BILL NUMBER: AB 125	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campbell
   (Principal coauthor: Assembly Member Rod Pacheco)

                        JANUARY 5, 1999

   An act to add Chapter 9 (commencing with Section 60850) to Part 33
of the Education Code, relating to high school graduation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 125, as introduced, Campbell.  California High School
Graduation Examination Program.
   Existing law requires that pupils complete certain coursework as a
condition to graduation from high school.  Existing law, the
Standardized Testing and Reporting Program, requires school
districts, charter schools, and county offices of education to
administer to each of its pupils in grades 2 to 11, inclusive, an
achievement test.  Existing law requires the governing board of each
school district to offer summer school instructional programs for
pupils enrolled in grades 7 to 12, inclusive, who are assessed as not
meeting the district's adopted standards of proficiency in basic
skills.  Existing law requires the governing board of each school
district and each county superintendent of schools to adopt policies
regarding pupil promotion and retention.
   This bill would impose a state-mandated local program by
establishing the California High School Graduation Examination
program under which each school district, charter school, and county
office of education would be required, commencing in the 2001-02
school year and every school year thereafter, to administer before
May 15 a graduation examination designated by the State Board of
Education to each pupil enrolled in grade 12, except certain
individuals with exceptional needs.  The bill would prohibit a pupil
from being awarded a high school diploma until he or she attains a
score that meets or exceeds the passing score established by the
State Board of Education.  The bill would require a pupil who does
not achieve a passing score to attend a remedial summer school course
after which the pupil would be administered the graduation
examination a second time.  If the pupil does not achieve a passing
score, the bill would require the pupil to repeat grade 12.  The bill
would require the State Department of Education to ensure that each
school district, charter school, and county office of education
complies with certain reporting and administration requirements.  The
bill would require the State Department of Education and the
graduation examination publisher to make the examination results
available on the Internet.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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.  Chapter 9 (commencing with Section 60850) is added to
Part 33 of the Education Code, to read:

      CHAPTER 9.  CALIFORNIA HIGH SCHOOL GRADUATION EXAMINATION
PROGRAM

   60850.  (a) There is hereby established the California High School
Graduation Examination program.
   (b) Commencing in the 2001-02 school year and every school year
thereafter, and from funds available for that purpose, each school
district, charter school, and county office of education shall
administer before May 15 an examination designated by the State Board
of Education pursuant to Section 60852 to each pupil enrolled in
grade 12.  This examination shall be known as the graduation
examination.
   (c) Notwithstanding any other provision of law, a pupil may not be
awarded a high school diploma until he or she attains a score on the
graduation examination that meets or exceeds the passing score
established by the State Board of Education.
   (d) The graduation examination publisher and the school district,
charter school, or county office of education shall provide two
makeup days, no later than May 25, for the testing of pupils absent
from a previously administered graduation examination.
   (e) An individual with exceptional needs who has an explicit
provision in his or her individualized education program that exempts
him or her from the graduation examination shall be so exempted.
   (f) The State Board of Education shall establish the amount of
funding to be apportioned by the Superintendent of Public Instruction
to school districts, charter schools, and county offices of
education for purposes of implementing the California High Graduation
Examination program.  The amount established by the State Board of
Education shall be up to eight dollars ($8) per graduation
examination administered.
   (g) As a condition to receiving an apportionment, a school
district, charter school, and county office of education shall
certify to the State Board of Education and Superintendent of Public
Instruction all of the following:
   (1) The number of pupils enrolled in grade 12 in the school
district, charter school, or county office of education.
   (2) The number of pupils to whom the graduation examination was
administered.
   (3) The number of pupils in paragraph (1) who were exempted from
the graduation examination pursuant to subdivision (e).
   (4) The number of pupils who attained a passing score or better.
   (5) Compliance with reporting requirements set forth in
subdivisions (b), (c), and (e) of Section 60854.
   60851.  (a) If a pupil does not achieve a passing score on the
graduation examination, as determined by the State Board of
Education, the pupil shall attend a summer school course for
necessary remedial instruction.
   (b) A school district, charter school, or county office of
education shall obtain an apportionment from funds made available for
this remedial summer school course.
   (c) At the end of the remedial summer school course, the pupil
shall be administered the graduation examination.  If the pupil does
not achieve a passing score, the pupil shall repeat grade 12.
   60852.  (a) By September 1, 2000, or as soon thereafter as
practical, the State Board of Education may consider evaluations by
independent experts who have not been employed by a test publisher in
the preceding 12 months regarding the suitability of tests submitted
by test publishers for consideration as graduation examinations.
These tests shall be submitted pursuant to time lines, requirements,
and terms that the State Board of Education may establish.
   (b) Based on a review of the tests submitted and recommendations
made by the Superintendent of Public Instruction, the State Board of
Education, in its sole discretion, shall designate, no later than
July, 2000, a test to serve as the graduation examination.
   (c) The State Board of Education shall ensure that the graduation
examination meets all of the following requirements:
   (1) It tests the core curriculum areas identified in subdivision
(e) of Section 60603.
   (2) It is aligned to the academic content and performance
standards adopted by the State Board of Education pursuant to Section
60605.
   (3) It complies with the requirements of Section 60614.
   (d) The State Board of Education shall establish the score that a
pupil shall attain in order to pass the graduation examination.
   60854.  The State Department of Education shall ensure that each
school district, charter school, and county office of education
complies with each of the following requirements:
   (a) The graduation examination is administered to the required
pupils during the prescribed period.
   (b) The individual graduation examination results of each pupil is
reported in writing to the pupil's parent or guardian and includes a
clear explanation of the pupil's score and the requirements or
options available to the pupil.  However, except as provided by this
section, individual pupil results may only be released with the
permission of the pupil's parent or guardian.
   (c) The individual graduation examination results of each pupil is
reported to the pupil's school and teachers.
   (d) A pupil's graduation examination results are included in the
pupil's records.
   (e) The districtwide and school-level results of the California
High School Graduation Examination program, but not the result of any
individually ascertainable pupil, is reported to the governing board
of the school district at a regularly scheduled meeting, and the
countywide and school results for programs under the jurisdiction of
the county office of education are similarly reported to the county
board of education at a regularly scheduled meeting.  These results
shall be made available to the public at the time of their disclosure
to the board.  The provisions of this subdivision regarding the
results of individually ascertainable pupils do not prohibit a school
district from releasing a list of pupils to be awarded high school
diplomas.
   (f) The State Department of Education and the graduation
examination publisher shall make the school, charter school, school
district, county office of education, and state results available on
the Internet by June 30 of each year in which the examination is
administered to all pupils enrolled in grade 12, and by August 30 of
each year for pupils who repeated the examination after the remedial
summer school course.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.