Amended in Senate April 1, 2013

Senate Bill No. 512

Introduced by Senator Wyland

February 21, 2013

An act to amend begin delete Section 51005 end delete begin insert Sections 60850 and 60851 end insert of the Education Code, relating to pupil begin delete instruction end delete begin insert assessment end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 512, as amended, Wyland. begin delete Education programs: resources of fairs and youth leadership activities. end delete begin insert Pupil assessment: high school exit examination: United States history and government. end insert

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Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop a high school exit examination in English language arts and mathematics in accordance with state academic content standards. Existing law requires, commencing with the 2003-04 school year and each school year thereafter, each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Existing law requires that each pupil take the high school exit examination in grade 10 beginning in the 2001-02 school year and allows each pupil to take the examination during each subsequent administration, until each section of the examination has been passed.

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This bill would require the Superintendent, with the approval of the state board, to develop an additional section to be included in the high school exit examination that tests United States history and government in accordance with the statewide academically rigorous content standards for history-social science adopted by the state board, as specified. The bill would require the Superintendent to subject the United States history and government section to specified field testing and review requirements before adoption by the state board. The bill would require the state board, by January 1, 2016, to adopt a United States history and government section developed by the Superintendent for inclusion in the high school exit examination. The bill would require, commencing with the 2019-20 school year and each school year thereafter, each pupil completing grade 12, in addition to successfully passing the English language arts and mathematics sections of the high school exit examination, to successfully pass the United States history and government section adopted by the state board. The bill would require, commencing with the 2017-18 school year, each pupil to take the high school exit examination, including the United States history and government section, in grade 10 and would allow each pupil to take the examination during each subsequent administration, until each section of the examination has been passed. The bill would make conforming changes and other nonsubstantive changes.

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Existing law provides that the Legislature recognizes that all pupils need to be provided with opportunities to explore and make career choices and to seek appropriate instruction and training to support those choices. Existing law requires, in carrying out these provisions, the State Department of Education to annually encourage school districts to plan programs and activities which utilize the resources of fairs and youth leadership activities.

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This bill would make nonsubstantive changes to the latter provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 60850 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60850.  

(a) The Superintendent begin delete of Public Instruction end delete , with the
approval of the begin delete State Board of Education end delete begin insert state board end insert , shall develop
a high school exit examination in English language arts and
mathematics in accordance with the statewide academically
rigorous content standards adopted by the begin delete State Board of Education end delete
begin insert state board end insert pursuant to Section 60605. To facilitate the
development of the examination, the begin delete superintendent end delete begin insert Superintendent end insert
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 English language arts
and mathematics adopted by the begin delete State Board of Education end delete begin insert state
board end insert . By October 1, 2000, the begin delete State Board of Education end delete begin insert state
board end insert shall adopt a high school exit examination that is aligned
with statewide academically rigorous content standards.

begin insert

(b) The Superintendent, with the approval of the state board,
shall develop an additional section to be included in the high
school exit examination that tests United States history and
government in accordance with the statewide academically
rigorous content standards for history-social science adopted by
the state board pursuant to Section 60605. Before adoption by the
state board, the Superintendent shall subject the United States
history and government section to the field testing and review
requirements specified in subdivisions (d) and (e). By January 1,
2016, the state board shall adopt a United States history and
government section developed pursuant to this subdivision for
inclusion in the high school exit examination.

end insert begin delete

(b)

end delete

begin insert (c) end insert  The Superintendent begin delete of Public Instruction end delete , with the approval
of the begin delete State Board of Education end delete begin insert state board end insert , 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
begin delete superintendent end delete begin insert Superintendent end insert shall also make the best effort to
ensure representation of the state’s diversity relative to urban,
suburban, and rural areas. The begin delete State Department of Education end delete
begin insert department end insert shall provide staff to the panel.

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(c)

end delete

begin insert (d) end insert  The Superintendent begin delete of Public Instruction end delete 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.

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(d)

end delete

begin insert (e) end insert  Before the begin delete State Board of Education end delete begin insert state board end insert adopts the
exit examination, the Superintendent begin delete of Public Instruction end delete 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.

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(e)

end delete

begin insert (f) end insert  The exit examination prescribed in begin delete subdivision (a) end delete
begin insert subdivisions (a) and (b) end insert 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 begin delete (1) end delete
begin insert (2) end insert of subdivision begin delete (f) end delete begin insert (g) end insert 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.

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(f)

end delete

begin insert (g) end insert  For purposes of this section, the following terms have the
following meanings:

(1) “Accommodations” means any variation in the assessment
environment or process that does not fundamentally alter what the
test measures or affect the comparability of scores.
“Accommodations” may include variations in scheduling, setting,
aids, equipment, and presentation format.

(2) “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.

(3) “Curricular validity” means that the examination tests for
content found in the instructional textbooks. For begin delete the end delete 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.

(4) “Instructional validity” means that the examination is
consistent with what is expected to be taught. For begin delete the end delete 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.

(5) “Modification” means any variation in the assessment
environment or process that fundamentally alters what the test
measures or affects the comparability of scores.

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(g)

end delete

begin insert (h) end insert  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.

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(h)

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begin insert (i) end insert  Nothing in this chapter begin delete shall prohibit end delete begin insert prohibits end insert 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.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 60851 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

60851.  

(a) Commencing with the 2003-04 school year and
each school year thereafter, each pupil completing grade 12 shall
successfully pass the high school exit examination as a condition
of receiving a diploma of graduation or a condition of graduation
from high school. begin insert Commencing with the 2019-20 school year and
each school year thereafter, each pupil completing grade 12 shall,
in addition to successfully passing the English language arts and
mathematics sections of the high school exit examination,
successfully pass the United States history and government section
of the high school exit examination adopted by the state board
pursuant to subdivision (b) of Section 60850. end insert Funding for the
administration of the high school exit examination shall be
provided for in the annual Budget Act. The Superintendent shall
apportion funds appropriated for this purpose to enable school
districts to meet the requirements of this subdivision and
subdivisions (b), (c), and (d). The state board shall establish the
amount of funding to be apportioned per test administered, based
on a review of the cost per test.

(b) 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. begin insert Commencing with the
2017-18 school year, each pupil shall take the high school exit
examination, including the United States history and government
section adopted by the state board pursuant to subdivision (b) of
Section 60850, in grade 10 and may take the examination during
each subsequent administration, until each section of the
examination has been passed. end insert

(c) (1) At the parent or guardian’s request, a school principal
shall submit a request for a waiver of the requirement to
successfully pass the high school exit examination to the governing
board of the school district for a pupil with a disability who has
taken the high school exit examination with modifications that
alter what the test measures and has received the equivalent of a
passing score on one begin delete or both end delete begin insert , two, or all end insert subject matter parts of
the high school exit examination. A governing board of a school
district may waive the requirement to successfully pass one begin delete or
both end delete begin insert , two, or all end insert subject matter parts of the high school exit
examination for a pupil with a disability if the principal certifies
to the governing board of the school district that the pupil has all
of the following:

(A) An individualized education program adopted pursuant to
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.) or a plan adopted pursuant to Section 504 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) in place
that requires the accommodations or modifications to be provided
to the pupil when taking the high school exit examination.

(B) Sufficient high school level coursework either satisfactorily
completed or in progress in a high school level curriculum
sufficient to have attained the skills and knowledge otherwise
needed to pass the high school exit examination.

(C) An individual score report for the pupil showing that the
pupil has received the equivalent of a passing score on the high
school exit examination while using a modification that
fundamentally alters what the high school exit examination
measures as determined by the state board.

(2) A school district shall report to the state board, in a manner
and by a date determined by the Superintendent, the number and
characteristics of waivers reviewed, granted, and denied under this
subdivision and any additional information determined to be in
furtherance of this subdivision.

(d) The high school 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.
An exit examination may not be administered on any date other
than those designated by the Superintendent as examination days
or makeup days.

(e) The results of the high school 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 begin delete may end delete begin insert shall end insert
not retake any portion of the exit examination that he or she has
previously passed.

(f) Supplemental instruction shall be provided to any pupil who
does not demonstrate sufficient progress toward passing the high
school exit examination. To the extent that school districts have
aligned their curriculum with the state academic content standards
adopted by the state board, the curriculum for supplemental
instruction shall reflect those standards and shall be designed to
assist the pupils to succeed on the high school exit examination.
This chapter does not 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 begin delete recommended end delete begin insert adopted end insert
by the state board pursuant to Section 60648.

(2) The grades of the pupil and other indicators of academic
achievement designated by the school district.

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SECTION 1.  

Section 51005 of the Education Code is amended
to read:

51005.  

In order to carry out the intent of Section 51004, the
department shall annually encourage school districts to plan
programs and activities that use the resources of fairs and youth
leadership activities as an integral part of the vocational
instructional program and career decisionmaking.

end delete