BILL NUMBER: SB 267	AMENDED
	BILL TEXT

	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

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.
    Existing  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. Existing
 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.
 Existing law authorizes the state board to extend that date by
up to one year, as provided. 
   This bill would revise the definition of an "eligible pupil with a
disability" by  delaying the dates   revising
the date  by which a pupil is required to be scheduled to
receive a high school diploma and  the date by which  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 school  diploma,
  diploma  to  on or after July 1, 2016.
 the pupil's anticipated graduation date.  The bill
would also  delay   revise  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 to 
July 1, 2016.   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 60852.2 of the Education Code is amended to
read:
   60852.2.  (a) For purposes of this chapter, "eligible pupil with a
disability" means a pupil who meets all of the following criteria:
   (1) The pupil has an operative individualized education program
adopted pursuant to the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) or a plan adopted
pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794(a)) that indicates that the pupil has an anticipated
graduation date and is scheduled to receive a high school diploma
 on or after July 1, 2016.   by that  
date. 
   (2) The pupil has not passed the high school exit examination.
   (3) The school district or state special school certifies that the
pupil has satisfied or will satisfy all other state and local
requirements for the receipt of a high school diploma  on or
after July 1, 2016.   by his or her anticipated
graduation date. 
   (4) The pupil has attempted to pass those sections not yet passed
of the high school exit examination at least twice after grade 10,
including at least once during the current enrollment of the pupil in
grade 12, with the accommodations or modifications, if any,
specified in the individualized education program adopted pursuant to
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.) or the plan adopted pursuant to Section 504 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) of the
pupil.
   (b)  Commencing July 1, 2016,   Upon the
state board's determination pursuant to subdivision (b) of Section
60852.3 that the alternative means have been implemented,  an
eligible pupil with a disability may 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
pursuant to Section 60852.1.  The state board may, by
regulation, extend this date by up to one year if it determines that
an extension is necessary for the appropriate implementation of the
regulations adopted pursuant to Section 60852.1. 
   (c) An eligible pupil with a disability shall be deemed to have
satisfied the requirements of Section 60851 for those parts of the
high school exit examination that the eligible pupil with a
disability has not passed if the school district in which the
eligible pupil with a disability is enrolled is notified that the
eligible pupil with a disability has successfully demonstrated the
same level of academic achievement in the statewide content standards
as the level of academic achievement that is necessary to pass the
high school exit examination through one or more of the alternative
means prescribed in the regulations adopted pursuant to Section
60852.1.