BILL NUMBER: AB 1599 AMENDED
BILL TEXT
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
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 an individuals
individual 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.
(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.
(10)
(11) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5033 of the Education Code is amended to read:
5033. A member of the governing board of a district wholly or
partially included in a unified school district formed under the
provisions of Chapter 4 (commencing with Section 35700) of Part 21 of
Division 3 of Title 2 shall not be a member of the governing board
of the unified school district unless elected to that governing
board.
SEC. 2. Section 17047 of the Education Code is amended to read:
17047. (a) The allowable new building area for the purpose of
providing special day class and Resource Specialist Program
facilities for special education pupils shall be negotiated and
approved by the board, with any necessary assistance to be provided
by the Special Education Division of the State Department of
Education. The square footage allowances shall be computed within the
maximum square footage set forth in the following schedule:
Special Day
Class Grade Load- Square
Basic Need Levels ing* 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 1330 (1080 +
Impaired All 10 250 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- 1160 (1080 + 80
ally Disturbed All 6 toilets)
--Severely Elem. 12 1750 (1080 +
Intellectually 400 toilets +
Disabled 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)
Square
Pupils Feet
Resource Specialist All Maximum 1-8 240
Program for those caseload for RS
pupils with is 28, not all
disabling served at same
conditions whose time.
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.***
9-28 480
29-37 720
38-56 960
57-65 1200
66-85 1440
86-94 1680
95-112 1920
*Special pupils may usually be
grouped without accordance to type,
especially in smaller districts or
where attendance zones may indicate,
to maximize loadings per classroom
where there are children with
similar educational needs (Sec.
56364 or 56364.2, as applicable).
**Therapy add-ons not to be
provided if on same site as
orthopedically impaired.
***To a maximum of 4 percent of the
unhoused average daily attendance of
the district, per new school or
addition, to a maximum of 1920
square feet.
(b) The allowable new building area shall be computed by dividing
the number of eligible pupils by the minimum required loading per
classroom for special day classes for the type of pupils to be
enrolled. No new or additional facility shall be provided for special
day classes unless the number of additional eligible pupils equals
one-third or more of the minimum required loading.
SEC. 3. Section 33540 of the Education Code is amended to read:
33540. (a) The state board and the department shall request that
the commission review and revise, as necessary, the course
requirements in the history-social science framework developed by the
History-Social Science Curriculum Framework and Criteria Committee
of the state board to ensure that minimum standards for courses in
American government and civics include sufficient attention to
teaching pupils how to interact, in a practical manner, with state
and local governmental agencies and representatives to solve problems
and to petition for changes in laws and procedures, and that
these the course requirements in
the history-social science framework are also included in all
history and social science courses and grade levels, as appropriate.
(b) Whenever the history-social science framework is revised as
required by law, the commission shall do, as appropriate and based on
the subject matter of the course, all of the following:
(1) Receive input from civics learning experts, including civics
education program providers, associations of civics educators, and
organizations dedicated to research on civics learning, for
the purpose purposes of integrating civics
learning content, concepts, and skills, at all appropriate grade
levels, with the standards established by the state board in core
curriculum areas, as specified in Sections 60605, as that section
read on June 30, 2011, and 60605.8.
(2) Consider how civics and history instruction, at all
appropriate grade levels, includes, in addition to the acquisition of
content knowledge, the application of that content to develop the
competence and skills needed for civic engagement.
(3) Ensure that voter education information is included in the
American government and civics curriculum at the high school level,
including, but not limited to, information on the importance of
registering to vote in local, state, and federal elections, how to
register to vote, both online and by mail, what the requirements are
to register to vote, how to request an absentee ballot, how to fill
out and return an absentee ballot, what to expect on election day,
how to find a polling place, and where and how to access and
understand the voter information pamphlet and other materials to
become an informed voter.
(4) Ensure the following historical documents are incorporated in
the framework:
(A) The Declaration of Independence.
(B) The United States Constitution, including the Bill of Rights.
(C) The Federalist Papers.
(D) The Emancipation Proclamation.
(E) The Gettysburg Address.
(F) George Washington's Farewell Address.
(5) Consider incorporating the following historical documents into
the framework:
(A) The Magna Carta.
(B) The Articles of Confederation.
(C) The California Constitution.
(6) Encourage instruction that promotes an understanding of the
governments of California and the United States of America,
including, but not limited to, the development of democracy and the
history of the development of the United States Constitution.
(c) It is the intent of the Legislature, for purposes of
only the history-social science framework that is revised
subsequent to the effective date of the act that amended
this section in the second year of the 2013-14 Regular Session,
after January 1, 2015, that the requirements
imposed pursuant to paragraphs (1), (2), and (3)
(1) to (3), inclusive, of subdivision (b) may be satisfied
under the framework adoption procedures currently being
utilized used by the department as of January 1,
2015.
SEC. 3.5. Section 33540 of the
Education Code is amended to read:
33540. (a) The state board and the department shall request that
the commission review and revise, as necessary, the course
requirements in the history-social science framework developed by the
History-Social Science Curriculum Framework and Criteria Committee
of the state board to ensure that minimum standards for courses in
American government and civics include sufficient attention to
teaching pupils how to interact, in a practical manner, with state
and local governmental agencies and representatives to solve problems
and to petition for changes in laws and procedures.
procedures, and that the course requirements in the
history-social science framework are also included in all
history and social science courses and all grade levels, as
appropriate.
(b) When Whenever the history-social
science framework is revised as required by law, the commission
shall do, as appropriate and based on the subject matter of the
course, all of the following:
(1) Receive input from civics learning experts, including civics
education program providers, associations of civics educators, and
organizations dedicated to research on civics learning, for purposes
of integrating civics learning content, concepts, and skills, at all
appropriate grade levels, with the standards established by the state
board in core curriculum areas, as specified in Section 60605, as
that section read on June 30, 2011, and Section 60605.8.
(2) Consider how civics and history instruction, at all
appropriate grade levels, includes, in addition to the acquisition of
content knowledge, the application of that content to develop the
competence and skills needed for civic engagement.
(3) Ensure that voter education information is included in the
American government and civics curriculum at the high school level,
including, but not limited to, information on the importance of
registering to vote in local, state, and federal elections, how to
register to vote, both online and by mail, what the requirements are
to register to vote, how to request an absentee ballot, how to fill
out and return an absentee ballot, what to expect on election day,
how to find a polling place, and where and how to access and
understand the voter information pamphlet and other materials to
become an informed voter.
(1)
(4) Ensure the following historical documents are
incorporated in into the framework:
(A) The Declaration of Independence.
(B) The United States Constitution, including the Bill of Rights.
(C) The Federalist Papers.
(D) The Emancipation Proclamation.
(E) The Gettysburg Address.
(F) George Washington's Farewell Address.
(2)
(5) Consider incorporating the following historical
documents into the framework:
(A) The Magna Carta.
(B) The Articles of Confederation.
(C) The California Constitution.
(3)
(6) Encourage instruction that promotes an
understanding of the governments of California and the United States
of America, including, but not limited to, the development of
democracy and the history of the development of the United States
Constitution.
(c) It is the intent of the Legislature, for purposes of the
history-social science framework that is revised any time after
January 1, 2015, that the commission consider whether and how to
incorporate the College, Career, and Civic Life (C3) Framework for
Social Studies State Standards into that framework.
(d) It is the intent of the Legislature, for purposes of the
history-social science framework that is revised after January 1,
2015, that the requirements imposed pursuant to paragraphs (1) to
(3), inclusive, of subdivision (b) may be satisfied under the
framework adoption procedures currently being used by the department
as of January 1, 2015.
(e) When the history-social science content standards are next
revised after January 1, 2015, the state board shall consider
incorporating the College, Career, and Civic Life (C3) Framework for
Social Studies State Standards into the history-social science
content standards.
SEC. 4. Section 35576 of the Education Code is amended to read:
35576. (a) If territory is taken from one district and annexed
to, or included in, another district or a new district by any
procedure and the area transferred contains real property, the
district to which the territory is annexed shall take possession of
the real property, pursuant to paragraph (1) of subdivision (a) of
Section 35560, on the day when the annexation becomes effective for
all purposes. The territory transferred shall cease to be liable for
the bonded indebtedness of the district of which it was formerly a
part and shall automatically assume its proportionate share of the
outstanding bonded indebtedness of any district of which it becomes a
part.
(b) The acquiring district shall be liable for the greater of the
amounts determined under provisions of paragraphs
paragraph (1) or (2), or the amount determined pursuant to
a method prescribed under Section 35738.
(1) The proportionate share of the outstanding bonded indebtedness
of the original district, which proportionate share shall be in the
ratio that the total assessed valuation of the transferring territory
bears to the total assessed valuation of the original district in
the year immediately preceding the date on which the annexation is
effective for all purposes. This ratio shall be used each year until
the bonded indebtedness for which the acquiring district is liable
has been repaid.
(2) The portion of the outstanding bonded indebtedness of the
original district that was incurred for the acquisition or
improvement of real property, or fixtures located on the real
property, and situated in the territory transferred.
(c) The county board of supervisors shall compute for the
reorganized district an annual tax rate for bond interest and
redemption that will include the bond interest and redemption on the
outstanding bonded indebtedness specified in paragraph (1) or (2) of
subdivision (b), or the amount determined pursuant to a method
prescribed under Section 35738. The county board of supervisors shall
also compute tax rates for the annual charge and use charge
prescribed by former Sections 1822.2 and 1825, as they read on July
1, 1970, when such charges were established before November 23, 1970.
All such tax rates shall be levied in excess of any other ad valorem
property tax authorized or required by law and shall not be included
in the computation of the limitation specified in subdivision (a) of
Section 1 of Article XIII A of the California Constitution.
SEC. 5. Section 35710.51 of the Education Code is amended to read:
35710.51. (a) The county superintendent of schools, within 35
days after receiving the notification provided by Section 35710,
shall call an election, in the manner prescribed in Part 4
(commencing with Section 5000), to be conducted at the next election
of any kind in accordance with either of the following:
(1) Section 1002 of the Elections Code and Part 4 (commencing with
Section 5000) of Division 1 of Title 1.
(2) Division 4 (commencing with Section 4000) of the Elections
Code.
(b) The county superintendent of schools shall call the election
in the territory of districts as determined by the county committee
on school district organization, or, in the case of territory
transfers appealed to the state board pursuant to subdivision (c) of
Section 35710.5, as determined by the state board. The county
superintendent of schools shall not issue an order of election until
after the time for an appeal pursuant to subdivision (b) of Section
35710.5 has elapsed.
SEC. 6. Section 35782 of the Education Code is amended to read:
35782. Within 45 days before the close of each school year, the
county committee shall conduct a public hearing on the issues
specified in Section 35780. Notice of the public hearing shall be
given at least 10 days in advance of the hearing to each member of
the governing board of the lapsed district immediately before its
lapsation, to each of the governing boards that adjoin the lapsed
district, and to the high school district of which the lapsed
elementary district is a component.
SEC. 7. Section 35783 of the Education Code is amended to read:
35783. After the hearing, and at least 30 days before the end of
the school year, the county committee shall order the territory
annexed to one or more adjoining districts as seems to the county
committee to be in the best interest of the adjoining districts and
the residents of the lapsed district.
SEC. 8. Section 35786 of the Education Code is amended to read:
35786. An order of a county committee attaching the territory of
a lapsed school district to one or more adjoining school districts
shall be effective for all purposes on the July 1 after date of the
order. Notwithstanding Section 35534, the effective date of the order
is not subject to compliance with Section 54900 of the Government
Code. Compliance with Section 54900 of the Government Code is
required by December 1 of the year in which the order is made.
SEC. 9. Section 42281 of the Education Code is amended to read:
42281. Except as specified in subdivision (d), for each
elementary school district that maintains only one school with a
second principal apportionment average daily attendance of less than
97, the Superintendent shall make one of the following computations,
whichever provides the lesser amount:
(a) For each small school that has an average daily attendance
during the fiscal year of less than 25, exclusive of pupils attending
the 7th and 8th grades of a junior high school, and for which school
at least one teacher was hired full time, the Superintendent shall
compute for the school district fifty-two thousand nine hundred
twenty-five dollars ($52,925).
(b) For each small school that has an average daily attendance
during the fiscal year of 25 or more and less than 49, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school at least two teachers were hired full time for more
than one-half of the days schools were maintained, the Superintendent
shall compute for the school district one hundred five thousand
eight hundred fifty dollars ($105,850).
(c) For each small school that has an average daily attendance
during the fiscal year of 49 or more but less than 73, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school three teachers were hired full time for more than
one-half of the days schools were maintained, the Superintendent
shall compute for the school district one hundred fifty-eight
thousand seven hundred seventy-five dollars ($158,775).
(d) For each small school that has an average daily attendance
during the fiscal year of 73 or more and less than 97, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school four teachers were hired full time for more than
one-half of the days schools were maintained, the Superintendent
shall compute for the school district two hundred eleven thousand
seven hundred dollars ($211,700). A school district that qualifies
under this subdivision may use this funding calculation until the
local control funding formula allocation pursuant to Section
42238.02, as implemented by Section 42238.03, per unit of average
daily attendance multiplied by the average daily attendance produces
state aid equal to the small school funding formula.
SEC. 10. Section 49558 of the Education Code is amended to read:
49558. (a) All applications and records concerning any individual
made or kept by any public officer or agency in connection with the
administration of any provision of this code relating to free or
reduced-price meal eligibility shall be confidential, and may not be
open to examination for any purpose not directly connected with the
administration of any free or reduced-price meal program, or any
investigation, prosecution, or criminal or civil proceeding conducted
in connection with the administration of any free or reduced-price
meal program.
(b) Notwithstanding subdivision (a), a public officer or agency
may allow school district employees, who are authorized by the
governing board of the school district, to disclose from the
individual meal records only the pupil's name and school meal
eligibility status, solely for purposes of disaggregation of academic
achievement data or to identify pupils eligible for public school
choice and supplemental educational services pursuant to the federal
No Child Left Behind Act of 2001 (P.L.
(Public Law 107-110), if the public agency ensures the
following:
(1) The public agency has adopted a policy that allows for the use
of individual records for these purposes.
(2) No individual indicators of participation in any free or
reduced-price meal program are maintained in the permanent record of
any pupil, unless otherwise allowed by law.
(3) No public release of information regarding individual pupil
participation in any free or reduced-price meal program is permitted.
(4) All other confidentiality provisions required by law are met.
(5) The information collected regarding individual pupils
certified to participate in the free or reduced-price meal program is
destroyed when it is no longer needed for its intended purpose.
(c) Notwithstanding subdivision (a), the school districts and
county superintendents of schools may release information on the
School Lunch Program application to the local agency that determines
eligibility under the Medi-Cal program if the child is approved for
free meals and if the applicant consents to the sharing of
information pursuant to Section 49557.2.
(d) Notwithstanding subdivision (a), the school districts and
county superintendents of schools may release information on the
School Lunch Program application to the local agency that determines
eligibility under the CalFresh program or to an agency that
determines eligibility for nutrition assistance programs authorized
by Chapter 2 (commencing with Section 210.1) of Subtitle B of Title 7
of the Code of Federal Regulations, if the child is approved for
free or reduced-price meals and if the applicant consents to the
sharing of information pursuant to Section 49557.3.
(e) Notwithstanding subdivision (a), a school district, charter
school, or county office of education may release the name and
eligibility status of a pupil participating in the free or
reduced-price meal program as follows:
(1) To the Superintendent for purposes of determining funding
allocations under the local control funding formula and for assessing
the accountability of that funding.
(2) Upon request, to another school district, charter school, or
county office of education that is serving a pupil living in the same
household as an enrolled pupil for purposes related to free or
reduced-price meal program eligibility and for data used in local
control funding formula calculations.
(f) Information released pursuant to subdivision (c), (d), or (e)
shall adhere to all of the following requirements:
(1) Individual indicators of participation in a free or
reduced-price meal program shall not be maintained in the permanent
record of any pupil, unless otherwise authorized by law.
(2) The public release of information regarding individual pupil
participation in a free or reduced-price meal program is not
permitted.
(3) All other confidentiality requirements imposed by law or
regulation are met.
SEC. 11. Section 52060 of the Education Code is amended to read:
52060. (a) On or before July 1, 2014, the governing board of each
school district shall adopt a local control and accountability plan
using a template adopted by the state board.
(b) A local control and accountability plan adopted by the
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.
(c) A local control and accountability plan adopted by the
governing board of a school district shall include, for the school
district and each school within the school district, both of the
following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be a
numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.
(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.
(d) All of the following are state priorities:
(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and fully
credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair, as defined in
subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to former
Section 60811.3, as that section read on June 30, 2013, or Section
60811.4, for purposes of gaining academic content knowledge and
English language proficiency.
(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the school
district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.
(4) Pupil achievement, as measured by all of the following, as
applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section 52372.5,
or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the programs and services that are provided to
benefit these pupils as a result of the funding received pursuant to
Section 42238.02, as implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
(e) For purposes of the descriptions required by subdivision (c),
the governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) The governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.
(h) A school district may identify local priorities, goals in
regard to the local priorities, and the method for measuring the
school district's progress toward achieving those goals.
SEC. 11.1. Section 52060 of the
Education Code is amended to read:
52060. (a) On or before July 1, 2014, the governing board of each
school district shall adopt a local control and accountability plan
using a template adopted by the state board.
(b) A local control and accountability plan adopted by a
the governing board of a school district shall
be effective for a period of three years, and shall be updated on or
before July 1 of each year.
(c) A local control and accountability plan adopted by a
the governing board of a school district shall
include, for the school district and each school within the school
district, both of the following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be a
numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.
(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.
(d) All of the following are state priorities:
(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and fully
credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair repair, as specified
defined in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to
Section 60811.3 former Section 60811.3, as
that section read on June 30, 2013, or Section 60811.4,
for purposes of gaining academic content knowledge and English
language proficiency.
(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the school
district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.
(4) Pupil achievement, as measured by all of the following, as
applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical educational
education standards and frameworks, including, but not
limited to, those described in subdivision (a) of Section 52302,
subdivision (a) of Section 52372.5, or paragraph (2) of subdivision
(e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the program programs
and services that are provided to benefit these pupils as a
result of the funding received pursuant to Section 42238.02, as
implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
(e) For purposes of the descriptions required by subdivision (c),
a the governing board of a school
district may consider qualitative information, including, but not
limited to, findings that result from school quality reviews
conducted pursuant to subparagraph (J) of paragraph (4) of
subdivision (a) of Section 52052 or any other reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) A The governing board of a
school district shall consult with teachers, principals,
administrators, other school personnel, local bargaining units of the
school district, parents, and pupils in developing a local control
and accountability plan.
(h) A school district may identify local priorities, goals in
regard to the local priorities, and the method for measuring the
school district's progress toward achieving those goals.
(i) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 11.2. Section 52060 is added to the
Education Code , to read:
52060. (a) On or before July 1, 2014, the governing board of each
school district shall adopt a local control and accountability plan
using a template adopted by the state board.
(b) A local control and accountability plan adopted by the
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.
(c) A local control and accountability plan adopted by the
governing board of a school district shall include, for the school
district and each school within the school district, both of the
following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be a
numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.
(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.
(d) All of the following are state priorities:
(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and fully
credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair, as defined in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to former
Section 60811.3, as that section read on June 30, 2013, or Section
60811.4, for purposes of gaining academic content knowledge and
English language proficiency.
(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the school
district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.
(4) Pupil achievement, as measured by all of the following, as
applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section 52372.5,
or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) If the governing board of the school district chooses to
include it, compliance with the federal gender equity requirements
under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.
1681 et seq.), including, but not limited to, the total number of
pupils, by gender, participating in interscholastic athletics.
(D) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the programs and services that are provided to
benefit these pupils as a result of the funding received pursuant to
Section 42238.02, as implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
(e) For purposes of the descriptions required by subdivision (c),
the governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) The governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.
(h) A school district may identify local priorities, goals in
regard to the local priorities, and the method for measuring the
school district's progress toward achieving those goals.
(i) This section shall become operative on January 1, 2018.
SEC. 12. Section 56043 of the Education Code is amended to read:
56043. The primary timelines affecting special education programs
are as follows:
(a) A proposed assessment plan shall be developed within 15
calendar days of referral for assessment, not counting calendar days
between the pupil's regular school sessions or terms or calendar days
of school vacation in excess of five schooldays, from the date of
receipt of the referral, unless the parent or guardian agrees in
writing to an extension, pursuant to subdivision (a) of Section
56321.
(b) A parent or guardian shall have at least 15 calendar days from
the receipt of the proposed assessment plan to arrive at a decision,
pursuant to subdivision (c) of Section 56321.
(c) Once a child has been referred for an initial assessment to
determine whether the child is an individual with exceptional needs
and to determine the educational needs of the child, these
determinations shall be made, and an individualized education program
team meeting shall occur within 60 days of receiving parental
consent for the assessment, pursuant to subdivision (a) of Section
56302.1, except as specified in subdivision (b) of that section, and
pursuant to Section 56344.
(d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, pursuant to subdivision (d) of Section
56341.1.
(e) A parent or guardian shall be notified of the individualized
education program team meeting early enough to ensure an opportunity
to attend, pursuant to subdivision (b) of Section 56341.5. In the
case of an individual with exceptional needs who is 16 years of age
or younger, if appropriate, the meeting notice shall indicate that a
purpose of the meeting will be the consideration of the postsecondary
goals and transition services for the individual with exceptional
needs, and the meeting notice described in this subdivision shall
indicate that the individual with exceptional needs is invited to
attend, pursuant to subdivision (e) of Section 56341.5.
(f) (1) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 calendar days, not counting days between the pupil's
regular school sessions, terms, or days of school vacation in excess
of five schooldays, from the date of receipt of the parent's or
guardian's written consent for assessment, unless the parent or
guardian agrees in writing to an extension, pursuant to Section
56344.
(2) A meeting to develop an initial individualized education
program for the pupil shall be conducted within 30 days of a
determination that the child needs special education and related
services pursuant to Section 300.323(c)(1) of Title 34 of the Code of
Federal Regulations and in accordance with Section 56344.
(g) (1) Beginning not later than the first individualized
education program to be in effect when the pupil is 16 years of age,
or younger if determined appropriate by the individualized education
program team, and updated annually thereafter, the individualized
education program shall include appropriate measurable postsecondary
goals and transition services needed to assist the pupil in reaching
those goals, pursuant to paragraph (8) of subdivision (a) of Section
56345.
(2) The individualized education program for pupils in grades 7 to
12, inclusive, shall include any alternative means and modes
necessary for the pupil to complete the district's prescribed course
of study and to meet or exceed proficiency standards for graduation,
pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3) Beginning not later than one year before the pupil reaches
the age of 18 years, 18 years of age,
the individualized education program shall contain a statement that
the pupil has been informed of the pupil's rights under this part, if
any, that will transfer to the pupil upon reaching the age
of 18 years, 18 years of age, pursuant to
Section 56041.5, subdivision (g) of Section 56345, and Section
300.520 of Title 34 of the Code of Federal Regulations.
(h) Beginning at the age of 16 years or younger, and annually
thereafter, a statement of needed transition services shall be
included in the pupil's individualized education program, pursuant to
Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of
the United States Code.
(i) A pupil's individualized education program shall be
implemented as soon as possible following the individualized
education program team meeting, pursuant to Section 300.323(c)(2) of
Title 34 of the Code of Federal Regulations and in accordance with
Section 56344.
(j) An individualized education program team shall meet at least
annually to review a pupil's progress, the individualized education
program, including whether the annual goals for the pupil are being
achieved, the appropriateness of the placement, and to make any
necessary revisions, pursuant to subdivision (d) of Section 56343.
The local educational agency shall maintain procedures to ensure that
the individualized education program team reviews the pupil's
individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revises the individualized
education program as appropriate to address, among other matters, the
provisions specified in subdivision (d) of Section 56341.1, pursuant
to subdivision (a) of Section 56380.
(k) A reassessment of a pupil shall occur not more frequently than
once a year, unless the parent and the local educational agency
agree otherwise in writing, and shall occur at least once every three
years, unless the parent and the local educational agency agree, in
writing, that a reassessment is unnecessary, pursuant to Section
56381, and in accordance with Section 1414(a)(2) of Title 20 of the
United States Code.
( l ) A meeting of an individualized education program
team requested by a parent or guardian to review an individualized
education program pursuant to subdivision (c) of Section 56343 shall
be held within 30 calendar days, not counting days between the pupil'
s regular school sessions, terms, or days of school vacation in
excess of five schooldays, from the date of receipt of the parent's
or guardian's written request, pursuant to Section 56343.5.
(m) If an individual with exceptional needs transfers from
district to district within the state, the following are applicable
pursuant to Section 56325:
(1) If the child has an individualized education program and
transfers into a district from a district not operating programs
under the same local plan in
which he or she was last enrolled in a special education program
within the same academic year, the local educational agency shall
provide the pupil with a free appropriate public education, including
services comparable to those described in the previously approved
individualized education program, in consultation with the parents or
guardians, for a period not to exceed 30 days, by which time the
local educational agency shall adopt the previously approved
individualized education program or shall develop, adopt, and
implement a new individualized education program that is consistent
with federal and state law, pursuant to paragraph (1) of subdivision
(a) of Section 56325.
(2) If the child has an individualized education program and
transfers into a district from a district operating programs under
the same special education local plan area of the district in which
he or she was last enrolled in a special education program within the
same academic year, the new district shall continue, without delay,
to provide services comparable to those described in the existing
approved individualized education program, unless the parent and the
local educational agency agree to develop, adopt, and implement a new
individualized education program that is consistent with state and
federal law, pursuant to paragraph (2) of subdivision (a) of Section
56325.
(3) If the child has an individualized education program and
transfers from an educational agency located outside the state to a
district within the state within the same academic year, the local
educational agency shall provide the pupil with a free appropriate
public education, including services comparable to those described in
the previously approved individualized education program, in
consultation with the parents or guardians, until the local
educational agency conducts an assessment as specified in paragraph
(3) of subdivision (a) of Section 56325.
(4) In order to facilitate the transition for an individual with
exceptional needs described in paragraphs (1) to (3), inclusive, the
new school in which the pupil enrolls shall take reasonable steps to
promptly obtain the pupil's records, as specified, pursuant to
subdivision (b) of Section 56325.
(n) The parent or guardian shall have the right and opportunity to
examine all school records of the child and to receive complete
copies within five business days after a request is made by the
parent or guardian, either orally or in writing, and before any
meeting regarding an individualized education program of his or her
child or any hearing or resolution session pursuant to Chapter 5
(commencing with Section 56500), in accordance with Section 56504 and
Chapter 6.5 (commencing with Section 49060) of Part 27.
(o) Upon receipt of a request from a local educational agency
where an individual with exceptional needs has enrolled, a former
educational agency shall send the pupil's special education records,
or a copy of those records, to the new local educational agency
within five working days, pursuant to subdivision (a) of Section 3024
of Title 5 of the California Code of Regulations.
(p) The department shall do all of the following:
(1) Have a time limit of 60 calendar days after a complaint is
filed with the state educational agency to investigate the complaint.
(2) Give the complainant the opportunity to submit additional
information about the allegations in the complaint.
(3) Review all relevant information and make an independent
determination as to whether there is a violation of a requirement of
this part or Part B of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.).
(4) Issue a written decision pursuant to Section 300.152(a)(5) of
Title 34 of the Code of Federal Regulations.
(q) A prehearing mediation conference shall be scheduled within 15
calendar days of receipt by the Superintendent of the request for
mediation, and shall be completed within 30 calendar days after the
request for mediation, unless both parties to the prehearing
mediation conference agree to extend the time for completing the
mediation, pursuant to Section 56500.3.
(r) Any request for a due process hearing arising from subdivision
(a) of Section 56501 shall be filed within two years from the date
the party initiating the request knew or had reason to know of facts
underlying the basis for the request, except that this timeline shall
not apply to a parent if the parent was prevented from requesting
the due process hearing, pursuant to subdivision (l) of Section
56505.
(s) The Superintendent shall ensure that, within 45 calendar days
after receipt of a written due process hearing request, the hearing
is immediately commenced and completed, including any mediation
requested at any point during the hearing process, and a final
administrative decision is rendered, pursuant to subdivision (f) of
Section 56502.
(t) If either party to a due process hearing intends to be
represented by an attorney in the due process hearing, notice of that
intent shall be given to the other party at least 10 calendar days
before the hearing, pursuant to subdivision (a) of Section 56507.
(u) Any party to a due process hearing shall have the right to be
informed by the other parties to the hearing, at least 10 calendar
days before the hearing, as to what those parties believe are the
issues to be decided at the hearing and their proposed resolution of
those issues, pursuant to paragraph (6) of subdivision (e) of Section
56505.
(v) Any party to a due process hearing shall have the right to
receive from other parties to the hearing, at least five business
days before the hearing, a copy of all documents, including all
assessments completed and not completed by that date, and a list of
all witnesses and their general area of testimony that the parties
intend to present at the hearing, pursuant to paragraph (7) of
subdivision (e) of Section 56505.
(w) An appeal of a due process hearing decision shall be made
within 90 calendar days of receipt of the hearing decision, pursuant
to subdivision (k) of Section 56505.
(x) A complaint filed with the department shall allege a violation
of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred
not more than one year before the date that the complaint is received
by the department, pursuant to Section 56500.2 and Section 300.153
(c) of Title 34 of the Code of Federal Regulations.
SEC. 13. Section 56363.5 of the Education Code is repealed.
SEC. 14. Section 56363.5 is added to the Education Code, to read:
56363.5. Pursuant to Section 300.154(d)(2)(iv) and (v) of Title
34 of the Code of Federal Regulations, if an individual with
exceptional needs is covered by public benefits or insurance, a
public agency may use Medicaid, other public benefits, or insurance
programs in which a pupil participates to provide or pay for the
services required by this part, the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Part
300 of Title 34 of the Code of Federal Regulations, if both of the
following conditions are met:
(a) The public agency provides written notification to the pupil's
parents.
(b) The public agency obtains written parental consent before
accessing the pupil's or parents' public benefits or insurance for
the first time, and annually thereafter.
SEC. 15. Section 56366.1 of the Education Code is amended to read:
56366.1. (a) A nonpublic, nonsectarian school or agency that
seeks certification shall file an application with the Superintendent
on forms provided by the department, and shall include all of the
following information on the application:
(1) A description of the special education and designated
instruction and services provided to individuals with exceptional
needs if the application is for nonpublic, nonsectarian school
certification.
(2) A description of the designated instruction and services
provided to individuals with exceptional needs if the application is
for nonpublic, nonsectarian agency certification.
(3) A list of appropriately qualified staff, a description of the
credential, license, or registration that qualifies each staff member
rendering special education or designated instruction and services
to do so, and copies of their credentials, licenses, or certificates
of registration with the appropriate state or national organization
that has established standards for the service rendered.
(4) An annual operating budget.
(5) Affidavits and assurances necessary to comply with all
applicable federal, state, and local laws and regulations that
include criminal record summaries required of all nonpublic,
nonsectarian school or agency personnel having contact with minor
children under Section 44237.
(b) (1) The applicant shall provide the special education local
plan area in which the applicant is located with the written
notification of its intent to seek certification or renewal of its
certification. The local educational agency representatives shall
acknowledge that they have been notified of the intent to certify or
renew certification. The acknowledgment shall include a statement
that representatives of the local educational agency for the area in
which the applicant is located have had the opportunity to review the
application at least 60 calendar days before submission of an
initial application to the Superintendent, or at least 30 calendar
days before submission of a renewal application to the
Superintendent. The acknowledgment shall provide assurances that
local educational agency representatives have had the opportunity to
provide input on all required components of the application.
(2) If the local educational agency has not acknowledged an
applicant's intent to be certified 60 calendar days from the date of
submission for initial applications or 30 calendar days from the date
of the return receipt for renewal applications, the applicant may
file the application with the Superintendent.
(3) The department shall provide electronic notification of the
availability of renewal application materials to certified nonpublic,
nonsectarian schools and agencies at least 120 days before the date
their current certification expires.
(c) If the applicant operates a facility or program on more than
one site, each site shall be certified.
(d) If the applicant is part of a larger program or facility on
the same site, the Superintendent shall consider the effect of the
total program on the applicant. A copy of the policies and standards
for the nonpublic, nonsectarian school or agency and the larger
program shall be available to the Superintendent.
(e) (1) Before certification, the Superintendent shall conduct an
onsite review of the facility and program for which the applicant
seeks certification. The Superintendent may be assisted by
representatives of the special education local plan area in which the
applicant is located and a nonpublic, nonsectarian school or agency
representative who does not have a conflict of interest with the
applicant. The Superintendent shall conduct an additional onsite
review of the facility and program within three years of the
effective date of the certification, unless the Superintendent
conditionally certifies the nonpublic, nonsectarian school or agency,
or unless the Superintendent receives a formal complaint against the
nonpublic, nonsectarian school or agency. In the latter two cases,
the Superintendent shall conduct an onsite review at least annually.
(2) In carrying out this subdivision, the Superintendent may
verify that the nonpublic, nonsectarian school or agency has received
a successful criminal background check clearance and has enrolled in
subsequent arrest notice service, pursuant to Section 44237, for
each owner, operator, and employee of the nonpublic, nonsectarian
school or agency.
(f) The Superintendent shall make a determination on an
application within 120 days of receipt of the application and shall
certify, conditionally certify, or deny certification to the
applicant. If the Superintendent fails to take one of these actions
within 120 days, the applicant is automatically granted conditional
certification for a period terminating on August 31 of the current
school year. If certification is denied, the Superintendent shall
provide reasons for the denial. The Superintendent shall not certify
the nonpublic, nonsectarian school or agency for a period longer than
one year.
(g) Certification becomes effective on the date the nonpublic,
nonsectarian school or agency meets all the application requirements
and is approved by the Superintendent. Certification may be
retroactive if the nonpublic, nonsectarian school or agency met all
the requirements of this section on the date the retroactive
certification is effective. Certification expires on December 31 of
the terminating year.
(h) The Superintendent annually shall review the certification of
each nonpublic, nonsectarian school or agency. For this purpose, a
certified nonpublic, nonsectarian school or agency annually shall
update its application between August 1 and October 31, unless the
state board grants a waiver pursuant to Section 56101. The
Superintendent may conduct an onsite review as part of the annual
review.
(i) (1) The Superintendent shall conduct an investigation of a
nonpublic, nonsectarian school or agency onsite at any time without
prior notice if there is substantial reason to believe that there is
an immediate danger to the health, safety, or welfare of a child. The
Superintendent shall document the concern and submit it to the
nonpublic, nonsectarian school or agency at the time of the onsite
investigation. The Superintendent shall require a written response to
any noncompliance or deficiency found.
(2) With respect to a nonpublic, nonsectarian school, the
Superintendent shall conduct an investigation, which may include an
unannounced onsite visit, if the Superintendent receives evidence of
a significant deficiency in the quality of educational services
provided, a violation of Section 56366.9, or noncompliance with the
policies expressed by subdivision (b) of Section 1501 of the Health
and Safety Code by the nonpublic, nonsectarian school. The
Superintendent shall document the complaint and the results of the
investigation and shall provide copies of the documentation to the
complainant, the nonpublic, nonsectarian school, and the contracting
local educational agency.
(3) Violations or noncompliance documented pursuant to paragraph
(1) or (2) shall be reflected in the status of the certification of
the nonpublic, nonsectarian school or agency, at the discretion of
the Superintendent, pending an approved plan of correction by the
nonpublic, nonsectarian school or agency. The department shall retain
for a period of 10 years all violations pertaining to certification
of the nonpublic, nonsectarian school or agency.
(4) In carrying out this subdivision, the Superintendent may
verify that the nonpublic, nonsectarian school or agency received a
successful criminal background check clearance and has enrolled in
subsequent arrest notice service, pursuant to Section 44237, for each
owner, operator, and employee of the nonpublic, nonsectarian school
or agency.
(j) The Superintendent shall monitor the facilities, the
educational environment, and the quality of the educational program,
including the teaching staff, the credentials authorizing service,
the standards-based core curriculum being employed, and the
standards-focused instructional materials used, of an existing
certified nonpublic, nonsectarian school or agency on a three-year
cycle, as follows:
(1) The nonpublic, nonsectarian school or agency shall complete a
self-review in year one.
(2) The Superintendent shall conduct an onsite review of the
nonpublic, nonsectarian school or agency in year two.
(3) The Superintendent shall conduct a followup visit to the
nonpublic, nonsectarian school or agency in year three.
(k) (1) Notwithstanding any other law, the Superintendent shall
not certify a nonpublic, nonsectarian school or agency that proposes
to initiate or expand services to pupils currently educated in the
immediate prior fiscal year in a juvenile court program, community
school pursuant to Section 56150, or other nonspecial education
program, including independent study or adult school, or both, unless
the nonpublic, nonsectarian school or agency notifies the county
superintendent of schools and the special education local plan area
in which the proposed new or expanded nonpublic, nonsectarian school
or agency is located of its intent to seek certification.
(2) The notification shall occur no later than the December 1
before the new fiscal year in which the proposed or expanding school
or agency intends to initiate services. The notice shall include the
following:
(A) The specific date upon which the proposed nonpublic,
nonsectarian school or agency is to be established.
(B) The location of the proposed program or facility.
(C) The number of pupils proposed for services, the number of
pupils currently served in the juvenile court, community school, or
other nonspecial education program, the current school services
including special education and related services provided for these
pupils, and the specific program of special education and related
services to be provided under the proposed program.
(D) The reason for the proposed change in services.
(E) The number of staff who will provide special education and
designated instruction and services and hold a current valid
California credential or license in the service rendered.
(3) In addition to the requirements in subdivisions (a) to (f),
inclusive, the Superintendent shall require and consider the
following in determining whether to certify a nonpublic, nonsectarian
school or agency as described in this subdivision:
(A) A complete statement of the information required as part of
the notice under paragraph (1).
(B) Documentation of the steps taken in preparation for the
conversion to a nonpublic, nonsectarian school or agency, including
information related to changes in the population to be served and the
services to be provided pursuant to each pupil's individualized
education program.
(4) Notwithstanding any other law, the certification becomes
effective no earlier than July 1 if the nonpublic, nonsectarian
school or agency provided the notification required pursuant to
paragraph (1).
( l ) (1) Notwithstanding any other law, the
Superintendent shall not certify or renew the certification of a
nonpublic, nonsectarian school or agency, unless all of the following
conditions are met:
(A) The entity operating the nonpublic, nonsectarian school or
agency maintains separate financial records for each entity that it
operates, with each nonpublic, nonsectarian school or agency
identified separately from any licensed children's institution that
it operates.
(B) The entity submits an annual budget that identifies the
projected costs and revenues for each entity and demonstrates that
the rates to be charged are reasonable to support the operation of
the entity.
(C) The entity submits an entitywide annual audit that identifies
its costs and revenues, by entity, in accordance with generally
accepted accounting and auditing principles. The audit shall clearly
document the amount of moneys received and expended on the
educational program provided by the nonpublic, nonsectarian school.
(D) The relationship between various entities operated by the same
entity are documented, defining the responsibilities of the
entities. The documentation shall clearly identify the services to be
provided as part of each program, for example, the residential or
medical program, the mental health program, or the educational
program. The entity shall not seek funding from a public agency for a
service, either separately or as part of a package of services, if
the service is funded by another public agency, either separately or
as part of a package of services.
(2) For purposes of this section, "licensed children's institution"
has the same meaning as it is defined by Section 56155.5.
(m) (1) The nonpublic, nonsectarian school or agency shall be
charged a reasonable fee for certification. The Superintendent may
adjust the fee annually commensurate with the statewide average
percentage inflation adjustment computed for local control funding
formula allocations pursuant to Section 42238.02, as implemented by
Section 42238.03, of unified school districts with greater than 1,500
units of average daily attendance if the percentage increase is
reflected in the school district local control funding formula
allocation pursuant to Section 42238.02, as implemented by Section
42238.03, for inflation purposes. For purposes of this section, the
base fee shall be the following:
(1) 1-5 pupils ........................... $ 300
(2) 6-10 pupils .......................... 500
(3) 11-24 pupils ......................... 1,000
(4) 25-75 pupils ......................... 1,500
(5) 76 pupils and over ................... 2,000
(2) The nonpublic, nonsectarian school or agency shall pay this
fee when it applies for certification and when it updates its
application for annual renewal by the Superintendent. The
Superintendent shall use these fees to conduct onsite reviews, which
may include field experts. A fee shall not be refunded if the
application is withdrawn or is denied by the Superintendent.
(n) (1) Notwithstanding any other law, only those nonpublic,
nonsectarian schools or agencies that provide special education and
designated instruction and services using staff who hold a
certificate, permit, or other document equivalent to that which staff
in a public school are required to hold in the service rendered are
eligible to receive certification. Only those nonpublic, nonsectarian
schools or agencies located outside of California that employ staff
who hold a current valid credential or license to render special
education and related services as required by that state shall be
eligible to be certified.
(2) The state board shall develop regulations to implement this
subdivision.
(o) In addition to meeting the standards adopted by the state
board, a nonpublic, nonsectarian school or agency shall provide
written assurances that it meets all applicable standards relating to
fire, health, sanitation, and building safety.
(p) (1) Notwithstanding subdivision (n) of Section 44237, and for
purposes of enabling the Superintendent to carry out his or her
duties pursuant to this section, a nonpublic, nonsectarian school or
agency shall, upon demand, make available to the Superintendent
evidence of a successful criminal background check clearance and
enrollment in subsequent arrest notice service, conducted pursuant to
Section 44237, for each owner, operator, and employee of the
nonpublic, nonsectarian school or agency.
(2) The nonpublic, nonsectarian school or agency shall retain the
evidence and store it in a locked file separate from other files.
SEC. 16. Section 56440 of the Education Code is amended to read:
56440. (a) Each special education local plan area shall submit to
the Superintendent, as part of the local plan, information for
providing special education and services to individuals with
exceptional needs, as defined in Section 56026, who are between the
ages of three and five years, inclusive.
(b) All individuals with exceptional needs between the ages of
three and five years, inclusive, identified in subdivision (a) shall
be served by the local educational agencies within each special
education local plan area, to the extent required under federal law
and pursuant to the local plan and application approved by the
Superintendent.
(c) Individuals with exceptional needs between the ages of three
and five years, inclusive, who are identified by the local
educational agency as requiring special education and
services, as defined by the board, services
shall be eligible for special education and services pursuant to this
part and shall not be subject to any phase-in plan.
part.
(d) Special education facilities operated by local educational
agencies serving children under this chapter and Chapter 4.4
(commencing with Section 56425) shall meet all applicable standards
relating to fire, health, sanitation, and building safety, but are
not subject to Chapter 3.4 (commencing with Section 1596.70), 3.5
(commencing with Section 1596.90), or 3.6 (commencing with Section
1597.30) of Division 2 of the Health and Safety Code.
(e) This chapter applies to all individuals with exceptional needs
between the ages of three and five years, inclusive.
SEC. 17. Section 60603 of the Education Code is amended to read:
60603. As used in this chapter:
(a) "Achievement level descriptors" means a narrative description
of the knowledge, skills, and processes expected of pupils at
different grade levels and at different performance levels on
achievement tests.
(b) "Achievement test" means any summative standardized test that
measures the level of performance that a pupil has achieved on
state-adopted content standards.
(c) "California Assessment of Student Performance and Progress
(CAASPP)" means the comprehensive assessment system, inclusive of
consortium-developed assessments, that has the primary purpose of
modeling and promoting high-quality teaching and instruction using a
variety of assessment approaches and item types.
(d) "Census administration" means a test administration in which
all pupils take comparable assessments of the same content and where
results of individual performance are appropriate and meaningful to
parents, pupils, and teachers.
(e) "Computer-adaptive assessment" means a computer-based test
that utilizes a computer program to adjust the difficulty of test
items throughout a testing session based on a test taker's responses
to previous test items during that testing session.
(f) "Computer-based assessment" means a test administered using an
electronic computing device.
(g) "Consortium" means a multistate collaborative organized to
develop a comprehensive system of assessments or formative tools such
as described in Section 60605.7.
(h) "Constructed-response questions" means a type of assessment
item that requires pupils to construct their own answers.
(i) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach, and all pupils are expected to learn, in reading,
writing, mathematics, history-social
science, foreign languages, visual and performing arts,
and science, at each grade level tested.
(j) "Diagnostic assessment" means an assessment of particular
knowledge or skills a pupil has or has not yet achieved for the
purpose of informing instruction and making placement decisions.
(k) "End of course examination" means a comprehensive and
challenging assessment of pupil achievement in a particular subject
area or discipline.
(l) "Field test" means an assessment or assessment items
administered to a representative sample of a population to ensure
that the test or item produces results that are valid, reliable, and
fair.
(m) "Formative assessment tools" means assessment tools and
processes that are embedded in instruction and used by teachers and
pupils to provide timely feedback for purposes of adjusting
instruction to improve learning.
(n) "High-quality assessment" means an assessment designed to
measure a pupil's knowledge of, understanding of, and ability to
apply, critical concepts through the use of a variety of item types
and formats, including, but not necessarily limited to, items that
allow for constructed responses and items that require the completion
of performance tasks. A high-quality assessment should have the
following characteristics:
(1) Enable measurement of pupil achievement and pupil growth to
the extent feasible.
(2) Be of high technical quality by being valid, reliable, fair,
and aligned to standards.
(3) Incorporate technology where appropriate.
(4) Include the assessment of pupils with disabilities and English
learners.
(5) Use, to the extent feasible, universal design principles, as
defined in Section 3 of the federal Assistive Technology Act of 1998
(29 U.S.C. Sec. 3002) in its development and administration.
(o) "Interim assessment" means an assessment that is designed to
be given at regular intervals throughout the school year to evaluate
a pupil's knowledge and skills relative to a specific set of academic
standards, and produces results that can be aggregated by course,
grade level, school, or local educational agency in order to inform
teachers and administrators at the pupil, classroom, school, and
local educational agency levels.
(p) "Local educational agency" means a county office of education,
school district, state special school, or direct-funded charter
school as described in Section 47651.
(q) "Matrix sampling" means administering different portions of a
single assessment to different groups of pupils for the purpose of
sampling a broader representation of content and reducing testing
time.
(r) "Performance standards" are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established. Performance
standards gauge the degree to which a pupil has met the content
standards and the degree to which a school or school district has met
the content standards.
(s) "Performance tasks" are a collection of questions or
activities that relate to a single scenario that include pupil
interaction with stimulus. Performance tasks are a means to assess
more complex skills such as writing, research, and analysis.
(t) "Personally identifiable information" includes a pupil's name
and other direct personal identifiers, such as the pupil's
identification number. Personally identifiable information also
includes indirect identifiers, such as the pupil's address and
personal characteristics, or other information that would make the
pupil's identity easily traceable through the use of a single or
multiple data sources, including publicly available information.
(u) "Population sampling" means administering assessments to a
representative sample of pupils instead of the entire pupil
population. The sample of pupils shall be representative in terms of
various pupil subgroups, including, but not necessarily limited to,
English learners and pupils with disabilities.
(v) "Recently arrived English learner" means a pupil designated as
an English learner who is in his or her first 12 months of attending
a school in the United States.
(w) "State-determined assessment calendar" means the scheduling of
assessments, exclusive of those subject area assessments listed in
subdivision (b) of Section 60640, over several years on a
predetermined schedule. Content areas and grades shall only be
assessed after being publicly announced at least two school years in
advance of the assessment.
(x) "Summative assessment" means an assessment designed to be
given near the end of the school year to evaluate a pupil's knowledge
and skills relative to a specific set of academic standards.
SEC. 18. Section 60604 of the Education Code is amended to read:
60604. (a) The Superintendent shall design and implement,
consistent with the timetable and plan required pursuant to
subdivision (b), a statewide pupil assessment system consistent with
the testing requirements of this article in accordance with the
objectives set forth in Section 60602.5. That system shall include
all of the following:
(1) Exclusive of the consortium assessments, a plan for producing
or adopting valid, fair, and reliable achievement tests as
recommended by the Superintendent and adopted by the state board
pursuant to the California Assessment of Student Performance and
Progress (CAASPP) established by Article 4 (commencing with Section
60640).
(2) A plan for administering the consortium summative assessment
as outlined by the joint agreement of the consortium.
(3) Statewide academically rigorous content and performance
standards that reflect the knowledge and complex skills that pupils
will need in order to succeed in the information-based, global
economy of the 21st century. These skills shall not include personal
behavioral standards or skills, including, but not limited to,
honesty, sociability, ethics, or self-esteem.
(4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the state board.
(5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.
(6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members of
school districts, business community members, institutions of higher
education, and the public in all phases of the design and
implementation of the statewide pupil assessment system.
(7) A plan for ensuring the security and integrity of the CAASPP
assessments.
(8) The development of a contract or contracts with a contractor
for the development or administration of achievement tests and
performance tasks aligned to state-adopted content standards,
including summative assessments or assessments that employ matrix
sampling or population sampling methods.
(b) The Superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan for the
CAASPP, and a timetable for implementing the system described in
Section 60640. The annual update shall be submitted on or before
March 1 of each year to the Department of Finance, the state board,
and the respective chairpersons of the appropriate fiscal
subcommittees considering budget appropriations and the appropriate
policy committees in each house. The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
(c) The Superintendent shall make resources available that are
designed to assist with the interpretation and use of the CAASPP
results to promote the use of the results for purposes of improving
pupil learning and educational programs across the full curriculum.
The Superintendent shall consider information already provided by
assessment consortia to which California belongs or assessment
contractors when fulfilling this requirement.
(d) The Superintendent shall make information and resources
available to parents, teachers, pupils, administrators, school board
members, and the public regarding the CAASPP, including, but not
necessarily limited to, system goals, purposes, scoring systems,
results, valid uses of assessments, and information on the
relationship between performance on the previous state assessments
and the CAASPP.
(e) The Superintendent and the state board shall consider comments
and recommendations from teachers, administrators, pupil
representatives, institutions of higher education, and the public in
the development, adoption, and approval of assessment instruments.
(f) The results of the achievement tests, exclusive of the
consortium summative assessments, administered pursuant to Article 4
(commencing with Section 60640), shall be returned to the local
educational agencies within the period of time specified by the state
board.
SEC. 19. Section 60607 of the Education Code is amended to read:
60607. (a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results of
the achievement test required and administered annually as part of
the California Assessment of Student Performance and Progress
(CAASPP), or any predecessor assessments, established pursuant to
Article 4 (commencing with Section 60640), results of end-of-course
examinations he or she has taken, and the vocational education
certification examinations he or she chose to take.
(b) It is the intent of the Legislature that local educational
agencies and schools use the results of the academic achievement
tests administered annually as part of the CAASPP to provide support
to pupils and parents or guardians in order to assist pupils in
strengthening their development as learners, and thereby to improve
their academic achievement and performance in subsequent assessments.
(c) (1) Except for research provided for in former Section
49079.6, as it read on December 31, 2013, a pupil's results or a
record of accomplishment shall be private, and may not be released to
any person, other than the pupil's parent or guardian and a teacher,
counselor, or administrator directly involved with the pupil,
without the express written consent of either the parent or guardian
of the pupil if the pupil is a minor, or the pupil if the pupil has
reached the age of majority or is emancipated.
(2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational institution
for the purpose of credit, placement, or admission.
(B) Notwithstanding paragraph (1), the results of an individual
pupil on the CAASPP may be released to a postsecondary educational
institution for the purpose of credit, placement, or admission.
SEC. 20. Section 60611 of the Education Code is amended to read:
60611. A local educational agency, district superintendent of
schools, or principal or teacher of any elementary or secondary
school, including a charter school, shall not carry on any program
for the sole purpose of test preparation of pupils for the statewide
pupil assessment system or a particular test used in the statewide
pupil assessment system. Nothing in this section prohibits the use of
materials to familiarize pupils with item types or the
computer-based testing environment used in the California Assessment
of Student Performance and Progress.
SEC. 21. Section 60630 of the Education Code is amended to read:
60630. (a) The Superintendent shall prepare and submit, and
subsequently post on the Internet Web site of the department, an
annual report to the state board containing an analysis of the
results and test scores of the summative assessments administered
pursuant to Section 60640. The Superintendent shall notify the state
board and the appropriate policy and fiscal committees of the
Legislature that the annual report is available on the Internet Web
site of the department.
(b) The Superintendent shall post a periodic update on the
implementation of the California Assessment of Student Performance
and Progress on the Internet Web site of the department, and notify
the state board and the appropriate policy and fiscal committees of
the Legislature that the update is available on the Internet Web site
of the department.
SEC. 22. Section 60641 of the Education Code is amended to read:
60641. (a) The department shall ensure that local educational
agencies comply with each of the following requirements:
(1) The achievement tests provided for in Section 60640 are
scheduled to be administered to all pupils, inclusive of pupils
enrolled in charter schools and exclusive of pupils exempted pursuant
to Section 60640, during the period prescribed in subdivision (b) of
Section 60640.
(2) For assessments that produce valid individual pupil results,
the individual results of each pupil tested pursuant to Section 60640
shall be reported, in writing, to the parent or guardian of the
pupil. The report shall include a clear explanation of the purpose of
the test, the score of the pupil, and the intended use by the local
educational agency of the test score. This subdivision does not
require teachers or other local educational agency personnel to
prepare individualized explanations of the test score of each pupil.
It is the intent of the Legislature that nothing in this section
shall preclude a school or school district from meeting the reporting
requirement by the use of electronic media formats that secure the
confidentiality of the pupil and the pupil's results. State agencies
or local educational agencies shall not use a comparison resulting
from the scores and results of the California Assessment of Student
Performance and Progress (CAASPP) assessments and the assessment
scores and results from assessments that measured previously adopted
content standards.
(3) (A) For assessments that produce valid individual pupil
results, the individual results of each pupil tested pursuant to
Section 60640 also shall be reported to the school and teachers of a
pupil. The local educational agency shall include the test results of
a pupil in his or her pupil records. However, except as provided in
this section and Section 60607, personally identifiable pupil test
results only may be released with the permission of either the pupil'
s parent or guardian if the pupil is a minor, or the pupil if the
pupil has reached the age of majority or is emancipated.
(B) Notwithstanding subparagraph (A) and pursuant to subdivision
(c) of Section 60607, a pupil or his or her parent or guardian may
authorize the release of individual pupil results to a postsecondary
educational institution for the purpose of credit, placement,
determination of readiness for college-level coursework, or
admission.
(4) The districtwide, school-level, and grade-level results of the
CAASPP in each of the grades designated pursuant to Section 60640,
but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.
(b) The state board shall adopt regulations that outline a
calendar for delivery and receipt of summative assessment results at
the pupil, school, grade, district, county, and state levels. The
calendar shall include delivery dates to the department and to local
educational agencies. The calendar for delivery shall provide for the
timely return of assessment results, and consider the amount of
paper-and-pencil administered assessments and number of items
requiring hand scoring. The calendar shall also ensure that
individual assessment results are reported to local educational
agencies within eight weeks of receipt by the contractor for scoring.
(c) Aggregated, disaggregated, or group scores or reports that
include the results of the CAASPP assessments, inclusive of the
reports developed pursuant to Section 60630, shall not be publicly
reported to any party other than the school or local educational
agency where the pupils were tested, if the aggregated,
disaggregated, or group scores or reports are comprised of 10 or
fewer individual pupil assessment results. Exclusive of the reports
developed pursuant to Section 60630, in no case shall any group score
or report be displayed that would deliberately or inadvertently make
the score or performance of any individual pupil or teacher
identifiable.
(d) The department shall ensure that pupils in grade 11, or
parents or legal guardians of those pupils, may request results from
grade 11 assessments administered as part of the CAASPP for the
purpose of determining credit, placement, or readiness for
college-level coursework be released to a postsecondary educational
institution.
SEC. 23. Section 60643 of the Education Code is amended to read:
60643. (a) Notwithstanding any other law, the contractor or
contractors of the achievement tests provided for in Section 60640
shall comply with all of the conditions and requirements of the
contract to the satisfaction of the Superintendent and the state
board.
(b) (1) The department shall develop, and the Superintendent and
the state board shall approve, a contract or contracts to be entered
into with a contractor in connection with the test provided for in
Section 60640. The department may develop the contract through
negotiations. In approving a contract amendment to the contract
authorized pursuant to this section, the department, in consultation
with the state board, may make material amendments to the contract
that do not increase the contract cost. Contract amendments that
increase contract costs may only be made with the approval of the
department, the state board, and the Department of Finance.
(2) For purposes of the contracts authorized pursuant to this
subdivision, the department is exempt from the requirements of Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code and from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
The department shall use a competitive and open process utilizing
standardized scoring criteria through which to select a potential
administration contractor or contractors for recommendation to the
state board for consideration. The state board shall consider each of
the following criteria:
(A) The ability of the contractor to produce valid and reliable
scores.
(B) The ability of the contractor to report accurate results in a
timely fashion.
(C) Exclusive of the consortium assessments, the ability of the
contractor to ensure technical adequacy of the tests, inclusive of
the alignment between the California Assessment of Student
Performance and Progress tests and the state-adopted content
standards.
(D) The cost of the assessment system.
(E) The ability and proposed procedures to ensure the security and
integrity of the assessment system.
(F) The experience of the contractor in successfully conducting
statewide testing programs in other states.
(3) The contracts shall include provisions for progress payments
to the contractor for work performed or costs incurred in the
performance of the contract. Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided for
in each contract shall be withheld pending final completion of all
component tasks by that contractor. The total amount withheld pending
final completion shall not exceed 10 percent of the total contract
price for that fiscal year.
(4) The contracts shall require liquidated damages to be paid by
the contractor in the amount of up to 10 percent of the total cost of
the contract for any component task that the contractor through its
own fault or that of its subcontractors fails to substantially
perform by the date specified in the agreement.
(5) The contracts shall establish the process and criteria by
which the successful completion of each component task shall be
recommended by the department and approved by the state board.
(6) The contractors shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
(7) The contract or contracts subject to approval by the
Superintendent and the state board under paragraph (1) and exempt
under paragraph (2) shall specify the following component tasks, as
applicable, that are separate and distinct:
(A) Development of new tests or test items.
(B) Test materials production or publication.
(C) Delivery or electronic distribution of test materials to local
educational agencies.
(D) Test processing, scoring, and analyses.
(E) Reporting of test results to the local educational agencies,
including, but not necessarily limited to, all reports specified in
this section.
(F) Reporting of valid and reliable test results to the
department, including, but not necessarily limited to, the following
electronic files:
(i) Scores aggregated statewide, and by county, school district,
school, and grade.
(ii) Disaggregated scores based on English proficiency status,
gender, ethnicity, socioeconomic disadvantage, foster care status,
and special education designation.
(G) All other analyses or reports required by the Superintendent
to meet the requirements of state and federal law and set forth in
the agreement.
(H) Technology services to support the activities listed in
subparagraphs (A) to (G), inclusive.
(I) Perform regular performance checks and load simulations to
ensure the integrity and robustness of the technology system used to
support the activities listed in subparagraphs (A) to (G), inclusive.
SEC. 24. Section 60643.6 of the Education Code is amended to read:
60643.6. A local educational agency shall be reimbursed by the
contractor selected pursuant to this article for any unexpected
expenses incurred due to scheduling changes that resulted from the
late delivery of testing materials in connection with the California
Assessment of Student Performance and Progress.
SEC. 25. Section 60648 of the Education Code is amended to read:
60648. Exclusive of consortium summative assessments, the
Superintendent shall recommend, and the state board shall adopt,
performance standards on the California Assessment of Student
Performance and Progress summative tests administered pursuant to
this article. The performance levels shall identify and establish the
minimum performance required for meeting a particular achievement
level expectation. Once adopted, these standards shall be reviewed by
the state board every five years to determine whether adjustments
are necessary.
SEC. 26. Section 60810 of the Education Code, as amended by
Section 5 of Chapter 478 of the Statutes of 2013, is amended to read:
60810. (a) (1) The Superintendent shall review existing tests
that assess the English language development of pupils whose primary
language is a language other than English. The tests shall include,
but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills. The Superintendent
shall determine which tests, if any, meet the requirements of
subdivisions (b) and (c). If any existing test or series of tests
meets these criteria, the Superintendent, with approval of the state
board, shall report to the Legislature on its findings and
recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meets
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2000-01 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. The early literacy assessment
shall be administered for a period of four years beginning after the
initial administration of the assessment or until July 1, 2017,
whichever occurs last. Six months after the three administered
assessments are collected, but no later than June 30, 2013, the
department shall report to the Legislature on the administration of
the kindergarten and grade 1 early literacy assessment results, as
well as on the administrative process, in order to determine whether
reauthorization of the early literacy assessment is appropriate.
(2) In the development
and administration of the assessment for pupils in kindergarten and
grade 1, the department shall minimize any additional assessment
time, to the extent possible. To the extent that it is technically
possible, items that are used to assess listening and speaking shall
be used to measure early literacy skills. The department shall ensure
that the test and procedures for its administration are age and
developmentally appropriate. Age and developmentally appropriate
procedures for administration may include, but are not limited to,
one-on-one administration, a small group setting, and orally
responding or circling a response to a question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary
language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.
(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the test that measure English
language skills for which he or she has previously tested as advanced
within each appropriate grade span, as determined by the department
in accordance with paragraph (8) of subdivision (c).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
test that measure English language skills for which he or she has
previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented until the test
publisher's contract that is in effect on January 1, 2012, expires.
(4) This subdivision shall not be implemented unless and until the
department receives written documentation from the United States
Department of Education that implementation is permitted by federal
law.
(f) This section shall remain in effect only until the
Superintendent reports to the appropriate policy committees of the
Legislature pursuant to paragraph (2) of subdivision (h) of Section
60810 as added by the chapter that added this subdivision during the
2013-14 Regular Session, and as of January 1 of the following year,
this section is repealed.
SEC. 27. (a) Section 3.5 of this bill incorporates
amendments to Section 33540 of the Education Code proposed by both
this bill and Senate Bill 897. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 33540 of the Education Code, and
(3) this bill is enacted after Senate Bill 897, in which case Section
3 of this bill shall not become operative.
(b) Sections 11.1 and 11.2 of this bill incorporate amendments to
Section 52060 of the Education Code proposed by both this bill and
Assembly Bill 2512. They shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 52060 of the Education Code, and (3)
this bill is enacted after Assembly Bill 2512, in which case Section
11 of this bill shall not become operative.
SEC. 27. SEC. 28. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.