin delete individualsend deletebegin insert individualend insert 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.

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

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.

(8) 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.

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

begin insert

(10) This bill would incorporate additional changes to Section 33540 of the Education Code proposed by SB 897 that would become operative if this bill and SB 897 are both enacted on or before January 1, 2015, and this bill is enacted last. The bill also would incorporate additional changes to Section 52060 of the Education Code proposed by AB 2512 that would become operative if this bill and AB 2512 are both enacted on or before January 1, 2015, and this bill is enacted last.

end insert
begin delete

(10)

end delete

begin insert(11)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:

P6    1

SECTION 1.  

Section 5033 of the Education Code is amended
2to read:

3

5033.  

A member of the governing board of a district wholly
4or partially included in a unified school district formed under the
5provisions of Chapter 4 (commencing with Section 35700) of Part
621 of Division 3 of Title 2 shall not be a member of the governing
7board of the unified school district unless elected to that governing
8board.

9

SEC. 2.  

Section 17047 of the Education Code is amended to
10read:

11

17047.  

(a) The allowable new building area for the purpose
12of providing special day class and Resource Specialist Program
13facilities for special education pupils shall be negotiated and
14approved by the board, with any necessary assistance to be
15provided by the Special Education Division of the State Department
16of Education. The square footage allowances shall be computed
17within the maximum square footage set forth in the following
18schedule:


19

 

Special Day Class
Basic Need

Grade
Levels

Load­ing*

Square
Footage

Nonsevere Disability

--Specific Learning
 Disability

 All

12

1080

--Mildly Intellectually
 Disabled

 All

12

1080

--Severe Disorder
 of Language

 All

10

1080

Severe Disability

--Deaf and Hard of
 Hearing

 All

10

1080

--Visually Impaired

 All

10

1330 (1080 + 250 storage)

--Orthopedically and
 Other Health Im-

 paired

 All

12

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

--Autistic

 All

6

1160 (1080 + 80 toilets)

--Severely Emotion-
 ally Disturbed

 All

6

1160 (1080 + 80 toilets)

 

--Severely Intellectually Disabled

 Elem.

12

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

 

 Secon.

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

--Developmentally

 Disabled

 All

10

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

--Deaf-Blind/Multi

 All

5

1400 (1080 + 200 storage + 150 toilets)

P7   17P7    5

 

 

 

Pupils

Square
Feet

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

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

1-8

240 

9-28

480 

29-37

720 

38-56

960 

57-65

1200 

66-85

1440 

86-94

1680 

95-112

1920 

 

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

 

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

 

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

 

P8    6(b) The allowable new building area shall be computed by
7dividing the number of eligible pupils by the minimum required
8loading per classroom for special day classes for the type of pupils
9to be enrolled. No new or additional facility shall be provided for
10special day classes unless the number of additional eligible pupils
11equals one-third or more of the minimum required loading.

12

SEC. 3.  

Section 33540 of the Education Code is amended to
13read:

14

33540.  

(a) The state board and the department shall request
15that the commission review and revise, as necessary, the course
16requirements in the history-social science framework developed
17by the History-Social Science Curriculum Framework and Criteria
18Committee of the state board to ensure that minimum standards
19for courses in American government and civics include sufficient
20attention to teaching pupils how to interact, in a practical manner,
21with state and local governmental agencies and representatives to
22solve problems and to petition for changes in laws and procedures,
23and thatbegin delete theseend deletebegin insert theend insert course requirementsbegin insert in the history-social science
24frameworkend insert
are also included in all history and social science
25courses and grade levels, as appropriate.

26(b) Whenever the history-social science framework is revised
27as required by law, the commission shall do, as appropriate and
28based on the subject matter of the course, all of the following:

29(1) Receive input from civics learning experts, including civics
30education program providers, associations of civics educators, and
31organizations dedicated to research on civics learning, forbegin delete the
32purposeend delete
begin insert purposesend insert of integrating civics learning content, concepts,
33and skills, at all appropriate grade levels, with the standards
34established by the state board in core curriculum areas, as specified
35in Sections 60605, as that section read on June 30, 2011, and
3660605.8.

37(2) Consider how civics and history instruction, at all appropriate
38 grade levels, includes, in addition to the acquisition of content
39knowledge, the application of that content to develop the
40competence and skills needed for civic engagement.

P9    1(3) Ensure that voter education information is included in the
2American government and civics curriculum at the high school
3level, including, but not limited to, information on the importance
4of registering to vote in local, state, and federal elections, how to
5register to vote, both online and by mail, what the requirements
6are to register to vote, how to request an absentee ballot, how to
7fill out and return an absentee ballot, what to expect on election
8day, how to find a polling place, and where and how to access and
9understand the voter information pamphlet and other materials to
10become an informed voter.

11(4) Ensure the following historical documents are incorporated
12in the framework:

13(A) The Declaration of Independence.

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

15(C) The Federalist Papers.

16(D) The Emancipation Proclamation.

17(E) The Gettysburg Address.

18(F) George Washington’s Farewell Address.

19(5) Consider incorporating the following historical documents
20into the framework:

21(A) The Magna Carta.

22(B) The Articles of Confederation.

23(C) The California Constitution.

24(6) Encourage instruction that promotes an understanding of
25the governments of California and the United States of America,
26including, but not limited to, the development of democracy and
27the history of the development of the United States Constitution.

28(c) It is the intent of the Legislature, for purposes ofbegin delete onlyend delete the
29history-social science framework that is revisedbegin delete subsequent to the
30effective date of the act that amended this section in the second
31year of the 2013-14 Regular Session,end delete
begin insert after January 1, 2015,end insert that
32the requirements imposed pursuant to paragraphsbegin delete (1), (2), and (3)end delete
33begin insert (1) to (3), inclusive,end insert of subdivision (b) may be satisfied under the
34framework adoption procedures currently beingbegin delete utilizedend deletebegin insert usedend insert by
35the department as of January 1, 2015.

36begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 33540 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
37read:end insert

38

33540.  

(a) The state board and the department shall request
39that the commission review and revise, as necessary, the course
40requirements in the history-social science framework developed
P10   1by the History-Social Science Curriculum Framework and Criteria
2Committee of the state board to ensure that minimum standards
3for courses in American government and civics include sufficient
4attention to teaching pupils how to interact, in a practical manner,
5with state and local governmental agencies and representatives to
6solve problems and to petition for changes in laws andbegin delete procedures.end delete
7begin insert procedures, and that the course requirements in the history-social
8science framework are also included in all history and social
9science courses and all grade levels, as appropriate.end insert

10(b) begin deleteWhen end deletebegin insertWhenever end insertthe history-social science framework is
11revised as required by law, the commission shall do, as appropriate
12and based on the subject matter of the course, all of the following:

begin insert

13(1) Receive input from civics learning experts, including civics
14education program providers, associations of civics educators,
15and organizations dedicated to research on civics learning, for
16purposes of integrating civics learning content, concepts, and
17skills, at all appropriate grade levels, with the standards
18established by the state board in core curriculum areas, as
19specified in Section 60605, as that section read on June 30, 2011,
20and Section 60605.8.

end insert
begin insert

21(2) Consider how civics and history instruction, at all
22appropriate grade levels, includes, in addition to the acquisition
23of content knowledge, the application of that content to develop
24the competence and skills needed for civic engagement.

end insert
begin insert

25(3) Ensure that voter education information is included in the
26American government and civics curriculum at the high school
27level, including, but not limited to, information on the importance
28of registering to vote in local, state, and federal elections, how to
29register to vote, both online and by mail, what the requirements
30are to register to vote, how to request an absentee ballot, how to
31fill out and return an absentee ballot, what to expect on election
32day, how to find a polling place, and where and how to access and
33understand the voter information pamphlet and other materials
34to become an informed voter.

end insert
begin delete

35(1)

end delete

36begin insert(4)end insert Ensure the following historical documents are incorporated
37begin delete inend deletebegin insert intoend insert the framework:

38(A) The Declaration of Independence.

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

40(C) The Federalist Papers.

P11   1(D) The Emancipation Proclamation.

2(E) The Gettysburg Address.

3(F) George Washington’s Farewell Address.

begin delete

4(2)

end delete

5begin insert(5)end insert Consider incorporating the following historical documents
6into the framework:

7(A) The Magna Carta.

8(B) The Articles of Confederation.

9(C) The California Constitution.

begin delete

10(3)

end delete

11begin insert(6)end insert Encourage instruction that promotes an understanding of
12the governments of California and the United States of America,
13including, but not limited to, the development of democracy and
14the history of the development of the United States Constitution.

begin insert

15(c) It is the intent of the Legislature, for purposes of the
16history-social science framework that is revised any time after
17January 1, 2015, that the commission consider whether and how
18to incorporate the College, Career, and Civic Life (C3) Framework
19for Social Studies State Standards into that framework.

end insert
begin insert

20(d) It is the intent of the Legislature, for purposes of the
21history-social science framework that is revised after January 1,
222015, that the requirements imposed pursuant to paragraphs (1)
23to (3), inclusive, of subdivision (b) may be satisfied under the
24framework adoption procedures currently being used by the
25department as of January 1, 2015.

end insert
begin insert

26(e) When the history-social science content standards are next
27revised after January 1, 2015, the state board shall consider
28incorporating the College, Career, and Civic Life (C3) Framework
29for Social Studies State Standards into the history-social science
30content standards.

end insert
31

SEC. 4.  

Section 35576 of the Education Code is amended to
32read:

33

35576.  

(a) If territory is taken from one district and annexed
34to, or included in, another district or a new district by any procedure
35and the area transferred contains real property, the district to which
36the territory is annexed shall take possession of the real property,
37pursuant to paragraph (1) of subdivision (a) of Section 35560, on
38the day when the annexation becomes effective for all purposes.
39The territory transferred shall cease to be liable for the bonded
40indebtedness of the district of which it was formerly a part and
P12   1shall automatically assume its proportionate share of the
2outstanding bonded indebtedness of any district of which it
3becomes a part.

4(b) The acquiring district shall be liable for the greater of the
5amounts determined under provisions ofbegin delete paragraphsend deletebegin insert paragraphend insert
6 (1) or (2), or the amount determined pursuant to a method
7prescribed under Section 35738.

8(1) The proportionate share of the outstanding bonded
9indebtedness of the original district, which proportionate share
10shall be in the ratio that the total assessed valuation of the
11transferring territory bears to the total assessed valuation of the
12original district in the year immediately preceding the date on
13which the annexation is effective for all purposes. This ratio shall
14be used each year until the bonded indebtedness for which the
15acquiring district is liable has been repaid.

16(2) The portion of the outstanding bonded indebtedness of the
17original district that was incurred for the acquisition or
18improvement of real property, or fixtures located on the real
19property, and situated in the territory transferred.

20(c) The county board of supervisors shall compute for the
21reorganized district an annual tax rate for bond interest and
22redemption that will include the bond interest and redemption on
23the outstanding bonded indebtedness specified in paragraph (1) or
24(2) of subdivision (b), or the amount determined pursuant to a
25method prescribed under Section 35738. The county board of
26supervisors shall also compute tax rates for the annual charge and
27use charge prescribed by former Sections 1822.2 and 1825, as they
28read on July 1, 1970, when such charges were established before
29November 23, 1970. All such tax rates shall be levied in excess
30of any other ad valorem property tax authorized or required by
31law and shall not be included in the computation of the limitation
32specified in subdivision (a) of Section 1 of Article XIII A of the
33California Constitution.

34

SEC. 5.  

Section 35710.51 of the Education Code is amended
35to read:

36

35710.51.  

(a) The county superintendent of schools, within
3735 days after receiving the notification provided by Section 35710,
38shall call an election, in the manner prescribed in Part 4
39(commencing with Section 5000), to be conducted at the next
40election of any kind in accordance with either of the following:

P13   1(1) Section 1002 of the Elections Code and Part 4 (commencing
2with Section 5000) of Division 1 of Title 1.

3(2) Division 4 (commencing with Section 4000) of the Elections
4Code.

5(b) The county superintendent of schools shall call the election
6in the territory of districts as determined by the county committee
7on school district organization, or, in the case of territory transfers
8appealed to the state board pursuant to subdivision (c) of Section
935710.5, as determined by the state board. The county
10superintendent of schools shall not issue an order of election until
11after the time for an appeal pursuant to subdivision (b) of Section
1235710.5 has elapsed.

13

SEC. 6.  

Section 35782 of the Education Code is amended to
14read:

15

35782.  

Within 45 days before the close of each school year,
16the county committee shall conduct a public hearing on the issues
17specified in Section 35780. Notice of the public hearing shall be
18given at least 10 days in advance of the hearing to each member
19of the governing board of the lapsed district immediately before
20its lapsation, to each of the governing boards that adjoin the lapsed
21district, and to the high school district of which the lapsed
22elementary district is a component.

23

SEC. 7.  

Section 35783 of the Education Code is amended to
24read:

25

35783.  

After the hearing, and at least 30 days before the end
26of the school year, the county committee shall order the territory
27annexed to one or more adjoining districts as seems to the county
28committee to be in the best interest of the adjoining districts and
29the residents of the lapsed district.

30

SEC. 8.  

Section 35786 of the Education Code is amended to
31read:

32

35786.  

An order of a county committee attaching the territory
33of a lapsed school district to one or more adjoining school districts
34shall be effective for all purposes on the July 1 after date of the
35order. Notwithstanding Section 35534, the effective date of the
36order is not subject to compliance with Section 54900 of the
37Government Code. Compliance with Section 54900 of the
38Government Code is required by December 1 of the year in which
39the order is made.

P14   1

SEC. 9.  

Section 42281 of the Education Code is amended to
2read:

3

42281.  

Except as specified in subdivision (d), for each
4elementary school district that maintains only one school with a
5second principal apportionment average daily attendance of less
6than 97, the Superintendent shall make one of the following
7computations, whichever provides the lesser amount:

8(a) For each small school that has an average daily attendance
9during the fiscal year of less than 25, exclusive of pupils attending
10the 7th and 8th grades of a junior high school, and for which school
11at least one teacher was hired full time, the Superintendent shall
12compute for the school district fifty-two thousand nine hundred
13twenty-five dollars ($52,925).

14(b) For each small school that has an average daily attendance
15during the fiscal year of 25 or more and less than 49, exclusive of
16pupils attending the 7th and 8th grades of a junior high school,
17and for which school at least two teachers were hired full time for
18more than one-half of the days schools were maintained, the
19Superintendent shall compute for the school district one hundred
20five thousand eight hundred fifty dollars ($105,850).

21(c) For each small school that has an average daily attendance
22during the fiscal year of 49 or more but less than 73, exclusive of
23pupils attending the 7th and 8th grades of a junior high school,
24and for which school three teachers were hired full time for more
25than one-half of the days schools were maintained, the
26Superintendent shall compute for the school district one hundred
27fifty-eight thousand seven hundred seventy-five dollars ($158,775).

28(d) For each small school that has an average daily attendance
29during the fiscal year of 73 or more and less than 97, exclusive of
30pupils attending the 7th and 8th grades of a junior high school,
31and for which school four teachers were hired full time for more
32than one-half of the days schools were maintained, the
33Superintendent shall compute for the school district two hundred
34eleven thousand seven hundred dollars ($211,700). A school district
35that qualifies under this subdivision may use this funding
36calculation until the local control funding formula allocation
37pursuant to Section 42238.02, as implemented by Section 42238.03,
38per unit of average daily attendance multiplied by the average daily
39attendance produces state aid equal to the small school funding
40formula.

P15   1

SEC. 10.  

Section 49558 of the Education Code is amended to
2read:

3

49558.  

(a) All applications and records concerning any
4individual made or kept by any public officer or agency in
5connection with the administration of any provision of this code
6relating to free or reduced-price meal eligibility shall be
7confidential, and may not be open to examination for any purpose
8not directly connected with the administration of any free or
9reduced-price meal program, or any investigation, prosecution, or
10criminal or civil proceeding conducted in connection with the
11administration of any free or reduced-price meal program.

12(b) Notwithstanding subdivision (a), a public officer or agency
13may allow school district employees, who are authorized by the
14governing board of the school district, to disclose from the
15individual meal records only the pupil’s name and school meal
16eligibility status, solely for purposes of disaggregation of academic
17achievement data or to identify pupils eligible for public school
18choice and supplemental educational services pursuant to the
19federal No Child Left Behind Act of 2001begin delete (P.L.end deletebegin insert (Public Lawend insert
20 107-110), if the public agency ensures the following:

21(1) The public agency has adopted a policy that allows for the
22use of individual records for these purposes.

23(2) No individual indicators of participation in any free or
24reduced-price meal program are maintained in the permanent record
25of any pupil, unless otherwise allowed by law.

26(3) No public release of information regarding individual pupil
27participation in any free or reduced-price meal program is
28permitted.

29(4) All other confidentiality provisions required by law are met.

30(5) The information collected regarding individual pupils
31certified to participate in the free or reduced-price meal program
32is destroyed when it is no longer needed for its intended purpose.

33(c) Notwithstanding subdivision (a), the school districts and
34county superintendents of schools may release information on the
35School Lunch Program application to the local agency that
36determines eligibility under the Medi-Cal program if the child is
37approved for free meals and if the applicant consents to the sharing
38of information pursuant to Section 49557.2.

39(d) Notwithstanding subdivision (a), the school districts and
40county superintendents of schools may release information on the
P16   1 School Lunch Program application to the local agency that
2determines eligibility under the CalFresh program or to an agency
3that determines eligibility for nutrition assistance programs
4authorized by Chapter 2 (commencing with Section 210.1) of
5Subtitle B of Title 7 of the Code of Federal Regulations, if the
6child is approved for free or reduced-price meals and if the
7applicant consents to the sharing of information pursuant to Section
849557.3.

9(e) Notwithstanding subdivision (a), a school district, charter
10school, or county office of education may release the name and
11eligibility status of a pupil participating in the free or reduced-price
12meal program as follows:

13(1) To the Superintendent for purposes of determining funding
14allocations under the local control funding formula and for
15assessing the accountability of that funding.

16(2) Upon request, to another school district, charter school, or
17county office of education that is serving a pupil living in the same
18household as an enrolled pupil for purposes related to free or
19reduced-price meal program eligibility and for data used in local
20control funding formula calculations.

21(f) Information released pursuant to subdivision (c), (d), or (e)
22shall adhere to all of the following requirements:

23(1) Individual indicators of participation in a free or
24reduced-price meal program shall not be maintained in the
25permanent record of any pupil, unless otherwise authorized by
26law.

27(2) The public release of information regarding individual pupil
28participation in a free or reduced-price meal program is not
29permitted.

30(3) All other confidentiality requirements imposed by law or
31regulation are met.

32

SEC. 11.  

Section 52060 of the Education Code is amended to
33read:

34

52060.  

(a) On or before July 1, 2014, the governing board of
35each school district shall adopt a local control and accountability
36plan using a template adopted by the state board.

37(b) A local control and accountability plan adopted by the
38governing board of a school district shall be effective for a period
39of three years, and shall be updated on or before July 1 of each
40year.

P17   1(c) A local control and accountability plan adopted by the
2 governing board of a school district shall include, for the school
3district and each school within the school district, both of the
4following:

5(1) A description of the annual goals, for all pupils and each
6subgroup of pupils identified pursuant to Section 52052, to be
7achieved for each of the state priorities identified in subdivision
8(d) and for any additional local priorities identified by the
9governing board of the school district. For purposes of this article,
10a subgroup of pupils identified pursuant to Section 52052 shall be
11a numerically significant pupil subgroup as specified in paragraphs
12(2) and (3) of subdivision (a) of Section 52052.

13(2) A description of the specific actions the school district will
14take during each year of the local control and accountability plan
15to achieve the goals identified in paragraph (1), including the
16enumeration of any specific actions necessary for that year to
17correct any deficiencies in regard to the state priorities listed in
18paragraph (1) of subdivision (d). The specific actions shall not
19supersede the provisions of existing local collective bargaining
20agreements within the jurisdiction of the school district.

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

22(1) The degree to which the teachers of the school district are
23appropriately assigned in accordance with Section 44258.9, and
24fully credentialed in the subject areas, and, for the pupils they are
25teaching, every pupil in the school district has sufficient access to
26the standards-aligned instructional materials as determined pursuant
27to Section 60119, and school facilities are maintained in good
28repair, as defined in subdivision (d) of Section 17002.

29(2) Implementation of the academic content and performance
30standards adopted by the state board, including how the programs
31and services will enable English learners to access the common
32core academic content standards adopted pursuant to Section
3360605.8 and the English language development standards adopted
34pursuant to former Section 60811.3, as that section read on June
3530, 2013, or Section 60811.4, for purposes of gaining academic
36content knowledge and English language proficiency.

37(3) Parental involvement, including efforts the school district
38makes to seek parent input in making decisions for the school
39district and each individual schoolsite, and including how the
P18   1school district will promote parental participation in programs for
2unduplicated pupils and individuals with exceptional needs.

3(4) Pupil achievement, as measured by all of the following, as
4applicable:

5(A) Statewide assessments administered pursuant to Article 4
6(commencing with Section 60640) of Chapter 5 of Part 33 or any
7subsequent assessment, as certified by the state board.

8(B) The Academic Performance Index, as described in Section
952052.

10(C) The percentage of pupils who have successfully completed
11courses that satisfy the requirements for entrance to the University
12of California and the California State University, or career technical
13education sequences or programs of study that align with state
14board-approved career technical education standards and
15frameworks, including, but not limited to, those described in
16subdivision (a) of Section 52302, subdivision (a) of Section
1752372.5, or paragraph (2) of subdivision (e) of Section 54692.

18(D) The percentage of English learner pupils who make progress
19toward English proficiency as measured by the California English
20Language Development Test or any subsequent assessment of
21English proficiency, as certified by the state board.

22(E) The English learner reclassification rate.

23(F) The percentage of pupils who have passed an advanced
24placement examination with a score of 3 or higher.

25(G) The percentage of pupils who participate in, and demonstrate
26college preparedness pursuant to, the Early Assessment Program,
27as described in Chapter 6 (commencing with Section 99300) of
28Part 65 of Division 14 of Title 3, or any subsequent assessment of
29college preparedness.

30(5) Pupil engagement, as measured by all of the following, as
31applicable:

32(A) School attendance rates.

33(B) Chronic absenteeism rates.

34(C) Middle school dropout rates, as described in paragraph (3)
35of subdivision (a) of Section 52052.1.

36(D) High school dropout rates.

37(E) High school graduation rates.

38(6) School climate, as measured by all of the following, as
39 applicable:

40(A) Pupil suspension rates.

P19   1(B) Pupil expulsion rates.

2(C) Other local measures, including surveys of pupils, parents,
3and teachers on the sense of safety and school connectedness.

4(7) The extent to which pupils have access to, and are enrolled
5in, a broad course of study that includes all of the subject areas
6described in Section 51210 and subdivisions (a) to (i), inclusive,
7of Section 51220, as applicable, including the programs and
8services developed and provided to unduplicated pupils and
9individuals with exceptional needs, and the programs and services
10that are provided to benefit these pupils as a result of the funding
11received pursuant to Section 42238.02, as implemented by Section
1242238.03.

13(8) Pupil outcomes, if available, in the subject areas described
14in Section 51210 and subdivisions (a) to (i), inclusive, of Section
1551220, as applicable.

16(e) For purposes of the descriptions required by subdivision (c),
17the governing board of a school district may consider qualitative
18information, including, but not limited to, findings that result from
19school quality reviews conducted pursuant to subparagraph (J) of
20paragraph (4) of subdivision (a) of Section 52052 or any other
21reviews.

22(f) To the extent practicable, data reported in a local control and
23accountability plan shall be reported in a manner consistent with
24how information is reported on a school accountability report card.

25(g) The governing board of a school district shall consult with
26teachers, principals, administrators, other school personnel, local
27bargaining units of the school district, parents, and pupils in
28developing a local control and accountability plan.

29(h) A school district may identify local priorities, goals in regard
30to the local priorities, and the method for measuring the school
31district’s progress toward achieving those goals.

32begin insert

begin insertSEC. 11.1.end insert  

end insert

begin insertSection 52060 of the end insertbegin insertEducation Codeend insertbegin insert is amended
33to read:end insert

34

52060.  

(a) On or before July 1, 2014, the governing board of
35each school district shall adopt a local control and accountability
36plan using a template adopted by the state board.

37(b) A local control and accountability plan adopted bybegin delete aend deletebegin insert theend insert
38 governing board of a school district shall be effective for a period
39of three years, and shall be updated on or before July 1 of each
40year.

P20   1(c) A local control and accountability plan adopted bybegin delete aend deletebegin insert theend insert
2 governing board of a school district shall include, for the school
3district and each school within the school district, both of the
4following:

5(1) A description of the annual goals, for all pupils and each
6subgroup of pupils identified pursuant to Section 52052, to be
7achieved for each of the state priorities identified in subdivision
8(d) and for any additional local priorities identified by the
9governing board of the school district. For purposes of this article,
10a subgroup of pupils identified pursuant to Section 52052 shall be
11a numerically significant pupil subgroup as specified in paragraphs
12(2) and (3) of subdivision (a) of Section 52052.

13(2) A description of the specific actions the school district will
14take during each year of the local control and accountability plan
15to achieve the goals identified in paragraph (1), including the
16enumeration of any specific actions necessary for that year to
17correct any deficiencies in regard to the state priorities listed in
18paragraph (1) of subdivision (d). The specific actions shall not
19supersede the provisions of existing local collective bargaining
20agreements within the jurisdiction of the school district.

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

22(1) The degree to which the teachers of the school district are
23appropriately assigned in accordance with Section 44258.9, and
24fully credentialed in the subject areas, and, for the pupils they are
25teaching, every pupil in the school district has sufficient access to
26the standards-aligned instructional materials as determined pursuant
27to Section 60119, and school facilities are maintained in good
28begin delete repairend deletebegin insert repair,end insert asbegin delete specifiedend deletebegin insert definedend insert in subdivision (d) of Section
2917002.

30(2) Implementation of the academic content and performance
31standards adopted by the state board, including how the programs
32and services will enable English learners to access the common
33core academic content standards adopted pursuant to Section
3460605.8 and the English language development standards adopted
35pursuant tobegin delete Section 60811.3end deletebegin insert former Section 60811.3, as that section
36read on June 30, 2013, or Section 60811.4,end insert
for purposes of gaining
37academic content knowledge and English language proficiency.

38(3) Parental involvement, including efforts the school district
39makes to seek parent input in making decisions for the school
40district and each individual schoolsite, and including how the
P21   1school district will promote parental participation in programs for
2unduplicated pupils and individuals with exceptional needs.

3(4) Pupil achievement, as measured by all of the following, as
4applicable:

5(A) Statewide assessments administered pursuant to Article 4
6(commencing with Section 60640) of Chapter 5 of Part 33 or any
7subsequent assessment, as certified by the state board.

8(B) The Academic Performance Index, as described in Section
952052.

10(C) The percentage of pupils who have successfully completed
11courses that satisfy the requirements for entrance to the University
12of California and the California State University, or career technical
13education sequences or programs of study that align with state
14board-approved career technicalbegin delete educationalend deletebegin insert educationend insert standards
15and frameworks, including, but not limited to, those described in
16subdivision (a) of Section 52302, subdivision (a) of Section
1752372.5, or paragraph (2) of subdivision (e) of Section 54692.

18(D) The percentage of English learner pupils who make progress
19toward English proficiency as measured by the California English
20Language Development Test or any subsequent assessment of
21English proficiency, as certified by the state board.

22(E) The English learner reclassification rate.

23(F) The percentage of pupils who have passed an advanced
24placement examination with a score of 3 or higher.

25(G) The percentage of pupils who participate in, and demonstrate
26college preparedness pursuant to, the Early Assessment Program,
27as described in Chapter 6 (commencing with Section 99300) of
28Part 65 of Division 14 of Title 3, or any subsequent assessment of
29college preparedness.

30(5) Pupil engagement, as measured by all of the following, as
31applicable:

32(A) School attendance rates.

33(B) Chronic absenteeism rates.

34(C) Middle school dropout rates, as described in paragraph (3)
35of subdivision (a) of Section 52052.1.

36(D) High school dropout rates.

37(E) High school graduation rates.

38(6) School climate, as measured by all of the following, as
39applicable:

40(A) Pupil suspension rates.

P22   1(B) Pupil expulsion rates.

2(C) Other local measures, including surveys of pupils, parents,
3and teachers on the sense of safety and school connectedness.

4(7) The extent to which pupils have access to, and are enrolled
5in, a broad course of study that includes all of the subject areas
6described in Section 51210 and subdivisions (a) to (i), inclusive,
7of Section 51220, as applicable, including the programs and
8services developed and provided to unduplicated pupils and
9individuals with exceptional needs, and thebegin delete programend deletebegin insert programsend insert
10 and services that are provided to benefit these pupils as a result of
11the funding received pursuant to Section 42238.02, as implemented
12by Section 42238.03.

13(8) Pupil outcomes, if available, in the subject areas described
14in Section 51210 and subdivisions (a) to (i), inclusive, of Section
1551220, as applicable.

16(e) For purposes of the descriptions required by subdivision (c),
17begin delete aend deletebegin insert theend insert governing board of a school district may consider qualitative
18information, including, but not limited to, findings that result from
19school quality reviews conducted pursuant to subparagraph (J) of
20paragraph (4) of subdivision (a) of Section 52052 or any other
21reviews.

22(f) To the extent practicable, data reported in a local control and
23accountability plan shall be reported in a manner consistent with
24how information is reported on a school accountability report card.

25(g) begin deleteA end deletebegin insertThe end insertgoverning board of a school district shall consult with
26teachers, principals, administrators, other school personnel, local
27bargaining units of the school district, parents, and pupils in
28developing a local control and accountability plan.

29(h) A school district may identify local priorities, goals in regard
30to the local priorities, and the method for measuring the school
31district’s progress toward achieving those goals.

begin insert

32(i) This section shall remain in effect only until January 1, 2018,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2018, deletes or extends that date.

end insert
35begin insert

begin insertSEC. 11.2.end insert  

end insert

begin insertSection 52060 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
36read:end insert

begin insert
37

begin insert52060.end insert  

(a) On or before July 1, 2014, the governing board of
38each school district shall adopt a local control and accountability
39plan using a template adopted by the state board.

P23   1(b) A local control and accountability plan adopted by the
2governing board of a school district shall be effective for a period
3of three years, and shall be updated on or before July 1 of each
4year.

5(c) A local control and accountability plan adopted by the
6governing board of a school district shall include, for the school
7district and each school within the school district, both of the
8following:

9(1) A description of the annual goals, for all pupils and each
10subgroup of pupils identified pursuant to Section 52052, to be
11achieved for each of the state priorities identified in subdivision
12(d) and for any additional local priorities identified by the
13governing board of the school district. For purposes of this article,
14a subgroup of pupils identified pursuant to Section 52052 shall be
15a numerically significant pupil subgroup as specified in paragraphs
16(2) and (3) of subdivision (a) of Section 52052.

17(2) A description of the specific actions the school district will
18take during each year of the local control and accountability plan
19to achieve the goals identified in paragraph (1), including the
20enumeration of any specific actions necessary for that year to
21correct any deficiencies in regard to the state priorities listed in
22paragraph (1) of subdivision (d). The specific actions shall not
23supersede the provisions of existing local collective bargaining
24agreements within the jurisdiction of the school district.

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

26(1) The degree to which the teachers of the school district are
27appropriately assigned in accordance with Section 44258.9, and
28fully credentialed in the subject areas, and, for the pupils they are
29teaching, every pupil in the school district has sufficient access to
30the standards-aligned instructional materials as determined
31pursuant to Section 60119, and school facilities are maintained
32in good repair, as defined in subdivision (d) of Section 17002.

33(2) Implementation of the academic content and performance
34standards adopted by the state board, including how the programs
35and services will enable English learners to access the common
36core academic content standards adopted pursuant to Section
3760605.8 and the English language development standards adopted
38pursuant to former Section 60811.3, as that section read on June
3930, 2013, or Section 60811.4, for purposes of gaining academic
40content knowledge and English language proficiency.

P24   1(3) Parental involvement, including efforts the school district
2makes to seek parent input in making decisions for the school
3district and each individual schoolsite, and including how the
4school district will promote parental participation in programs
5for unduplicated pupils and individuals with exceptional needs.

6(4) Pupil achievement, as measured by all of the following, as
7applicable:

8(A) Statewide assessments administered pursuant to Article 4
9(commencing with Section 60640) of Chapter 5 of Part 33 or any
10subsequent assessment, as certified by the state board.

11(B) The Academic Performance Index, as described in Section
1252052.

13(C) The percentage of pupils who have successfully completed
14courses that satisfy the requirements for entrance to the University
15of California and the California State University, or career
16technical education sequences or programs of study that align
17with state board-approved career technical education standards
18and frameworks, including, but not limited to, those described in
19subdivision (a) of Section 52302, subdivision (a) of Section
2052372.5, or paragraph (2) of subdivision (e) of Section 54692.

21(D) The percentage of English learner pupils who make progress
22toward English proficiency as measured by the California English
23Language Development Test or any subsequent assessment of
24English proficiency, as certified by the state board.

25(E) The English learner reclassification rate.

26(F) The percentage of pupils who have passed an advanced
27placement examination with a score of 3 or higher.

28(G) The percentage of pupils who participate in, and
29demonstrate college preparedness pursuant to, the Early
30Assessment Program, as described in Chapter 6 (commencing with
31Section 99300) of Part 65 of Division 14 of Title 3, or any
32subsequent assessment of college preparedness.

33(5) Pupil engagement, as measured by all of the following, as
34applicable:

35(A) School attendance rates.

36(B) Chronic absenteeism rates.

37(C) Middle school dropout rates, as described in paragraph (3)
38of subdivision (a) of Section 52052.1.

39(D) High school dropout rates.

40(E) High school graduation rates.

P25   1(6) School climate, as measured by all of the following, as
2applicable:

3(A) Pupil suspension rates.

4(B) Pupil expulsion rates.

5(C) If the governing board of the school district chooses to
6include it, compliance with the federal gender equity requirements
7under Title IX of the Education Amendments of 1972 (20 U.S.C.
8Sec. 1681 et seq.), including, but not limited to, the total number
9of pupils, by gender, participating in interscholastic athletics.

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

12(7) The extent to which pupils have access to, and are enrolled
13in, a broad course of study that includes all of the subject areas
14described in Section 51210 and subdivisions (a) to (i), inclusive,
15of Section 51220, as applicable, including the programs and
16services developed and provided to unduplicated pupils and
17individuals with exceptional needs, and the programs and services
18that are provided to benefit these pupils as a result of the funding
19received pursuant to Section 42238.02, as implemented by Section
2042238.03.

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

24(e) For purposes of the descriptions required by subdivision
25(c), the governing board of a school district may consider
26qualitative information, including, but not limited to, findings that
27result from school quality reviews conducted pursuant to
28subparagraph (J) of paragraph (4) of subdivision (a) of Section
2952052 or any other reviews.

30(f) To the extent practicable, data reported in a local control
31and accountability plan shall be reported in a manner consistent
32with how information is reported on a school accountability report
33card.

34(g) The governing board of a school district shall consult with
35teachers, principals, administrators, other school personnel, local
36bargaining units of the school district, parents, and pupils in
37developing a local control and accountability plan.

38(h) A school district may identify local priorities, goals in regard
39to the local priorities, and the method for measuring the school
40district’s progress toward achieving those goals.

P26   1(i) This section shall become operative on January 1, 2018.

end insert
2

SEC. 12.  

Section 56043 of the Education Code is amended to
3read:

4

56043.  

The primary timelines affecting special education
5programs are as follows:

6(a) A proposed assessment plan shall be developed within 15
7calendar days of referral for assessment, not counting calendar
8days between the pupil’s regular school sessions or terms or
9calendar days of school vacation in excess of five schooldays, from
10the date of receipt of the referral, unless the parent or guardian
11agrees in writing to an extension, pursuant to subdivision (a) of
12Section 56321.

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

16(c) Once a child has been referred for an initial assessment to
17determine whether the child is an individual with exceptional needs
18and to determine the educational needs of the child, these
19determinations shall be made, and an individualized education
20program team meeting shall occur within 60 days of receiving
21parental consent for the assessment, pursuant to subdivision (a) of
22Section 56302.1, except as specified in subdivision (b) of that
23section, and pursuant to Section 56344.

24(d) The individualized education program team shall review the
25pupil’s individualized education program periodically, but not less
26frequently than annually, pursuant to subdivision (d) of Section
2756341.1.

28(e) A parent or guardian shall be notified of the individualized
29education program team meeting early enough to ensure an
30opportunity to attend, pursuant to subdivision (b) of Section
3156341.5. In the case of an individual with exceptional needs who
32is 16 years of age or younger, if appropriate, the meeting notice
33shall indicate that a purpose of the meeting will be the
34consideration of the postsecondary goals and transition services
35for the individual with exceptional needs, and the meeting notice
36described in this subdivision shall indicate that the individual with
37exceptional needs is invited to attend, pursuant to subdivision (e)
38of Section 56341.5.

39(f) (1) An individualized education program required as a result
40of an assessment of a pupil shall be developed within a total time
P27   1not to exceed 60 calendar days, not counting days between the
2pupil’s regular school sessions, terms, or days of school vacation
3in excess of five schooldays, from the date of receipt of the parent’s
4or guardian’s written consent for assessment, unless the parent or
5guardian agrees in writing to an extension, pursuant to Section
656344.

7(2) A meeting to develop an initial individualized education
8program for the pupil shall be conducted within 30 days of a
9determination that the child needs special education and related
10services pursuant to Section 300.323(c)(1) of Title 34 of the Code
11of Federal Regulations and in accordance with Section 56344.

12(g) (1) Beginning not later than the first individualized
13education program to be in effect when the pupil is 16 years of
14age, or younger if determined appropriate by the individualized
15education program team, and updated annually thereafter, the
16individualized education program shall include appropriate
17measurable postsecondary goals and transition services needed to
18assist the pupil in reaching those goals, pursuant to paragraph (8)
19of subdivision (a) of Section 56345.

20(2) The individualized education program for pupils in grades
217 to 12, inclusive, shall include any alternative means and modes
22necessary for the pupil to complete the district’s prescribed course
23of study and to meet or exceed proficiency standards for graduation,
24pursuant to paragraph (1) of subdivision (b) of Section 56345.

25(3) Beginning not later than one year before the pupil reaches
26begin delete the age of 18 years,end deletebegin insert 18 years of age,end insert the individualized education
27program shall contain a statement that the pupil has been informed
28of the pupil’s rights under this part, if any, that will transfer to the
29pupil upon reachingbegin delete the age of 18 years,end deletebegin insert 18 years of age,end insert pursuant
30to Section 56041.5, subdivision (g) of Section 56345, and Section
31300.520 of Title 34 of the Code of Federal Regulations.

32(h) Beginning at the age of 16 years or younger, and annually
33thereafter, a statement of needed transition services shall be
34included in the pupil’s individualized education program, pursuant
35to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20
36of the United States Code.

37(i) A pupil’s individualized education program shall be
38implemented as soon as possible following the individualized
39education program team meeting, pursuant to Section 300.323(c)(2)
P28   1of Title 34 of the Code of Federal Regulations and in accordance
2with Section 56344.

3(j) An individualized education program team shall meet at least
4annually to review a pupil’s progress, the individualized education
5program, including whether the annual goals for the pupil are being
6achieved, the appropriateness of the placement, and to make any
7necessary revisions, pursuant to subdivision (d) of Section 56343.
8The local educational agency shall maintain procedures to ensure
9that the individualized education program team reviews the pupil’s
10individualized education program periodically, but not less
11frequently than annually, to determine whether the annual goals
12for the pupil are being achieved, and revises the individualized
13education program as appropriate to address, among other matters,
14the provisions specified in subdivision (d) of Section 56341.1,
15pursuant to subdivision (a) of Section 56380.

16(k) A reassessment of a pupil shall occur not more frequently
17than once a year, unless the parent and the local educational agency
18agree otherwise in writing, and shall occur at least once every three
19years, unless the parent and the local educational agency agree, in
20writing, that a reassessment is unnecessary, pursuant to Section
2156381, and in accordance with Section 1414(a)(2) of Title 20 of
22the United States Code.

23(l) A meeting of an individualized education program team
24requested by a parent or guardian to review an individualized
25education program pursuant to subdivision (c) of Section 56343
26shall be held within 30 calendar days, not counting days between
27the pupil’s regular school sessions, terms, or days of school
28vacation in excess of five schooldays, from the date of receipt of
29the parent’s or guardian’s written request, pursuant to Section
3056343.5.

31(m) If an individual with exceptional needs transfers from
32district to district within the state, the following are applicable
33pursuant to Section 56325:

34(1) If the child has an individualized education program and
35transfers into a district from a district not operating programs under
36the same local plan in which he or she was last enrolled in a special
37education program within the same academic year, the local
38educational agency shall provide the pupil with a free appropriate
39public education, including services comparable to those described
40in the previously approved individualized education program, in
P29   1consultation with the parents or guardians, for a period not to
2exceed 30 days, by which time the local educational agency shall
3adopt the previously approved individualized education program
4or shall develop, adopt, and implement a new individualized
5education program that is consistent with federal and state law,
6pursuant to paragraph (1) of subdivision (a) of Section 56325.

7(2) If the child has an individualized education program and
8transfers into a district from a district operating programs under
9the same special education local plan area of the district in which
10he or she was last enrolled in a special education program within
11the same academic year, the new district shall continue, without
12delay, to provide services comparable to those described in the
13existing approved individualized education program, unless the
14parent and the local educational agency agree to develop, adopt,
15and implement a new individualized education program that is
16consistent with state and federal law, pursuant to paragraph (2) of
17subdivision (a) of Section 56325.

18(3) If the child has an individualized education program and
19transfers from an educational agency located outside the state to
20a district within the state within the same academic year, the local
21educational agency shall provide the pupil with a free appropriate
22public education, including services comparable to those described
23in the previously approved individualized education program, in
24consultation with the parents or guardians, until the local
25educational agency conducts an assessment as specified in
26paragraph (3) of subdivision (a) of Section 56325.

27(4) In order to facilitate the transition for an individual with
28exceptional needs described in paragraphs (1) to (3), inclusive, the
29new school in which the pupil enrolls shall take reasonable steps
30to promptly obtain the pupil’s records, as specified, pursuant to
31subdivision (b) of Section 56325.

32(n) The parent or guardian shall have the right and opportunity
33to examine all school records of the child and to receive complete
34copies within five business days after a request is made by the
35parent or guardian, either orally or in writing, and before any
36meeting regarding an individualized education program of his or
37her child or any hearing or resolution session pursuant to Chapter
385 (commencing with Section 56500), in accordance with Section
3956504 and Chapter 6.5 (commencing with Section 49060) of Part
4027.

P30   1(o) Upon receipt of a request from a local educational agency
2where an individual with exceptional needs has enrolled, a former
3educational agency shall send the pupil’s special education records,
4or a copy of those records, to the new local educational agency
5within five working days, pursuant to subdivision (a) of Section
63024 of Title 5 of the California Code of Regulations.

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

8(1) Have a time limit of 60 calendar days after a complaint is
9filed with the state educational agency to investigate the complaint.

10(2) Give the complainant the opportunity to submit additional
11information about the allegations in the complaint.

12(3) Review all relevant information and make an independent
13determination as to whether there is a violation of a requirement
14of this part or Part B of the federal Individuals with Disabilities
15Education Act (20 U.S.C. Sec. 1400 et seq.).

16(4) Issue a written decision pursuant to Section 300.152(a)(5)
17of Title 34 of the Code of Federal Regulations.

18(q) A prehearing mediation conference shall be scheduled within
1915 calendar days of receipt by the Superintendent of the request
20for mediation, and shall be completed within 30 calendar days
21after the request for mediation, unless both parties to the prehearing
22mediation conference agree to extend the time for completing the
23mediation, pursuant to Section 56500.3.

24(r) Any request for a due process hearing arising from
25subdivision (a) of Section 56501 shall be filed within two years
26from the date the party initiating the request knew or had reason
27to know of facts underlying the basis for the request, except that
28this timeline shall not apply to a parent if the parent was prevented
29from requesting the due process hearing, pursuant to subdivision
30(l) of Section 56505.

31(s) The Superintendent shall ensure that, within 45 calendar
32days after receipt of a written due process hearing request, the
33hearing is immediately commenced and completed, including any
34mediation requested at any point during the hearing process, and
35a final administrative decision is rendered, pursuant to subdivision
36(f) of Section 56502.

37(t) If either party to a due process hearing intends to be
38represented by an attorney in the due process hearing, notice of
39that intent shall be given to the other party at least 10 calendar
P31   1days before the hearing, pursuant to subdivision (a) of Section
256507.

3(u) Any party to a due process hearing shall have the right to
4be informed by the other parties to the hearing, at least 10 calendar
5days before the hearing, as to what those parties believe are the
6issues to be decided at the hearing and their proposed resolution
7of those issues, pursuant to paragraph (6) of subdivision (e) of
8Section 56505.

9(v) Any party to a due process hearing shall have the right to
10receive from other parties to the hearing, at least five business days
11 before the hearing, a copy of all documents, including all
12assessments completed and not completed by that date, and a list
13of all witnesses and their general area of testimony that the parties
14intend to present at the hearing, pursuant to paragraph (7) of
15subdivision (e) of Section 56505.

16(w) An appeal of a due process hearing decision shall be made
17within 90 calendar days of receipt of the hearing decision, pursuant
18to subdivision (k) of Section 56505.

19(x) A complaint filed with the department shall allege a violation
20of the federal Individuals with Disabilities Education Act (20
21U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred
22not more than one year before the date that the complaint is
23received by the department, pursuant to Section 56500.2 and
24Section 300.153(c) of Title 34 of the Code of Federal Regulations.

25

SEC. 13.  

Section 56363.5 of the Education Code is repealed.

26

SEC. 14.  

Section 56363.5 is added to the Education Code, to
27read:

28

56363.5.  

Pursuant to Section 300.154(d)(2)(iv) and (v) of Title
2934 of the Code of Federal Regulations, if an individual with
30exceptional needs is covered by public benefits or insurance, a
31public agency may use Medicaid, other public benefits, or
32insurance programs in which a pupil participates to provide or pay
33for the services required by this part, the federal Individuals with
34Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Part
35300 of Title 34 of the Code of Federal Regulations, if both of the
36following conditions are met:

37(a) The public agency provides written notification to the pupil’s
38parents.

P32   1(b) The public agency obtains written parental consent before
2accessing the pupil’s or parents’ public benefits or insurance for
3the first time, and annually thereafter.

4

SEC. 15.  

Section 56366.1 of the Education Code is amended
5to read:

6

56366.1.  

(a) A nonpublic, nonsectarian school or agency that
7seeks certification shall file an application with the Superintendent
8on forms provided by the department, and shall include all of the
9following information on the application:

10(1) A description of the special education and designated
11instruction and services provided to individuals with exceptional
12needs if the application is for nonpublic, nonsectarian school
13certification.

14(2) A description of the designated instruction and services
15provided to individuals with exceptional needs if the application
16is for nonpublic, nonsectarian agency certification.

17(3) A list of appropriately qualified staff, a description of the
18credential, license, or registration that qualifies each staff member
19rendering special education or designated instruction and services
20to do so, and copies of their credentials, licenses, or certificates of
21registration with the appropriate state or national organization that
22has established standards for the service rendered.

23(4) An annual operating budget.

24(5) Affidavits and assurances necessary to comply with all
25applicable federal, state, and local laws and regulations that include
26criminal record summaries required of all nonpublic, nonsectarian
27school or agency personnel having contact with minor children
28under Section 44237.

29(b) (1) The applicant shall provide the special education local
30plan area in which the applicant is located with the written
31 notification of its intent to seek certification or renewal of its
32certification. The local educational agency representatives shall
33acknowledge that they have been notified of the intent to certify
34or renew certification. The acknowledgment shall include a
35statement that representatives of the local educational agency for
36the area in which the applicant is located have had the opportunity
37to review the application at least 60 calendar days before
38submission of an initial application to the Superintendent, or at
39least 30 calendar days before submission of a renewal application
40to the Superintendent. The acknowledgment shall provide
P33   1assurances that local educational agency representatives have had
2the opportunity to provide input on all required components of the
3application.

4(2) If the local educational agency has not acknowledged an
5applicant’s intent to be certified 60 calendar days from the date of
6submission for initial applications or 30 calendar days from the
7date of the return receipt for renewal applications, the applicant
8may file the application with the Superintendent.

9(3) The department shall provide electronic notification of the
10availability of renewal application materials to certified nonpublic,
11nonsectarian schools and agencies at least 120 days before the date
12their current certification expires.

13(c) If the applicant operates a facility or program on more than
14one site, each site shall be certified.

15(d) If the applicant is part of a larger program or facility on the
16same site, the Superintendent shall consider the effect of the total
17program on the applicant. A copy of the policies and standards for
18the nonpublic, nonsectarian school or agency and the larger
19program shall be available to the Superintendent.

20(e) (1) Before certification, the Superintendent shall conduct
21an onsite review of the facility and program for which the applicant
22seeks certification. The Superintendent may be assisted by
23representatives of the special education local plan area in which
24the applicant is located and a nonpublic, nonsectarian school or
25agency representative who does not have a conflict of interest with
26the applicant. The Superintendent shall conduct an additional onsite
27review of the facility and program within three years of the
28effective date of the certification, unless the Superintendent
29conditionally certifies the nonpublic, nonsectarian school or
30agency, or unless the Superintendent receives a formal complaint
31against the nonpublic, nonsectarian school or agency. In the latter
32two cases, the Superintendent shall conduct an onsite review at
33least annually.

34(2) In carrying out this subdivision, the Superintendent may
35verify that the nonpublic, nonsectarian school or agency has
36received a successful criminal background check clearance and
37has enrolled in subsequent arrest notice service, pursuant to Section
3844237, for each owner, operator, and employee of the nonpublic,
39nonsectarian school or agency.

P34   1(f) The Superintendent shall make a determination on an
2application within 120 days of receipt of the application and shall
3certify, conditionally certify, or deny certification to the applicant.
4If the Superintendent fails to take one of these actions within 120
5days, the applicant is automatically granted conditional certification
6for a period terminating on August 31 of the current school year.
7If certification is denied, the Superintendent shall provide reasons
8for the denial. The Superintendent shall not certify the nonpublic,
9nonsectarian school or agency for a period longer than one year.

10(g) Certification becomes effective on the date the nonpublic,
11nonsectarian school or agency meets all the application
12requirements and is approved by the Superintendent. Certification
13may be retroactive if the nonpublic, nonsectarian school or agency
14met all the requirements of this section on the date the retroactive
15certification is effective. Certification expires on December 31 of
16the terminating year.

17(h) The Superintendent annually shall review the certification
18of each nonpublic, nonsectarian school or agency. For this purpose,
19a certified nonpublic, nonsectarian school or agency annually shall
20update its application between August 1 and October 31, unless
21the state board grants a waiver pursuant to Section 56101. The
22Superintendent may conduct an onsite review as part of the annual
23review.

24(i) (1) The Superintendent shall conduct an investigation of a
25nonpublic, nonsectarian school or agency onsite at any time without
26prior notice if there is substantial reason to believe that there is an
27immediate danger to the health, safety, or welfare of a child. The
28Superintendent shall document the concern and submit it to the
29nonpublic, nonsectarian school or agency at the time of the onsite
30investigation. The Superintendent shall require a written response
31to any noncompliance or deficiency found.

32(2) With respect to a nonpublic, nonsectarian school, the
33Superintendent shall conduct an investigation, which may include
34an unannounced onsite visit, if the Superintendent receives
35evidence of a significant deficiency in the quality of educational
36services provided, a violation of Section 56366.9, or
37noncompliance with the policies expressed by subdivision (b) of
38Section 1501 of the Health and Safety Code by the nonpublic,
39nonsectarian school. The Superintendent shall document the
40complaint and the results of the investigation and shall provide
P35   1copies of the documentation to the complainant, the nonpublic,
2nonsectarian school, and the contracting local educational agency.

3(3) Violations or noncompliance documented pursuant to
4paragraph (1) or (2) shall be reflected in the status of the
5certification of the nonpublic, nonsectarian school or agency, at
6the discretion of the Superintendent, pending an approved plan of
7correction by the nonpublic, nonsectarian school or agency. The
8department shall retain for a period of 10 years all violations
9pertaining to certification of the nonpublic, nonsectarian school
10or agency.

11(4) In carrying out this subdivision, the Superintendent may
12verify that the nonpublic, nonsectarian school or agency received
13a successful criminal background check clearance and has enrolled
14in subsequent arrest notice service, pursuant to Section 44237, for
15each owner, operator, and employee of the nonpublic, nonsectarian
16school or agency.

17(j) The Superintendent shall monitor the facilities, the
18educational environment, and the quality of the educational
19program, including the teaching staff, the credentials authorizing
20service, the standards-based core curriculum being employed, and
21the standards-focused instructional materials used, of an existing
22certified nonpublic, nonsectarian school or agency on a three-year
23cycle, as follows:

24(1) The nonpublic, nonsectarian school or agency shall complete
25a self-review in year one.

26(2) The Superintendent shall conduct an onsite review of the
27 nonpublic, nonsectarian school or agency in year two.

28(3) The Superintendent shall conduct a followup visit to the
29nonpublic, nonsectarian school or agency in year three.

30(k) (1) Notwithstanding any other law, the Superintendent shall
31not certify a nonpublic, nonsectarian school or agency that proposes
32to initiate or expand services to pupils currently educated in the
33immediate prior fiscal year in a juvenile court program, community
34school pursuant to Section 56150, or other nonspecial education
35program, including independent study or adult school, or both,
36unless the nonpublic, nonsectarian school or agency notifies the
37county superintendent of schools and the special education local
38plan area in which the proposed new or expanded nonpublic,
39nonsectarian school or agency is located of its intent to seek
40certification.

P36   1(2) The notification shall occur no later than the December 1
2before the new fiscal year in which the proposed or expanding
3school or agency intends to initiate services. The notice shall
4include the following:

5(A) The specific date upon which the proposed nonpublic,
6nonsectarian school or agency is to be established.

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

8(C) The number of pupils proposed for services, the number of
9pupils currently served in the juvenile court, community school,
10or other nonspecial education program, the current school services
11including special education and related services provided for these
12pupils, and the specific program of special education and related
13services to be provided under the proposed program.

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

15(E) The number of staff who will provide special education and
16designated instruction and services and hold a current valid
17California credential or license in the service rendered.

18(3) In addition to the requirements in subdivisions (a) to (f),
19inclusive, the Superintendent shall require and consider the
20following in determining whether to certify a nonpublic,
21nonsectarian school or agency as described in this subdivision:

22(A) A complete statement of the information required as part
23of the notice under paragraph (1).

24(B) Documentation of the steps taken in preparation for the
25conversion to a nonpublic, nonsectarian school or agency, including
26information related to changes in the population to be served and
27the services to be provided pursuant to each pupil’s individualized
28education program.

29(4) Notwithstanding any other law, the certification becomes
30effective no earlier than July 1 if the nonpublic, nonsectarian school
31or agency provided the notification required pursuant to paragraph
32(1).

33(l) (1) Notwithstanding any other law, the Superintendent shall
34not certify or renew the certification of a nonpublic, nonsectarian
35school or agency, unless all of the following conditions are met:

36(A) The entity operating the nonpublic, nonsectarian school or
37agency maintains separate financial records for each entity that it
38operates, with each nonpublic, nonsectarian school or agency
39identified separately from any licensed children’s institution that
40it operates.

P37   1(B) The entity submits an annual budget that identifies the
2projected costs and revenues for each entity and demonstrates that
3the rates to be charged are reasonable to support the operation of
4the entity.

5(C) The entity submits an entitywide annual audit that identifies
6its costs and revenues, by entity, in accordance with generally
7accepted accounting and auditing principles. The audit shall clearly
8document the amount of moneys received and expended on the
9educational program provided by the nonpublic, nonsectarian
10school.

11(D) The relationship between various entities operated by the
12same entity are documented, defining the responsibilities of the
13entities. The documentation shall clearly identify the services to
14be provided as part of each program, for example, the residential
15or medical program, the mental health program, or the educational
16program. The entity shall not seek funding from a public agency
17for a service, either separately or as part of a package of services,
18if the service is funded by another public agency, either separately
19or as part of a package of services.

20(2) For purposes of this section, “licensed children’s institution”
21has the same meaning as it is defined by Section 56155.5.

22(m) (1) The nonpublic, nonsectarian school or agency shall be
23charged a reasonable fee for certification. The Superintendent may
24adjust the fee annually commensurate with the statewide average
25percentage inflation adjustment computed for local control funding
26formula allocations pursuant to Section 42238.02, as implemented
27by Section 42238.03, of unified school districts with greater than
281,500 units of average daily attendance if the percentage increase
29is reflected in the school district local control funding formula
30allocation pursuant to Section 42238.02, as implemented by Section
3142238.03, for inflation purposes. For purposes of this section, the
32base fee shall be the following:


33

 

(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

P37  39

 

P38   1(2) The nonpublic, nonsectarian school or agency shall pay this
2fee when it applies for certification and when it updates its
3application for annual renewal by the Superintendent. The
4Superintendent shall use these fees to conduct onsite reviews,
5which may include field experts. A fee shall not be refunded if the
6application is withdrawn or is denied by the Superintendent.

7(n) (1) Notwithstanding any other law, only those nonpublic,
8nonsectarian schools or agencies that provide special education
9and designated instruction and services using staff who hold a
10certificate, permit, or other document equivalent to that which staff
11in a public school are required to hold in the service rendered are
12eligible to receive certification. Only those nonpublic, nonsectarian
13schools or agencies located outside of California that employ staff
14who hold a current valid credential or license to render special
15education and related services as required by that state shall be
16eligible to be certified.

17(2) The state board shall develop regulations to implement this
18subdivision.

19(o) In addition to meeting the standards adopted by the state
20board, a nonpublic, nonsectarian school or agency shall provide
21written assurances that it meets all applicable standards relating
22to fire, health, sanitation, and building safety.

23(p) (1) Notwithstanding subdivision (n) of Section 44237, and
24for purposes of enabling the Superintendent to carry out his or her
25duties pursuant to this section, a nonpublic, nonsectarian school
26or agency shall, upon demand, make available to the
27 Superintendent evidence of a successful criminal background check
28clearance and enrollment in subsequent arrest notice service,
29conducted pursuant to Section 44237, for each owner, operator,
30and employee of the nonpublic, nonsectarian school or agency.

31(2) The nonpublic, nonsectarian school or agency shall retain
32the evidence and store it in a locked file separate from other files.

33

SEC. 16.  

Section 56440 of the Education Code is amended to
34read:

35

56440.  

(a) Each special education local plan area shall submit
36to the Superintendent, as part of the local plan, information for
37providing special education and services to individuals with
38exceptional needs, as defined in Section 56026, who are between
39the ages of three and five years, inclusive.

P39   1(b) All individuals with exceptional needs between the ages of
2three and five years, inclusive, identified in subdivision (a) shall
3be served by the local educational agencies within each special
4education local plan area, to the extent required under federal law
5and pursuant to the local plan and application approved by the
6Superintendent.

7(c) Individuals with exceptional needs between the ages of three
8and five years, inclusive, who are identified by the local educational
9agency as requiring special education andbegin delete services, as defined by
10the board,end delete
begin insert servicesend insert shall be eligible for special education and
11services pursuant to thisbegin delete part and shall not be subject to any
12phase-in plan.end delete
begin insert part.end insert

13(d) Special education facilities operated by local educational
14agencies serving children under this chapter and Chapter 4.4
15(commencing with Section 56425) shall meet all applicable
16standards relating to fire, health, sanitation, and building safety,
17but are not subject to Chapter 3.4 (commencing with Section
181596.70), 3.5 (commencing with Section 1596.90), or 3.6
19(commencing with Section 1597.30) of Division 2 of the Health
20and Safety Code.

21(e) This chapter applies to all individuals with exceptional needs
22between the ages of three and five years, inclusive.

23

SEC. 17.  

Section 60603 of the Education Code is amended to
24read:

25

60603.  

As used in this chapter:

26(a) “Achievement level descriptors” means a narrative
27description of the knowledge, skills, and processes expected of
28pupils at different grade levels and at different performance levels
29on achievement tests.

30(b) “Achievement test” means any summative standardized test
31that measures the level of performance that a pupil has achieved
32on state-adopted content standards.

33(c) “California Assessment of Student Performance and Progress
34(CAASPP)” means the comprehensive assessment system,
35inclusive of consortium-developed assessments, that has the
36primary purpose of modeling and promoting high-quality teaching
37and instruction using a variety of assessment approaches and item
38types.

39(d) “Census administration” means a test administration in which
40all pupils take comparable assessments of the same content and
P40   1where results of individual performance are appropriate and
2meaningful to parents, pupils, and teachers.

3(e) “Computer-adaptive assessment” means a computer-based
4test that utilizes a computer program to adjust the difficulty of test
5items throughout a testing session based on a test taker’s responses
6to previous test items during that testing session.

7(f) “Computer-based assessment” means a test administered
8using an electronic computing device.

9(g) “Consortium” means a multistate collaborative organized
10to develop a comprehensive system of assessments or formative
11tools such as described in Section 60605.7.

12(h) “Constructed-response questions” means a type of
13assessment item that requires pupils to construct their own answers.

14(i) “Content standards” means the specific academic knowledge,
15skills, and abilities that all public schools in this state are expected
16to teach, and all pupils are expected to learn, in reading, writing,
17mathematics, history-social science, foreign languages, visual and
18performing arts, and science, at each grade level tested.

19(j) “Diagnostic assessment” means an assessment of particular
20knowledge or skills a pupil has or has not yet achieved for the
21purpose of informing instruction and making placement decisions.

22(k) “End of course examination” means a comprehensive and
23challenging assessment of pupil achievement in a particular subject
24area or discipline.

25(l) “Field test” means an assessment or assessment items
26administered to a representative sample of a population to ensure
27that the test or item produces results that are valid, reliable, and
28fair.

29(m) “Formative assessment tools” means assessment tools and
30processes that are embedded in instruction and used by teachers
31and pupils to provide timely feedback for purposes of adjusting
32instruction to improve learning.

33(n) “High-quality assessment” means an assessment designed
34to measure a pupil’s knowledge of, understanding of, and ability
35to apply, critical concepts through the use of a variety of item types
36and formats, including, but not necessarily limited to, items that
37allow for constructed responses and items that require the
38completion of performance tasks. A high-quality assessment should
39have the following characteristics:

P41   1(1) Enable measurement of pupil achievement and pupil growth
2to the extent feasible.

3(2) Be of high technical quality by being valid, reliable, fair,
4and aligned to standards.

5(3) Incorporate technology where appropriate.

6(4) Include the assessment of pupils with disabilities and English
7learners.

8(5) Use, to the extent feasible, universal design principles, as
9defined in Section 3 of the federal Assistive Technology Act of
101998 (29 U.S.C. Sec. 3002) in its development and administration.

11(o) “Interim assessment” means an assessment that is designed
12to be given at regular intervals throughout the school year to
13evaluate a pupil’s knowledge and skills relative to a specific set
14of academic standards, and produces results that can be aggregated
15by course, grade level, school, or local educational agency in order
16to inform teachers and administrators at the pupil, classroom,
17school, and local educational agency levels.

18(p) “Local educational agency” means a county office of
19education, school district, state special school, or direct-funded
20charter school as described in Section 47651.

21(q) “Matrix sampling” means administering different portions
22of a single assessment to different groups of pupils for the purpose
23of sampling a broader representation of content and reducing
24testing time.

25(r) “Performance standards” are standards that define various
26levels of competence at each grade level in each of the curriculum
27areas for which content standards are established. Performance
28standards gauge the degree to which a pupil has met the content
29standards and the degree to which a school or school district has
30met the content standards.

31(s) “Performance tasks” are a collection of questions or activities
32that relate to a single scenario that include pupil interaction with
33stimulus. Performance tasks are a means to assess more complex
34skills such as writing, research, and analysis.

35(t) “Personally identifiable information” includes a pupil’s name
36and other direct personal identifiers, such as the pupil’s
37identification number. Personally identifiable information also
38includes indirect identifiers, such as the pupil’s address and
39personal characteristics, or other information that would make the
P42   1pupil’s identity easily traceable through the use of a single or
2multiple data sources, including publicly available information.

3(u) “Population sampling” means administering assessments to
4a representative sample of pupils instead of the entire pupil
5population. The sample of pupils shall be representative in terms
6of various pupil subgroups, including, but not necessarily limited
7to, English learners and pupils with disabilities.

8(v) “Recently arrived English learner” means a pupil designated
9as an English learner who is in his or her first 12 months of
10attending a school in the United States.

11(w) “State-determined assessment calendar” means the
12scheduling of assessments, exclusive of those subject area
13assessments listed in subdivision (b) of Section 60640, over several
14years on a predetermined schedule. Content areas and grades shall
15only be assessed after being publicly announced at least two school
16years in advance of the assessment.

17(x) “Summative assessment” means an assessment designed to
18be given near the end of the school year to evaluate a pupil’s
19knowledge and skills relative to a specific set of academic
20standards.

21

SEC. 18.  

Section 60604 of the Education Code is amended to
22read:

23

60604.  

(a) The Superintendent shall design and implement,
24consistent with the timetable and plan required pursuant to
25subdivision (b), a statewide pupil assessment system consistent
26with the testing requirements of this article in accordance with the
27objectives set forth in Section 60602.5. That system shall include
28all of the following:

29(1) Exclusive of the consortium assessments, a plan for
30producing or adopting valid, fair, and reliable achievement tests
31as recommended by the Superintendent and adopted by the state
32board pursuant to the California Assessment of Student
33Performance and Progress (CAASPP) established by Article 4
34(commencing with Section 60640).

35(2) A plan for administering the consortium summative
36assessment as outlined by the joint agreement of the consortium.

37(3) Statewide academically rigorous content and performance
38standards that reflect the knowledge and complex skills that pupils
39will need in order to succeed in the information-based, global
40economy of the 21st century. These skills shall not include personal
P43   1behavioral standards or skills, including, but not limited to, honesty,
2sociability, ethics, or self-esteem.

3(4) A statewide system that provides the results of testing in a
4manner that reflects the degree to which pupils are achieving the
5academically rigorous content and performance standards adopted
6by the state board.

7(5) The alignment of assessment with the statewide academically
8rigorous content and performance standards adopted by the state
9board.

10(6) The active, ongoing involvement of parents, classroom
11teachers, administrators, other educators, governing board members
12of school districts, business community members, institutions of
13higher education, and the public in all phases of the design and
14implementation of the statewide pupil assessment system.

15(7) A plan for ensuring the security and integrity of the CAASPP
16assessments.

17(8) The development of a contract or contracts with a contractor
18for the development or administration of achievement tests and
19performance tasks aligned to state-adopted content standards,
20including summative assessments or assessments that employ
21matrix sampling or population sampling methods.

22(b) The Superintendent shall develop and annually update for
23the Legislature a five-year cost projection, implementation plan
24for the CAASPP, and a timetable for implementing the system
25described in Section 60640. The annual update shall be submitted
26on or before March 1 of each year to the Department of Finance,
27the state board, and the respective chairpersons of the appropriate
28fiscal subcommittees considering budget appropriations and the
29appropriate policy committees in each house. The update shall
30explain any significant variations from the five-year cost projection
31for the current year budget and the proposed budget.

32(c) The Superintendent shall make resources available that are
33designed to assist with the interpretation and use of the CAASPP
34results to promote the use of the results for purposes of improving
35pupil learning and educational programs across the full curriculum.
36The Superintendent shall consider information already provided
37by assessment consortia to which California belongs or assessment
38contractors when fulfilling this requirement.

39(d) The Superintendent shall make information and resources
40available to parents, teachers, pupils, administrators, school board
P44   1members, and the public regarding the CAASPP, including, but
2not necessarily limited to, system goals, purposes, scoring systems,
3results, valid uses of assessments, and information on the
4relationship between performance on the previous state assessments
5and the CAASPP.

6(e) The Superintendent and the state board shall consider
7comments and recommendations from teachers, administrators,
8pupil representatives, institutions of higher education, and the
9public in the development, adoption, and approval of assessment
10instruments.

11(f) The results of the achievement tests, exclusive of the
12consortium summative assessments, administered pursuant to
13Article 4 (commencing with Section 60640), shall be returned to
14the local educational agencies within the period of time specified
15by the state board.

16

SEC. 19.  

Section 60607 of the Education Code is amended to
17read:

18

60607.  

(a) Each pupil shall have an individual record of
19accomplishment by the end of grade 12 that includes the results
20of the achievement test required and administered annually as part
21of the California Assessment of Student Performance and Progress
22(CAASPP), or any predecessor assessments, established pursuant
23to Article 4 (commencing with Section 60640), results of
24end-of-course examinations he or she has taken, and the vocational
25education certification examinations he or she chose to take.

26(b) It is the intent of the Legislature that local educational
27agencies and schools use the results of the academic achievement
28tests administered annually as part of the CAASPP to provide
29 support to pupils and parents or guardians in order to assist pupils
30in strengthening their development as learners, and thereby to
31improve their academic achievement and performance in
32subsequent assessments.

33(c) (1) Except for research provided for in former Section
3449079.6, as it read on December 31, 2013, a pupil’s results or a
35record of accomplishment shall be private, and may not be released
36to any person, other than the pupil’s parent or guardian and a
37teacher, counselor, or administrator directly involved with the
38pupil, without the express written consent of either the parent or
39guardian of the pupil if the pupil is a minor, or the pupil if the pupil
40has reached the age of majority or is emancipated.

P45   1(2) (A) Notwithstanding paragraph (1), a pupil or his or her
2parent or guardian may authorize the release of pupil results or a
3 record of accomplishment to a postsecondary educational
4institution for the purpose of credit, placement, or admission.

5(B) Notwithstanding paragraph (1), the results of an individual
6pupil on the CAASPP may be released to a postsecondary
7educational institution for the purpose of credit, placement, or
8admission.

9

SEC. 20.  

Section 60611 of the Education Code is amended to
10read:

11

60611.  

A local educational agency, district superintendent of
12schools, or principal or teacher of any elementary or secondary
13school, including a charter school, shall not carry on any program
14for the sole purpose of test preparation of pupils for the statewide
15pupil assessment system or a particular test used in the statewide
16pupil assessment system. Nothing in this section prohibits the use
17of materials to familiarize pupils with item types or the
18computer-based testing environment used in the California
19Assessment of Student Performance and Progress.

20

SEC. 21.  

Section 60630 of the Education Code is amended to
21read:

22

60630.  

(a) The Superintendent shall prepare and submit, and
23subsequently post on the Internet Web site of the department, an
24annual report to the state board containing an analysis of the results
25and test scores of the summative assessments administered pursuant
26to Section 60640. The Superintendent shall notify the state board
27and the appropriate policy and fiscal committees of the Legislature
28that the annual report is available on the Internet Web site of the
29department.

30(b) The Superintendent shall post a periodic update on the
31implementation of the California Assessment of Student
32Performance and Progress on the Internet Web site of the
33department, and notify the state board and the appropriate policy
34and fiscal committees of the Legislature that the update is available
35on the Internet Web site of the department.

36

SEC. 22.  

Section 60641 of the Education Code is amended to
37read:

38

60641.  

(a) The department shall ensure that local educational
39agencies comply with each of the following requirements:

P46   1(1) The achievement tests provided for in Section 60640 are
2scheduled to be administered to all pupils, inclusive of pupils
3enrolled in charter schools and exclusive of pupils exempted
4pursuant to Section 60640, during the period prescribed in
5subdivision (b) of Section 60640.

6(2) For assessments that produce valid individual pupil results,
7the individual results of each pupil tested pursuant to Section 60640
8shall be reported, in writing, to the parent or guardian of the pupil.
9The report shall include a clear explanation of the purpose of the
10test, the score of the pupil, and the intended use by the local
11educational agency of the test score. This subdivision does not
12require teachers or other local educational agency personnel to
13prepare individualized explanations of the test score of each pupil.
14It is the intent of the Legislature that nothing in this section shall
15preclude a school or school district from meeting the reporting
16requirement by the use of electronic media formats that secure the
17confidentiality of the pupil and the pupil’s results. State agencies
18or local educational agencies shall not use a comparison resulting
19from the scores and results of the California Assessment of Student
20Performance and Progress (CAASPP) assessments and the
21assessment scores and results from assessments that measured
22previously adopted content standards.

23(3) (A) For assessments that produce valid individual pupil
24results, the individual results of each pupil tested pursuant to
25Section 60640 also shall be reported to the school and teachers of
26a pupil. The local educational agency shall include the test results
27of a pupil in his or her pupil records. However, except as provided
28in this section and Section 60607, personally identifiable pupil test
29results only may be released with the permission of either the
30pupil’s parent or guardian if the pupil is a minor, or the pupil if
31the pupil has reached the age of majority or is emancipated.

32(B) Notwithstanding subparagraph (A) and pursuant to
33subdivision (c) of Section 60607, a pupil or his or her parent or
34guardian may authorize the release of individual pupil results to a
35postsecondary educational institution for the purpose of credit,
36placement, determination of readiness for college-level coursework,
37or admission.

38(4) The districtwide, school-level, and grade-level results of the
39 CAASPP in each of the grades designated pursuant to Section
4060640, but not the score or relative position of any individually
P47   1ascertainable pupil, shall be reported to the governing board of the
2school district at a regularly scheduled meeting, and the
3countywide, school-level, and grade-level results for classes and
4programs under the jurisdiction of the county office of education
5shall be similarly reported to the county board of education at a
6regularly scheduled meeting.

7(b) The state board shall adopt regulations that outline a calendar
8for delivery and receipt of summative assessment results at the
9pupil, school, grade, district, county, and state levels. The calendar
10shall include delivery dates to the department and to local
11educational agencies. The calendar for delivery shall provide for
12the timely return of assessment results, and consider the amount
13of paper-and-pencil administered assessments and number of items
14requiring hand scoring. The calendar shall also ensure that
15individual assessment results are reported to local educational
16agencies within eight weeks of receipt by the contractor for scoring.

17(c) Aggregated, disaggregated, or group scores or reports that
18include the results of the CAASPP assessments, inclusive of the
19reports developed pursuant to Section 60630, shall not be publicly
20reported to any party other than the school or local educational
21agency where the pupils were tested, if the aggregated,
22disaggregated, or group scores or reports are comprised of 10 or
23fewer individual pupil assessment results. Exclusive of the reports
24developed pursuant to Section 60630, in no case shall any group
25score or report be displayed that would deliberately or inadvertently
26make the score or performance of any individual pupil or teacher
27identifiable.

28(d) The department shall ensure that pupils in grade 11, or
29parents or legal guardians of those pupils, may request results from
30grade 11 assessments administered as part of the CAASPP for the
31purpose of determining credit, placement, or readiness for
32college-level coursework be released to a postsecondary
33educational institution.

34

SEC. 23.  

Section 60643 of the Education Code is amended to
35read:

36

60643.  

(a) Notwithstanding any other law, the contractor or
37contractors of the achievement tests provided for in Section 60640
38shall comply with all of the conditions and requirements of the
39contract to the satisfaction of the Superintendent and the state
40board.

P48   1(b) (1) The department shall develop, and the Superintendent
2and the state board shall approve, a contract or contracts to be
3entered into with a contractor in connection with the test provided
4for in Section 60640. The department may develop the contract
5through negotiations. In approving a contract amendment to the
6contract authorized pursuant to this section, the department, in
7consultation with the state board, may make material amendments
8to the contract that do not increase the contract cost. Contract
9amendments that increase contract costs may only be made with
10the approval of the department, the state board, and the Department
11of Finance.

12(2) For purposes of the contracts authorized pursuant to this
13subdivision, the department is exempt from the requirements of
14Part 2 (commencing with Section 10100) of Division 2 of the
15Public Contract Code and from the requirements of Article 6
16(commencing with Section 999) of Chapter 6 of Division 4 of the
17Military and Veterans Code. The department shall use a
18competitive and open process utilizing standardized scoring criteria
19through which to select a potential administration contractor or
20contractors for recommendation to the state board for consideration.
21The state board shall consider each of the following criteria:

22(A) The ability of the contractor to produce valid and reliable
23scores.

24(B) The ability of the contractor to report accurate results in a
25timely fashion.

26(C) Exclusive of the consortium assessments, the ability of the
27contractor to ensure technical adequacy of the tests, inclusive of
28the alignment between the California Assessment of Student
29Performance and Progress tests and the state-adopted content
30standards.

31(D) The cost of the assessment system.

32(E) The ability and proposed procedures to ensure the security
33and integrity of the assessment system.

34(F) The experience of the contractor in successfully conducting
35statewide testing programs in other states.

36(3) The contracts shall include provisions for progress payments
37to the contractor for work performed or costs incurred in the
38performance of the contract. Not less than 10 percent of the amount
39budgeted for each separate and distinct component task provided
40for in each contract shall be withheld pending final completion of
P49   1all component tasks by that contractor. The total amount withheld
2pending final completion shall not exceed 10 percent of the total
3contract price for that fiscal year.

4(4) The contracts shall require liquidated damages to be paid
5by the contractor in the amount of up to 10 percent of the total cost
6of the contract for any component task that the contractor through
7its own fault or that of its subcontractors fails to substantially
8perform by the date specified in the agreement.

9(5) The contracts shall establish the process and criteria by
10which the successful completion of each component task shall be
11recommended by the department and approved by the state board.

12(6) The contractors shall submit, as part of the contract
13negotiation process, a proposed budget and invoice schedule, that
14includes a detailed listing of the costs for each component task
15and the expected date of the invoice for each completed component
16task.

17(7) The contract or contracts subject to approval by the
18Superintendent and the state board under paragraph (1) and exempt
19under paragraph (2) shall specify the following component tasks,
20as applicable, that are separate and distinct:

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

22(B) Test materials production or publication.

23(C) Delivery or electronic distribution of test materials to local
24educational agencies.

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

26(E) Reporting of test results to the local educational agencies,
27including, but not necessarily limited to, all reports specified in
28this section.

29(F) Reporting of valid and reliable test results to the department,
30including, but not necessarily limited to, the following electronic
31files:

32(i) Scores aggregated statewide, and by county, school district,
33school, and grade.

34(ii) Disaggregated scores based on English proficiency status,
35gender, ethnicity, socioeconomic disadvantage, foster care status,
36and special education designation.

37(G) All other analyses or reports required by the Superintendent
38to meet the requirements of state and federal law and set forth in
39the agreement.

P50   1(H) Technology services to support the activities listed in
2subparagraphs (A) to (G), inclusive.

3(I) Perform regular performance checks and load simulations
4to ensure the integrity and robustness of the technology system
5used to support the activities listed in subparagraphs (A) to (G),
6inclusive.

7

SEC. 24.  

Section 60643.6 of the Education Code is amended
8to read:

9

60643.6.  

A local educational agency shall be reimbursed by
10the contractor selected pursuant to this article for any unexpected
11expenses incurred due to scheduling changes that resulted from
12the late delivery of testing materials in connection with the
13California Assessment of Student Performance and Progress.

14

SEC. 25.  

Section 60648 of the Education Code is amended to
15read:

16

60648.  

Exclusive of consortium summative assessments, the
17Superintendent shall recommend, and the state board shall adopt,
18performance standards on the California Assessment of Student
19Performance and Progress summative tests administered pursuant
20to this article. The performance levels shall identify and establish
21the minimum performance required for meeting a particular
22achievement level expectation. Once adopted, these standards shall
23be reviewed by the state board every five years to determine
24whether adjustments are necessary.

25

SEC. 26.  

Section 60810 of the Education Code, as amended
26by Section 5 of Chapter 478 of the Statutes of 2013, is amended
27to read:

28

60810.  

(a) (1) The Superintendent shall review existing tests
29that assess the English language development of pupils whose
30primary language is a language other than English. The tests shall
31include, but not be limited to, an assessment of achievement of
32these pupils in English reading, speaking, and written skills. The
33Superintendent shall determine which tests, if any, meet the
34requirements of subdivisions (b) and (c). If any existing test or
35series of tests meets these criteria, the Superintendent, with
36approval of the state board, shall report to the Legislature on its
37findings and recommendations.

38(2) If no suitable test exists, the Superintendent shall explore
39the option of a collaborative effort with other states to develop a
40test or series of tests and share test development costs. If no suitable
P51   1test exists, the Superintendent, with approval of the state board,
2may contract to develop a test or series of tests that meets the
3criteria of subdivisions (b) and (c) or may contract to modify an
4existing test or series of tests so that it will meet the requirements
5of subdivisions (b) and (c).

6(3) The Superintendent and the state board shall release a request
7for proposals for the development of the test or series of tests
8required by this subdivision. The state board shall select a
9contractor or contractors for the development of the test or series
10of tests required by this subdivision, to be available for
11administration during the 2000-01 school year.

12(4) The Superintendent shall apportion funds appropriated to
13enable school districts to meet the requirements of subdivision (d).
14The state board shall establish the amount of funding to be
15apportioned per test administered, based on a review of the cost
16per test.

17(5) An adjustment to the amount of funding to be apportioned
18per test is not valid without the approval of the Director of Finance.
19A request for approval of an adjustment to the amount of funding
20to be apportioned per test shall be submitted in writing to the
21Director of Finance and the chairpersons of the fiscal committees
22of both houses of the Legislature with accompanying material
23justifying the proposed adjustment. The Director of Finance is
24authorized to approve only those adjustments related to activities
25required by statute. The Director of Finance shall approve or
26disapprove the amount within 30 days of receipt of the request and
27shall notify the chairpersons of the fiscal committees of both houses
28of the Legislature of the decision.

29(b) (1) The test or series of tests developed or acquired pursuant
30to subdivision (a) shall have sufficient range to assess pupils in
31grades 2 to 12, inclusive, in English listening, speaking, reading,
32and writing skills. Pupils in kindergarten and grade 1 shall be
33assessed in English listening and speaking, and, once an assessment
34is developed, early literacy skills. The early literacy assessment
35shall be administered for a period of four years beginning after the
36initial administration of the assessment or until July 1, 2017,
37whichever occurs last. Six months after the three administered
38assessments are collected, but no later than June 30, 2013, the
39department shall report to the Legislature on the administration of
40the kindergarten and grade 1 early literacy assessment results, as
P52   1well as on the administrative process, in order to determine whether
2reauthorization of the early literacy assessment is appropriate.

3(2) In the development and administration of the assessment
4for pupils in kindergarten and grade 1, the department shall
5minimize any additional assessment time, to the extent possible.
6To the extent that it is technically possible, items that are used to
7assess listening and speaking shall be used to measure early literacy
8skills. The department shall ensure that the test and procedures for
9its administration are age and developmentally appropriate. Age
10and developmentally appropriate procedures for administration
11may include, but are not limited to, one-on-one administration, a
12small group setting, and orally responding or circling a response
13to a question.

14(c) The test or series of tests shall meet all of the following
15requirements:

16(1) Provide sufficient information about pupils at each grade
17level to determine levels of proficiency ranging from no English
18proficiency to fluent English proficiency with at least two
19intermediate levels.

20(2) Have psychometric properties of reliability and validity
21deemed adequate by technical experts.

22(3) Be capable of administration to pupils with any primary
23language other than English.

24(4) Be capable of administration by classroom teachers.

25(5) Yield scores that allow comparison of the growth of a pupil
26over time, can be tied to readiness for various instructional options,
27and can be aggregated for use in the evaluation of program
28effectiveness.

29(6) Not discriminate on the basis of race, ethnicity, or gender.

30(7) Be aligned with the standards for English language
31development adopted by the state board pursuant to Section 60811.

32(8) Be age and developmentally appropriate for pupils.

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

34(1) To identify pupils who are limited English proficient.

35(2) To determine the level of English language proficiency of
36pupils who are limited English proficient.

37(3) To assess the progress of limited-English-proficient pupils
38in acquiring the skills of listening, reading, speaking, and writing
39in English.

P53   1(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
2required to retake those portions of the test that measure English
3language skills for which he or she has previously tested as
4advanced within each appropriate grade span, as determined by
5the department in accordance with paragraph (8) of subdivision
6(c).

7(2) Notwithstanding paragraph (1), a pupil in any of grades 10
8to 12, inclusive, shall not be required to retake those portions of
9the test that measure English language skills for which he or she
10has previously tested as early advanced or advanced.

11(3) This subdivision shall not be implemented until the test
12publisher’s contract that is in effect on January 1, 2012, expires.

13(4) This subdivision shall not be implemented unless and until
14the department receives written documentation from the United
15States Department of Education that implementation is permitted
16by federal law.

17(f) This section shall remain in effect only until the
18Superintendent reports to the appropriate policy committees of the
19Legislature pursuant to paragraph (2) of subdivision (h) of Section
2060810 as added by the chapter that added this subdivision during
21the 2013-14 Regular Session, and as of January 1 of the following
22year, this section is repealed.

23begin insert

begin insertSEC. 27.end insert  

end insert
begin insert

(a) Section 3.5 of this bill incorporates amendments
24to Section 33540 of the Education Code proposed by both this bill
25and Senate Bill 897. It shall only become operative if (1) both bills
26are enacted and become effective on or before January 1, 2015,
27(2) each bill amends Section 33540 of the Education Code, and
28(3) this bill is enacted after Senate Bill 897, in which case Section
293 of this bill shall not become operative.

end insert
begin insert

30(b) Sections 11.1 and 11.2 of this bill incorporate amendments
31to Section 52060 of the Education Code proposed by both this bill
32and Assembly Bill 2512. They shall only become operative if (1)
33both bills are enacted and become effective on or before January
341, 2015, (2) each bill amends Section 52060 of the Education Code,
35and (3) this bill is enacted after Assembly Bill 2512, in which case
36Section 11 of this bill shall not become operative.

end insert
37

begin deleteSEC. 27.end delete
38begin insertSEC. 28.end insert  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P54   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



O

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