BILL NUMBER: SBX1 2 CHAPTERED
BILL TEXT
CHAPTER 1
FILED WITH SECRETARY OF STATE MARCH 29, 1999
APPROVED BY GOVERNOR MARCH 29, 1999
PASSED THE SENATE MARCH 23, 1999
PASSED THE ASSEMBLY MARCH 22, 1999
AMENDED IN ASSEMBLY MARCH 18, 1999
AMENDED IN ASSEMBLY MARCH 15, 1999
AMENDED IN ASSEMBLY MARCH 8, 1999
AMENDED IN SENATE FEBRUARY 25, 1999
AMENDED IN SENATE FEBRUARY 23, 1999
INTRODUCED BY Senator O'Connell
(Principal coauthor: Assembly Member Maldonado)
(Coauthors: Senators Polanco and Solis)
(Coauthors: Assembly Members Alquist, Calderon, Campbell, Correa,
Cunneen, and Honda)
JANUARY 19, 1999
An act to amend Sections 37252 and 48980 of, to add Chapter 8
(commencing with Section 60850) to Part 33 of, and to repeal Article
2.5 (commencing with Section 51215) of Chapter 2 of Part 28 of, the
Education Code, relating to education accountability, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, O'Connell. Education accountability: high school exit
examination.
(1) Existing law requires the governing board of each school
district maintaining any or all of grades 7 to 12, inclusive, to
offer summer school instructional programs for pupils enrolled in
those grades who were assessed as not meeting the district's adopted
standards of proficiency in basic skills. Existing law requires the
summer school programs also to be offered to pupils who were enrolled
in grade 12 during the prior school year after the completion of
grade 12, and upon the successful completion of the summer program,
authorizes these pupils to be reassessed for purposes of meeting the
district's standards of proficiency.
This bill would instead require these school districts to offer
summer school instruction for pupils who do not demonstrate
sufficient progress toward passing the exit examination required for
high school graduation. The bill would delete the authorization for
the reassessment of pupils who were enrolled in grade 12 during the
prior school year and successfully completed the summer program after
the completion of grade 12. The bill would provide that these
provisions become operative on January 1, 2000.
(2) Existing law requires the governing board of each school
district maintaining a junior or senior high school to adopt
standards of proficiency in basic skills for pupils and requires the
governing board of each school district maintaining grade 6 or 8, or
the equivalent, to adopt standards of proficiency in basic skills for
pupils attending these grades. These standards are required to be
directly related to the district's instructional program and to
include reading comprehension, writing, and computation skills, in
the English language. Existing law requires the governing board of
each school district to take appropriate steps to ensure that the
progress towards proficiency in basic skills is assessed in the
English language during the regular instructional program at least
once during the 4th through 6th grade, inclusive, once during the 7th
through 9th grade, inclusive, and twice during the 10th through 11th
grade, inclusive. Proficiency assessments are required to be used
to determine whether pupils need additional assistance in basic
skills and if so, the appropriate content and mode of any additional
assistance. Existing law prohibits an English-speaking pupil or
limited-English-proficient pupil from receiving a high school diploma
unless he or she passes the English language proficiency assessment
normally required for graduation. If a pupil does not demonstrate
sufficient progress toward mastery of basic skills to meet prescribed
standards upon exit from the 6th, 8th, or 12th grade, whichever is
appropriate, existing law authorizes the principal to arrange a
conference between the parent or guardian of the pupil and a
certificated employee familiar with the pupil's progress to discuss
the results of the individual pupil assessment and recommended
actions to further the pupil's progress. Notices to pupils in grades
9 to 12, inclusive, are required to inform the parent or guardian
that the pupil will not receive a high school diploma unless the
prescribed standards are met. Instruction in basic skills is
required to be provided for any pupil who does not demonstrate
sufficient progress toward mastery of basic skills and continue until
the pupil has been given numerous opportunities to achieve mastery.
Existing law allows that instruction to be provided in summer school
programs. Existing law prohibits a pupil who was enrolled in the
9th grade, or the equivalent thereof, from receiving a diploma of
graduation from high school if he or she has not met the standards of
proficiency in basic skills prescribed by the secondary school
district governing board and the school district has developed and
made available to the pupil remedial instruction programs in basic
skills for at least 2 consecutive sessions.
This bill would make these provisions inoperative on July 31,
1999, and repeal the provisions on January 1, 2000.
(3) Existing law requires pupils to 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.
This bill would require the Superintendent of Public Instruction,
with a High School Exit Examination Standards Panel established by
the Superintendent of Public Instruction and with the approval of the
State Board of Education, to develop a high school exit examination
in language arts and mathematics in accordance with the statewide
academically rigorous content standards adopted by the State Board of
Education. The bill would require the State Board of Education to
adopt a high school exit examination that is aligned with statewide
academically rigorous content standards. Commencing with the 2003-04
school year and each school year thereafter, the bill would require
each pupil completing grade 12 to successfully complete the exit
examination as a condition of receiving a diploma of graduation,
thereby imposing a state-mandated local program. The bill would
require the State Board of Education, in consultation with the
Superintendent of Public Instruction, to study the appropriateness of
other criteria by which pupils may demonstrate their competency and
receive a diploma.
This bill would impose a state-mandated local program by requiring
that the exit examination be offered in each public school and state
special school that provides instruction in grade 9, 10, 11, or 12
on the dates designated by the Superintendent of Public Instruction,
requiring that the results of the examination be returned to each
pupil taking the test within 8 weeks of the administration of the
exit examination, and requiring provision of supplemental instruction
to any pupil who does not demonstrate sufficient progress toward
passing of the examination.
This bill would, notwithstanding any other provision of law,
require a school district to use regularly available resources,
general funds appropriated for after school programs, the Student
Academic Partnership Program, funds appropriated to prevent social
promotion, and funds for other similar supplemental remedial programs
to prepare pupils to succeed on the exit examination. To the extent
this would permit expenditure of existing funds for purposes not
currently authorized, it would make an appropriation.
This bill would appropriate $2,000,000 from the Federal Trust
Fund, from GOALS 2000 funds, to the Superintendent of Public
Instruction for the purpose of developing the exit examination. The
bill would also appropriate $250,000 from the General Fund to the
Superintendent of Public Instruction to provide support services
therefor.
(4) Existing law requires, at the beginning of the first semester
or quarter of the regular school term, the governing board of each
school district to notify the parent or guardian of its minor pupils
regarding the right or responsibility of the parent or guardian under
certain provisions of law.
This bill would additionally require that notice to include notice
that, commencing in the 2003-04 school year, and each school year
thereafter, each pupil completing the 12th grade will be required to
successfully pass the high school exit examination, and would be
required to include, at a minimum, the date of the examination, the
requirements for passing the examination, and the consequences of not
passing the examination and to inform parents and guardians that
passing the examination is a condition of graduation, thereby
imposing a state-mandated local program.
(5) 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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both of the
following:
(a) Local proficiency standards established pursuant to Section
51215 of the Education Code are generally set below a high school
level and are not consistent with state adopted academic content
standards.
(b) In order to significantly improve pupil achievement in high
school and to ensure that pupils who graduate from high school can
demonstrate grade level competency in reading, writing, and
mathematics, the state must set higher standards for high school
graduation.
SEC. 2. Section 37252 of the Education Code is amended to read:
37252. (a) The governing board of each district maintaining any
or all of grades 7 to 12, inclusive, shall offer summer school
instructional programs, using the amount computed pursuant to Section
42239, for pupils enrolled in grades 7 to 12, inclusive, who do not
demonstrate sufficient progress toward passing the exit examination
required for high school graduation pursuant to Chapter 8 (commencing
with Section 60850) of Part 33. Sufficient progress shall be
determined on the basis of either of the following:
(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and
the minimum levels of proficiency recommended by the State Board of
Education pursuant to Section 60648.
(2) The pupils' grades and other indicators of academic
achievement designated by the district.
(b) The summer school programs shall also be offered to pupils who
were enrolled in grade 12 during the prior school year after the
completion of grade 12.
(c) (1) For purposes of this section a pupil shall be considered
to be enrolled in a grade immediately upon completion of the
preceding grade.
(2) For purposes of this section a school district offering a
year-round educational program may offer the summer school
instructional program authorized by this section during the
intersessions of the year-round education program.
(3) For the purposes of this section, pupils who do not possess
sufficient English language skills to be assessed as set forth in
Sections 60850 and 60853, shall be considered pupils who do not
demonstrate sufficient progress towards passing the exit examination
required for high school graduation and shall receive supplemental
instruction designed to assist the pupils succeed on the high school
exit examination.
SEC. 3. Section 48980 of the Education Code is amended to read:
48980. (a) At the beginning of the first semester or quarter of
the regular school term, the governing board of each school district
shall notify the parent or guardian of its minor pupils regarding the
right or responsibility of the parent or guardian under Sections
35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240,
and 51550 and Chapter 2.3 (commencing with Section 32255) of Part
19.
(b) The notification also shall advise the parent or guardian of
the availability of individualized instruction as prescribed by
Section 48206.3, and of the program prescribed by Article 9
(commencing with Section 49510) of Chapter 9.
(c) The notification shall also advise the parents and guardians
of all pupils attending a school within the district of the schedule
of minimum days and pupil-free staff development days, and if any
minimum or pupil-free staff development days are scheduled
thereafter, the governing board shall notify parents and guardians of
the affected pupils as early as possible, but not later than one
month before the scheduled minimum or pupil-free day.
(d) The notification also may advise the parent or guardian of the
importance of investing for future college or university education
for their children and of considering appropriate investment options
including, but not limited to, United States Savings Bonds.
(e) Commencing with the 2000-01 school year, and each school year
thereafter, the notification shall advise the parent or guardian of
the pupil that, commencing with the 2003-04 school year, and each
school year thereafter, each pupil completing 12th grade will be
required to successfully pass the high school exit examination
administered pursuant to Chapter 8 (commencing with Section 60850) of
Part 33. The notification shall include, at a minimum, the date of
the examination, the requirements for passing the examination, and
shall inform the parents and guardians regarding the consequences of
not passing the examination and shall inform parents and guardians
that passing the examination is a condition of graduation.
(f) Each school district that elects to provide a fingerprinting
program pursuant to Article 10 (commencing with Section 32390) shall
inform parents or guardians of the program as specified in Section
32390.
(g) Until July 1, 1998, the notification shall also advise the
parent or guardian of the availability of the employment-based school
attendance options pursuant to subdivision (f) of Section 48204.
(h) The notification shall also include a copy of the district's
written policy on sexual harassment established pursuant to Section
212.6, as it relates to pupils.
(i) Commencing July 1, 1998, the notification shall include a copy
of the written policy of the school district adopted pursuant to
Section 51870.5 regarding access by pupils to Internet and online
sites.
(j) The notification shall advise the parent or guardian of all
current statutory attendance options and local attendance options
available in the school district. That notification shall include
all options for meeting residency requirements for school attendance,
programmatic options offered within the local attendance areas, and
any special programmatic options available on both an interdistrict
and intradistrict basis. That notification shall also include a
description of all options, a description of the procedure for
application for alternative attendance areas or programs, an
application form from the district for requesting a change of
attendance, and a description of the appeals process available, if
any, for a parent or guardian denied a change of attendance. The
notification shall also include an explanation of the current
statutory attendance options including, but not limited to, those
available under Section 35160.5, Chapter 5 (commencing with Section
46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5
(commencing with Section 48209) of Chapter 2 of Part 27. The State
Department of Education shall produce this portion of the
notification and shall distribute it to all school districts.
(k) It is the intent of the Legislature that the governing board
of each school district annually review the enrollment options
available to the pupils within their districts and that the school
districts strive to make available enrollment options that meet the
diverse needs, potential, and interests of California's pupils.
(l) The notification shall advise the parent or guardian that no
pupil may have his or her grade reduced or lose academic credit for
any absence or absences excused pursuant to Section 48205 when missed
assignments and tests that can reasonably be provided are
satisfactorily completed within a reasonable period of time, and
shall include the full text of Section 48205.
SEC. 4. Article 2.5 (commencing with Section 51215) of Chapter 2
of Part 28 of the Education Code shall become inoperative on July 31,
1999, and as of January 1, 2000, is repealed.
SEC. 5. Chapter 8 (commencing with Section 60850) is added to Part
33 of the Education Code, to read:
CHAPTER 8. HIGH SCHOOL EXIT EXAMINATION
60850. (a) The Superintendent of Public Instruction, with the
approval of the State Board of Education, shall develop a high school
exit examination in language arts and mathematics in accordance with
the statewide academically rigorous content standards adopted by the
State Board of Education pursuant to Section 60605. To facilitate
the development of the examination, the superintendent shall review
any existing high school subject matter examinations that are linked
to, or can be aligned with, the statewide academically rigorous
content standards for language arts and mathematics adopted by the
State Board of Education. By October 1, 2000, the State Board of
Education shall adopt a high school exit examination that is aligned
with statewide academically rigorous content standards.
(b) The Superintendent of Public Instruction, with the approval of
the State Board of Education, shall establish a High School Exit
Examination Standards Panel to assist in the design and composition
of the exit examination and to ensure that the examination is aligned
with statewide academically rigorous content standards. Members of
the panel shall include, but are not limited to, teachers,
administrators, school board members, parents, and the general
public. Members of the panel shall serve without compensation for a
term of two years and shall be representative of the state's ethnic
and cultural diversity and gender balance. The Superintendent shall
also make the best effort to ensure representation of the state's
diversity relative to urban, suburban, and rural areas. The State
Department of Education shall provide staff to the panel.
(c) The Superintendent of Public Instruction shall require that
the examination be field tested before actual implementation to
ensure that the examination is free from bias and that its content is
valid and reliable.
(d) Before the State Board of Education adopts the exit
examination, the Superintendent of Public Instruction shall submit
the examination to the Statewide Pupil Assessment Review Panel
established pursuant to Section 60606. The panel shall review all
items or questions to ensure that the content of the examination
complies with the requirements of Section 60614.
(e) The exit examination prescribed in subdivision (a) shall
conform to the following standards or it shall not be required as a
condition of graduation:
(1) The examination may not be administered to a pupil who did not
receive adequate notice as provided for in paragraph (1) of
subdivision (f) regarding the test.
(2) The examination, regardless of federal financial
participation, shall comply with Title VI of the Civil Rights Act (42
U.S.C. Sec. 2000d et seq.), its implementing regulations (34 C.F.R.
Part 100), and the Equal Educational Opportunities Act of 1974 (20
U.S.C. Sec. 1701).
(3) The examination shall have instructional and curricular
validity.
(4) The examination shall be scored as a criterion referenced
examination.
(f) For purposes of this section, the following terms have the
following meanings:
(1) "Adequate notice" means that the pupil and his or her parent
or guardian have received written notice, at the commencement of the
pupil's 9th grade, and each year thereafter through the annual
notification process established pursuant to Section 48980, or if a
transfer pupil, at the time the pupil transfers. A pupil who has
taken the exit examination in the 10th grade is deemed to have had
"adequate notice" as defined in this paragraph.
(2) "Curricular validity" means that the examination tests for
content found in the instructional textbooks. For the purposes of
this section, any textbook or other instructional material adopted
pursuant to this code and consistent with the state's adopted
curriculum frameworks shall be deemed to satisfy this definition.
(3) "Instructional validity" means that the examination is
consistent with what is expected to be taught. For the purposes of
this section, instruction that is consistent with the state's adopted
curriculum frameworks for the subjects tested shall be deemed to
satisfy this definition.
(g) The examination shall be offered to individuals with
exceptional needs, as defined in Section 56026, in accordance with
paragraph (17) of subsection (a) of Section 1412 of Title 20 of the
United States Code and Section 794 and following of Title 29 of the
United States Code. Individuals with exceptional needs shall be
administered the examination with appropriate accommodations, where
necessary.
(h) Nothing in this chapter shall prohibit a school district from
requiring pupils to pass additional exit examinations approved by the
governing board of the school district as a condition for
graduation.
60851. (a) Commencing with the 2003-04 school year and each
school year thereafter, each pupil completing grade 12 shall
successfully pass the exit examination as a condition of receiving a
diploma of graduation or a condition of graduation from high school.
Funding for the administration of the exit examination shall be
provided for in the annual Budget Act. The Superintendent of Public
Instruction shall apportion funds appropriated for this purpose to
enable school districts to meet the requirements of subdivisions (a),
(b), and (c). The State Board of Education shall establish the
amount of funding to be apportioned per test administered, based on a
review of the cost per test.
(b) A pupil may take the high school exit examination in grade 9
beginning in the 2000-01 school year. Each pupil shall take the high
school exit examination in grade 10 beginning in the 2001-02 school
year and may take the examination during each subsequent
administration, until each section of the examination has been
passed.
(c) The exit examination shall be offered in each public school
and state special school that provides instruction in grades 10, 11,
or 12, on the dates designated by the Superintendent of Public
Instruction. An exit examination may not be administered on any date
other than those designated by the Superintendent of Public
Instruction as examination days or makeup days.
(d) The results of the exit examination shall be provided to each
pupil taking the examination within eight weeks of the examination
administration and in time for the pupil to take any section of the
examination not passed at the next administration. A pupil shall
take again only those parts of the examination he or she has not
previously passed and may not retake any portion of the exam that he
or she has previously passed.
(e) Supplemental instruction shall be provided to any pupil who
does not demonstrate sufficient progress toward passing the exit
examination. To the extent that school districts have aligned their
curriculum with the state academic content standards adopted by the
State Board of Education, the curriculum for supplemental instruction
shall reflect those standards and shall be designed to assist the
pupils to succeed on the exit examination. Nothing in this chapter
shall be construed to require the provision of supplemental services
using resources that are not regularly available to a school or
school district, including summer school instruction provided
pursuant to Section 37252. In no event shall any action taken as a
result of this subdivision cause or require reimbursement by the
Commission on State Mandates. Sufficient progress shall be
determined on the basis of either of the following:
(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and
the minimum levels of proficiency recommended by the State Board of
Education pursuant to Section 60648.
(2) The pupils' grades and other indicators of academic
achievement designated by the district.
60852. Notwithstanding Section 60851, if a school district
determines that a pupil does not possess sufficient English language
skills to be assessed pursuant to Section 60850, the district may
defer the requirement that the pupil pass the high school exit
examination for a period of up to 24 calendar months of enrollment in
the California public school system until the pupil has completed
six months of instruction in reading, writing, and comprehension in
the English language. Nothing in this section shall be construed to
allow any pupil to receive a diploma of graduation from high school
without passing the exit examination, in English, prescribed by
Section 60850.
60853. (a) In order to prepare pupils to succeed on the exit
examination, a school district shall use regularly available
resources and any available supplemental remedial resources,
including, but not limited to, funds available for programs
established by Chapter 320 of the Statutes of 1998, Chapter 811 of
the Statutes of 1997, Chapter 743 of the Statutes of 1998, and funds
available for other similar supplemental remedial programs.
(b) It is the intent of the Legislature that a school district
consider restructuring its academic offerings reducing the electives
available to any pupil who has not demonstrated the skills necessary
to succeed on the exit examination, so that the pupil can be provided
supplemental instruction during the regularly scheduled academic
year.
(c) A school district should prepare pupils to succeed on the exit
examination. In preparing pupils to succeed, school districts are
encouraged to use existing resources to ensure that all pupils
succeed. The state has created programs such as the Class Size
Reduction Program, staff development programs, after school programs,
and others, in addition to providing general purpose funding, in
order to assist school districts in providing an education that will
help all pupils succeed.
60855. (a) By January 15, 2000, the Superintendent of Public
Instruction shall contract for a multiyear independent evaluation of
the high school exit examination that is established pursuant to this
chapter. The evaluation shall be based upon information gathered in
field testing and annual administrations of the examination and
shall include all of the following:
(1) Analysis of pupil performance, broken down by grade level,
gender, race or ethnicity, and subject matter of the examination,
including any trends that become apparent over time.
(2) Analysis of the exit examination's effects, if any, on college
attendance, pupil retention, graduation, and dropout rates,
including analysis of these effects on the population subgroups
described in subdivision (b).
(3) Analysis of whether the exit examination is likely to have, or
has, differential effects, whether beneficial or detrimental, on
population subgroups described in subdivision (b).
(b) Evaluations conducted pursuant to this section shall
separately consider test results for each of the following population
subgroups, provided that information concerning individuals shall
not be gathered or disclosed in the process of preparing this
evaluation.
(1) English language learners and non-English language learners.
(2) Individuals with exceptional needs and individuals without
exceptional needs.
(3) Pupils that qualify for free or reduced price meals and are
enrolled in schools that qualify for assistance under Title 1 of the
Improving America's Schools Act of 1994 (P.L. 103-382) and pupils
that do not qualify for free or reduced price meals and are not
enrolled in schools that quality for assistance under Title 1 of the
Improving America's Schools Act of 1994 (P.L. 103-382) Act.
(4) Any group of pupils that has been determined by the
independent evaluator to be differentially affected by the exit
examination established pursuant to this chapter.
(c) Evaluation reports shall include recommendations to improve
the quality, fairness, validity, and reliability of the examination.
The independent evaluator may also make recommendations for
revisions in design, administration, scoring, processing, or use of
the examination.
(d) The independent evaluator shall report to the Governor, the
Office of the Legislative Analyst, the Superintendent of Public
Instruction, the State Board of Education, the Secretary for
Education, and the chairs of the education policy committees in both
houses of the Legislature, in accordance with the following schedule:
(1) Preliminary report on field testing by July 1, 2000.
(2) First annual report by February 1, 2002.
(3) Regular biennial reports by February 1 of even-numbered years
following 2002.
60856. After adoption and the initial administrations of the high
school exit examination the State Board of Education, in
consultation with the Superintendent of Public Instruction, shall
study the appropriateness of other criteria by which high school
pupils who are regarded as highly proficient but unable to pass the
high school exit examination may demonstrate their competency and
receive a high school diploma. This criteria shall include, but is
not limited to, an exemplary academic record as evidenced by
transcripts and alternative tests of equal rigor in the academic
areas covered by the high school exit examination. If the State
Board of Education determines that other criteria are appropriate and
do not undermine the intent of this chapter that all high school
graduates demonstrate satisfactory academic proficiency, the board
shall forward its recommendations to the Legislature for enactment.
SEC. 6. The sum of two million two hundred fifty thousand dollars
($2,250,000) is hereby appropriated to the Superintendent of Public
Instruction in accordance with the following schedule:
(a) The sum of two million dollars ($2,000,000) is hereby
appropriated from the Federal Trust Fund, from GOALS 2000 funds, for
the purpose of developing a high school exit examination pursuant to
Section 60850 of the Education Code.
(b) The sum of two hundred fifty thousand dollars ($250,000) is
hereby appropriated from the General Fund to provide support services
related to the high school exit examination established pursuant to
Section 60850 of the Education Code.
SEC. 7. Sections 1 and 2 of the act adding this section shall
become operative on January 1, 2000.
SEC. 8. 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.