Amended in Assembly July 1, 2014

Amended in Assembly June 16, 2014

Amended in Senate May 30, 2013

Amended in Senate May 28, 2013

Amended in Senate May 7, 2013

Amended in Senate March 21, 2013

Senate BillNo. 267


Introduced by Senator Pavley

February 13, 2013


An act to amend Section 60852.2 of the Education Code, relating to pupil assessment.

LEGISLATIVE COUNSEL’S DIGEST

SB 267, as amended, Pavley. Pupil assessment: high school exit examination: eligible pupils with disabilities.

Existing law requires each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or as a condition of graduation from high school. Existing law requires the State Board of Education, taking into consideration certain findings and recommendations, to adopt regulations for alternative means by which eligible pupils with disabilities may demonstrate that they have achieved the same level of academic achievement in the content standards required for passage of the high school exit examination.

Existing law defines an “eligible pupil with a disability” as a pupil who has an individualized education program or other specified plan that indicates that the pupil has an anticipated graduation date and is scheduled to receive a high school diploma on or after July 1, 2015, who has not passed the high school exit examination but has attempted to pass those sections not yet passed, as specified, and who the school district or state special school certifies has satisfied or will satisfy all other state and local requirements for the receipt of a high school diploma on or after July 1, 2015.

Existingbegin insert law exempts an eligible pupil with a disability from being required to pass the high school exit examination as a condition of receiving a diploma of graduation or as a condition of graduation from high school until the state board makes a determination that the alternative means by which an eligible pupil with disabilities may demonstrate the same level of academic achievement in the portions of, or those content standards required for passage of, the high school exit examination are not feasible or that the alternative means are implemented. Existingend insert law authorizes an eligible pupil with a disability, commencing July 1, 2015, to participate in the alternative means of demonstrating the level of academic achievement in the content standards required for passage of the high school exit examination in the manner prescribed by the regulations adopted by the state board.begin insert Existing law authorizes the state board to extend that date by up to one year, as provided.end insert

This bill would revise the definition of an “eligible pupil with a disability” bybegin delete delaying the datesend deletebegin insert revising the dateend insert by which a pupil is required to be scheduled to receive a high school diploma andbegin insert the date by whichend insert the school district or state special school is required to certify that the pupil has satisfied or will satisfy all other state and local requirements for the receipt of a high schoolbegin delete diploma,end deletebegin insert diplomaend insert tobegin delete on or after July 1, 2016.end deletebegin insert the pupil’s anticipated graduation date.end insert The bill would alsobegin delete delayend deletebegin insert reviseend insert the commencement date for an eligible pupil with a disability to participate in the alternative means of demonstrating the level of academic achievement in the required content standards tobegin delete July 1, 2016.end deletebegin insert be contingent upon the state board’s determination that the alternative means have been implemented. The bill would also repeal the state board’s authority to extend that date.end insert

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

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

P3    1

SECTION 1.  

Section 60852.2 of the Education Code is
2amended to read:

3

60852.2.  

(a) For purposes of this chapter, “eligible pupil with
4a disability” means a pupil who meets all of the following criteria:

5(1) The pupil has an operative individualized education program
6adopted pursuant to the federal Individuals with Disabilities
7Education Act (20 U.S.C. Sec. 1400 et seq.) or a plan adopted
8pursuant to Section 504 of the federal Rehabilitation Act of 1973
9(29 U.S.C. Sec. 794(a)) that indicates that the pupil has an
10anticipated graduation date and is scheduled to receive a high
11school diplomabegin delete on or after July 1, 2016.end deletebegin insert by that date.end insert

12(2) The pupil has not passed the high school exit examination.

13(3) The school district or state special school certifies that the
14pupil has satisfied or will satisfy all other state and local
15requirements for the receipt of a high school diplomabegin delete on or after
16July 1, 2016.end delete
begin insert by his or her anticipated graduation date.end insert

17(4) The pupil has attempted to pass those sections not yet passed
18of the high school exit examination at least twice after grade 10,
19including at least once during the current enrollment of the pupil
20in grade 12, with the accommodations or modifications, if any,
21specified in the individualized education program adopted pursuant
22to the federal Individuals with Disabilities Education Act (20
23U.S.C. Sec. 1400 et seq.) or the plan adopted pursuant to Section
24504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec.
25794(a)) of the pupil.

26(b) begin deleteCommencing July 1, 2016, end deletebegin insertUpon the state board’s
27determination pursuant to subdivision (b) of Section 60852.3 that
28the alternative means have been implemented,end insert
an eligible pupil
29with a disability may participate in the alternative means of
30demonstrating the level of academic achievement in the content
31standards required for passage of the high school exit examination
32in the manner prescribed by the regulations adopted pursuant to
33Section 60852.1.begin delete The state board may, by regulation, extend this
34date by up to one year if it determines that an extension is necessary
35for the appropriate implementation of the regulations adopted
36pursuant to Section 60852.1.end delete

37(c) An eligible pupil with a disability shall be deemed to have
38satisfied the requirements of Section 60851 for those parts of the
P4    1high school exit examination that the eligible pupil with a disability
2has not passed if the school district in which the eligible pupil with
3a disability is enrolled is notified that the eligible pupil with a
4disability has successfully demonstrated the same level of academic
5achievement in the statewide content standards as the level of
6academic achievement that is necessary to pass the high school
7exit examination through one or more of the alternative means
8prescribed in the regulations adopted pursuant to Section 60852.1.



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