BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 267
                                                                  Page  1


          SENATE THIRD READING
          SB 267 (Pavley)
          As Amended  July 1, 2014
          Majority vote 

           SENATE VOTE  :Vote not relevant  
           
           EDUCATION           5-0         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Buchanan, Ch�vez,         |Ayes:|Gatto, Bocanegra,         |
          |     |Gonzalez, Nazarian, Weber |     |Bradford,                 |
          |     |                          |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Holden,    |
          |     |                          |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Weber      |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Bigelow, Donnelly, Jones, |
          |     |                          |     |Linder, Wagner            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes 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 California high school exit examination (CAHSEE)  
          until the State Board of Education (SBE) implements an  
          alternative assessment.

           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 authorizes  
            the 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  








                                                                  SB 267
                                                                  Page  2


            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 individualized education program (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  :  According to the Assembly Appropriations  
          Committee, no additional General Fund/Proposition 98 costs to  
          school districts to comply with this measure.  School districts  
          have implemented the CAHSEE exemption process for eligible  
          pupils with disabilities since 2009.    

           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 California Department of Education (CDE) to  








                                                                  SB 267
                                                                  Page  3


          contract for a study of the issues involved, and to specifically  
          determine whether some group of students 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 (N��ez), 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.  

          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.  The alternative  
          assessment will go into effect after that.


           Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087 


                                                                FN: 0004444