BILL ANALYSIS �
SB 267
Page 1
Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 267 (Pavley) - As Amended: June 16, 2014
SENATE VOTE : Vote not relevant
SUBJECT : Pupil assessment: high school exit examination:
eligible pupils with disabilities
SUMMARY : Extends from July 1, 2015 to July 1, 2016 the time by
which 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
California high school exit examination (CAHSEE). Specifically,
this bill :
1) Changes the definition of "eligible pupil with a
disability" to mean a pupil who has an operative
individualized education program (IEP) or Section 504 plan
that indicates he or she has an anticipated graduation date
and is scheduled to receive a high school diploma on or
after July 1, 2016 (instead of July 1, 2015) and who will
satisfy all other state and local requirements for the
receipt of a high school diploma on or after July 1, 2016
(instead of July 1, 2015).
2) Changes the date on or after which 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 CAHSEE from
July 1, 2015 to July 1, 2016.
EXISTING LAW
1) Requires pupils to successfully pass the CAHSEE, in
addition to completing state and local graduation
requirements, as a condition of receiving a diploma of
graduation.
2) Permits, commencing July 1, 2105, an eligible pupil with
a disability to participate in the alternative means of
demonstrating the level of academic achievement in the
content standards required for passage of the CAHSEE; and
SB 267
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authorizes the State Board of Education (SBE) to extend
this date by up to one year.
3) Exempts an eligible pupil with a disability from the
CAHSEE if the school district in which that pupil is
enrolled is notified that he or she 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.
4) Defines "eligible pupil with a disability" to mean a
pupil who meets all of the following criteria:
a. The pupil has an IEP or Section 504 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;
b. The pupil has not passed the high school exit
examination;
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 July 1, 2015; and
d. The pupil has attempted to pass those sections
of CAHSEE not yet passed 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 IEP or Section 504 plan.
FISCAL EFFECT : Unknown
COMMENTS : The CAHSEE was established in 2000 and took effect
with the class of 2006. It assesses pupils in English-language
arts and mathematics and must be passed in order to receive a
high school diploma. In 2002 a lawsuit was filed that
challenged the CAHSEE as an invalid and discriminatory test for
pupils with disabilities (Crawford v. California Department of
Education, later designated as Kidd v. California Department of
Education). A settlement agreement was reached in 2005 that
exempted pupils with disabilities from having to meet the CAHSEE
requirement in the classes of 2006 and 2007. The agreement also
required the CDE to contract for a study of the issues involved,
and to specifically determine whether some group of students
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have learned the material being tested, but are unable to
demonstrate their mastery through the CAHSEE, despite the use of
permissible modifications and/or accommodations.
In response to the lawsuit, AB 2040 (Nunez, Chapter 666,
Statutes of 2008) established the option for an alternative
assessment for eligible pupils with disabilities, commencing
January 1, 2011. That date was changed to July 1, 2015 by AB
1705 (Silva, Chapter 192, Statutes of 2012). This bill changes
the date again to July 1, 2016. According to the author's
office, this change is needed, because an alternative assessment
will not be ready by July 1, 2015. This would be the third
deadline for the establishment of the alternative assessment.
The future of CAHSEE. Consistent with the changes currently
taking place with the implementation of the common core
standards and related assessments, the CDE is developing a
proposal for legislative consideration to replace the current
CAHSEE. The CDE indicates that a new exit exam would not go
into effect until 2017-18 at the earliest. Rather than develop
an alternative to an assessment that will be replaced in a few
years, it makes more sense to wait for the development of a new
exit exam and then develop an alternative to that. Because we
do not know when that will occur, staff recommends that the bill
be amended to delete the date certain and instead provide for
participation in an alternative assessment, subject to the same
requirements as in existing law, when one has been adopted by
the SBE and available for administration.
REGISTERED SUPPORT / OPPOSITION :
Support
None received
Opposition
None received
Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087