BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 1705
AUTHOR: Silva
AMENDED: April 26, 2012
FISCAL COMM: Yes HEARING DATE: June 20, 2012
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : High School Exit Exam: pupils with disabilities.
SUMMARY
This bill delays by two and a-half years the implementation
of alternative means of demonstrating the same level of
academic achievement as required for passage of the high
school exit exam, thereby extending the exemption from the
requirement that eligible pupils with disabilities pass the
high school exit exam as a condition of receiving a high
school diploma.
BACKGROUND
Current law:
1)Requires pupils to successfully pass the high school exit
exam (HSEE) as
a condition of receiving a diploma of graduation, in
addition to completing state and local graduation
requirements. (Education Code � 60851, 51225.3 and
51224.5)
2)Provides two options for eligible pupils with
disabilities to receive a
diploma without passing the HSEE:
a) Eligible pupils with a disability are exempt from
the requirement to
pass the HSEE until the State Board of Education
(SBE) determines that the alternative means by
which a pupil may demonstrate the same level of
academic achievement on the content standards
AB 1705
Page 2
required for passage of the HSEE are either not
feasible or that the alternative means are
implemented (once the SBE takes any action on
alternative means). (EC � 60852.3)
b) Upon the request of a parent of a pupil with a
disability, a school
principal must submit a request to the school
district governing board for a waiver of the
requirement to pass the HSEE. The pupil with a
disability must have taken the HSEE with
modifications (such as using a calculator or
having directions and answer options read aloud)
and achieved a score of at least 350 on one or
both sections of the HSEE. The governing board
may waive the HSEE requirement if the principal
certifies that the pupil has an active
individualized education program (IEP), met
certain coursework requirements and has a score
of at least 350 on the HSEE. (EC � 60851(c))
3) Defines "eligible pupil with a disability" as a
pupil who meets all of the
following criteria:
a) The pupil has an operative IEP or 504 plan that
indicates that the
pupil has an anticipated graduation date and is
scheduled to receive a high school diploma on or
after January 1, 2011.
b) The pupil has not passed the HSEE.
c) 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 January 1, 2011.
d) The pupil has attempted to pass one or both
sections of the HSEE;
not yet passed at least twice after grade 10,
including at least once during grade 12, with any
accommodations or modifications specified in the
AB 1705
Page 3
pupil's IEP or 504 plan. (EC � 60852.2)
4) Requires the SBE to convene a panel to make
recommendations to the
SBE and SPI, by October 1, 2009, regarding specific
options for alternative assessments or other means by
which eligible pupils with disabilities may
demonstrate that they have achieved the same level of
academic achievement required for passage of the HSEE.
The SBE was required to adopt regulations, if it
determines it is feasible to create alternative means
for pupils to demonstrate the same level of
achievement, by October 1, 2010. (EC � 60852.1)
5)Beginning January 1, 2011, authorizes an eligible pupil
with disabilities to
participate in the alternative means of demonstrating
the level of academic achievement in the content
standards required for passage of the HSEE. The SBE
is authorized to extend this date by up to two years
if it determines that an extension is necessary for
appropriate implementation. Pupils who successfully
demonstrate the same level of academic achievement
through one or more alternative means are deemed to
have satisfied the HSEE requirement. (EC� 60852.2(b)
and (c))
6)Allows a pupil with disabilities to continue to receive
special education and
related services through age 21 if he or she had an
individualized education program (IEP) prior to age 18
and has not yet completed his or
her prescribed course of study or has not met
proficiency standards or has not graduated from high
school with a diploma. (EC � 56026 (c)(4)).
The State Board of Education, on March 26, 2012, by
emergency regulation extended the beginning date of
the implementation of alternative means from January
1, 2012 to January 1, 2013.
ANALYSIS
This bill delays by two and a-half years the implementation
AB 1705
Page 4
of alternative means of demonstrating the same level of
academic achievement as required for passage of the high
school exit exam, thereby extending the exemption from the
requirement that eligible pupils with disabilities pass the
high school exit exam as a condition of receiving a high
school diploma. Specifically, this bill:
1) Extends, from January 1, 2011 to July 1, 2015, the
date when eligible pupils with a disability may
participate in the alternative means of demonstrating
the level of academic achievement in the content
standards required to pass the high school exit exam.
(While this extension appears to be for longer than
two and a-half years, the State Board of Education
adopted regulations establishing January 1, 2013 as
the implementation date of the alternative means,
therefore, this bill has the effect of extending the
exemption from January 1, 2013 to July 1, 2015.)
2) Reduces, from two years to one year, the length of
time that the State Board of Education (SBE) may
extend the implementation date of the alternative
means.
3) Extends to July 1, 2015, in the definition of eligible
pupil with a disability, the date by which the pupil
has or will have satisfied all state and local
graduation requirements and is scheduled to receive a
high school diploma.
STAFF COMMENTS
1) Need for the bill . According to the author, "While
the state has determined that it is feasible to create
alternative means for eligible students to satisfy the
CAHSEE requirement, it would be unlikely to complete
its studies and fully implement it by the dates set
forth in AB 2040 and it would be inefficient to do so
while also implementing a different set of standards
in the coming years that have been recently adopted."
2) Exemption and alternative means . Current law and
regulation exempt eligible pupils with a disability
AB 1705
Page 5
from the requirement to pass the high school exit exam
(HSEE) until January 1, 2013. The exemption is linked
to the alternative means for demonstrating achievement
of standards that are required to pass the HSEE. The
exemption expires once the alternative means is either
rejected or approved by the State Board of Education
(SBE). The SBE determined, in July 2010, that
alternative means are feasible but extended from
January 1, 2011 to January 1, 2013, through
regulation, the statutory implementation date of
alternative means. The California Department of
Education continues to caution that alternative means
are not implementable at this time due to a lack of
state resources, the transition to the common core
standards, the upcoming reauthorization of the state's
assessment system, and undeveloped second tier of
alternative means.
The action of the SBE determining that alternative means
are feasible, in conjunction with implementation dates
established in regulation, results in the expiration
of the exemption on January 1, 2013. Therefore,
eligible pupils with a disability in grade 12 in the
upcoming school year will be required to pass the HSEE
as a condition of receiving a high school diploma
(unless the pupil receives a local waiver (score of
350 with modifications) or can achieve certain scores
on the California Standards Test or California
Modified Assessment; see #3 below).
Alternative means is a two-tiered system consisting of both
a screening of alternative scale scores determined to
approximate a passing score on the HSEE (certain
scores on the California Standards Tests or California
Modified Assessment) and a collection of evidence
(work samples).
a) Tier I of the alternative means is a score
of 300 on the California Standards Test (CST) in
grade 10 English language arts, a score of 300 on
the Algebra I CST, a score of 350 on the
California Modified Assessment (CMA) in grade 10
English language arts, and a score of 350 on the
Algebra I CMA.
AB 1705
Page 6
b) Tier II is a collection of evidence (such as
work samples).
3) New streamlined waiver . Current law authorizes the
SBE to grant waivers that are necessary or beneficial
to the content and implementation of a pupil's IEP.
Based on this authority, the SBE recently adopted a
streamlined waiver policy to waive the HSEE graduation
requirement for eligible pupils with disabilities who
have not passed the HSEE but have demonstrated
competency by achieving a scale score (approximate to
a passing score on the HSEE) on the CST or CMA.
The streamlined waiver is essentially Tier I of the
alternative means. Implementation of Tier I of the
alternative means through a streamlined waiver
process, instead of truly through alternative means,
prevents the exemption from expiring until the
regulatory sunset of January 1, 2013. This bill
extends the sunset to July 1, 2015.
SUPPORT
Advisory Commission on Special Education
Association of California School Administrators
California County Superintendents Educational Services
Association
California School Boards Association
California State PTA
California Teachers Association
Los Angeles Unified School District
School for Integrated Academics and Technologies
Superintendent of Public Instruction
OPPOSITION
DJM Associates