SB 971,
as amended, begin deleteCannellaend delete begin insertHuffend insert. School finance: categorical programs.
Existing law establishes the public school system in this state, and, among other things, provides for the establishment of county superintendents of schools, school districts, and charter schools throughout the state and for the provision of instruction at the public elementary and secondary schools these local educational agencies maintain. Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified.
Existing law establishes various education programs under which funding is provided for specific educational purposes, which are commonly known as categorical programs, including, among many others, programs for community-based English tutoring, teacher training, and class size reduction. Existing law further authorizes local educational agencies to expend, for any local educational purpose, the funds previously required to be spent on specified categorical education programs.
This bill would repeal many provisions requiring, authorizing, or prescribing the elements of certain categorical education programs. The bill would make conforming changes, correct cross-references, and make other nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 315.5 of the Education Code is repealed.
Section 316.5 of the Education Code is repealed.
Section 317 of the Education Code is repealed.
Article 11 (commencing with Section 1830) of Chapter
56 of Part 2 of Division 1 of Title 1 of the Education Code is
6repealed.
Section 1982.3 of the Education Code is repealed.
Section 1982.5 of the Education Code is repealed.
Section 1983.5 of the Education Code is repealed.
Chapter 13 (commencing with Section 11200) of Part
117 of Division 1 of Title 1 of the Education Code is repealed.
Chapter 17 (commencing with Section 11600) of Part
137 of Division 1 of Title 1 of the Education Code is repealed.
Section 17199.4 of the Education Code is amended
15to read:
(a) Notwithstanding any other law, any participating
17party, in connection with securing financing or refinancing of
18projects, or working capital pursuant to this chapter, may elect to
19guarantee or provide for payment of the bonds and related
20obligations in accordance with the following conditions:
21(1) If a participating party adopts a resolution by a majority vote
22of its board to participate under this section, it shall provide notice
23to the Controller of that election. The notice shall include a
24schedule for the repayment of principal and interest on the bonds,
25and any other costs necessary or incidental to financing pursuant
26to this chapter, and identify a trustee appointed by the participating
27party or the authority for purposes of this section. If payment of
28
all or a portion of the principal and interest on the bond is secured
29by a letter of credit or other instrument of direct payment, the
30notice may provide for reimbursements to the provider of the
31instrument in lieu of payment of that portion of the principal and
P4 1interest of the bonds. The notice shall be provided not later than
2the date of issuance of the bonds or 60 days before the next
3payment, whichever date is later. The participating party shall
4update the notice at least annually if there is a change in the
5required payment for any reason, including, but not limited to,
6providing for new or increased costs necessary or incidental to the
7financing.
8(2) If, for any reason, the participating party will not make a
9payment at the time the payment is required, the participating party
10shall notify the trustee of that fact and of the amount of the
11deficiency. If the trustee receives this notice from the participating
12party, or does not receive
any payment by the date that payment
13becomes due, the trustee shall immediately communicate that
14information to the Controller.
15(3) Upon receipt of the notice required by paragraph (2), the
16Controller shall make an apportionment to the trustee on the date
17shown in the schedule in the amount of the deficiency for the
18purpose of making the required payment. The Controller shall
19make that apportionment only from moneys designated for
20apportionment to a participating party, provided that such moneys
21are from one or more of the following:
22(A) Any funding apportioned for purposes of revenue limits or
23the local control funding formula pursuant to Section 42238.02,
24as implemented by Section 42238.03, to a school district or county
25office of education without regard to the specific funding source
26of the apportionment.
27(B) Any
funding apportioned for purposes of the charter school
28block grant or the local control funding formula pursuant to Section
2942238.02, as implemented by Section 42238.03, to a charter school
30without regard to the specific funding source of the apportionment.
31(4) As an alternative to the procedures set forth in paragraphs
32(2) and (3), the participating party may provide a transfer schedule
33in its notice to the Controller of its election to participate under
34this section. The transfer schedule shall set forth amounts to be
35transferred to the trustee and the date for the transfers. The
36Controller, subject to the limitation in paragraph (3), shall make
37apportionments to the trustee of those amounts on the specified
38date for the purpose of making those transfers. The authority may
39require a participating party to proceed under this subdivision.
P5 1(b) The amount
apportioned for a participating party pursuant
2to this section shall be deemed to be an allocation to the
3participating party and shall be included in the computation of
4allocation, limit, entitlement, or apportionment for the participating
5party.
6The participating party and its creditors do not have a claim to
7funds apportioned or anticipated to be apportioned to the trustee
8by the Controller pursuant to paragraph (3) and (4) of subdivision
9(a), or to the funds apportioned to by the Controller to the trustee
10under any other provision of this section.
11(c) (1) Participating parties that elect to participate under this
12section shall apply to the authority. The authority shall consider
13each of the following priorities in making funds available:
14(A) First priority shall be given to school districts, charter
15schools, or
county offices of education that apply for funding for
16instructional classroom space.
17(B) Second priority shall be given to school districts, charter
18schools, or county offices of education that apply for funding of
19modernization of instructional classroom space.
20(C) Third priority shall be given to all other eligible costs, as
21defined in Section 17173.
22(2) The authority shall prioritize applications at appropriate
23intervals.
24(3) A school district electing to participate under this section
25that has applied for revenue bond moneys for purposes of joint
26venture school facilities construction projects, pursuant to Article
275 (commencing with Section 17060) of Chapter 12, shall not be
28subject to the priorities set forth in paragraph (1).
29(d) This section shall not be construed to make the State of
30California liable for any payments within the meaning of Section
311 of Article XVI of the California Constitution or otherwise, except
32as expressly provided in this section.
33(e) A school district that has a qualified or negative certification
34pursuant to Section 42131, or a county office of education that has
35a qualified or negative certification pursuant to Section 1240, may
36not participate under this section.
Section 17584.3 of the Education Code is repealed.
Section 17586 of the Education Code is repealed.
Section 17588 of the Education Code is repealed.
Section 17592 of the Education Code is repealed.
Section 17592.74 of the Education Code is amended
2to read:
Notwithstanding any other law, the funds provided
4to school districts from the School Facilities Emergency Repair
5Account pursuant to this article for the purpose of emergency repair
6grants shall not be deposited into a school district deferred
7maintenance fund for purposes established pursuant to Section
817582.
Section 32282 of the Education Code is amended to
10read:
(a) The comprehensive school safety plan shall include,
12but not be limited to, both of the following:
13(1) Assessing the current status of school crime committed on
14school campuses and at school-related functions.
15(2) Identifying appropriate strategies and programs that will
16provide or maintain a high level of school safety and address the
17school’s procedures for complying with existing laws related to
18school safety, which shall include the development of all of the
19following:
20(A) Child abuse reporting procedures consistent with Article
212.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
22Part 4 of the Penal Code.
23(B) Disaster procedures, routine and emergency, including
24adaptations for pupils with disabilities in accordance with the
25federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
2612101 et seq.). The disaster procedures shall also include, but not
27be limited to, both of the following:
28(i) Establishing an earthquake emergency procedure system in
29every public school building having an occupant capacity of 50
30or more pupils or more than one classroom. A school district or
31county office of education may work with the Office of Emergency
32Services and the Seismic Safety Commission to develop and
33establish the earthquake emergency procedure system. The system
34shall include, but not be limited to, all of the following:
35(I) A school building disaster plan, ready for implementation
36at any time, for maintaining the safety
and care of pupils and staff.
37(II) A drop procedure whereby each pupil and staff member
38takes cover under a table or desk, dropping to his or her knees,
39with the head protected by the arms, and the back to the windows.
40A drop procedure practice shall be held at least once each school
P7 1quarter in elementary schools and at least once a semester in
2secondary schools.
3(III) Protective measures to be taken before, during, and
4following an earthquake.
5(IV) A program to ensure that pupils and both the certificated
6and classified staff are aware of, and properly trained in, the
7earthquake emergency procedure system.
8(ii) Establishing a procedure to allow a public agency, including
9the American Red Cross, to use school buildings, grounds, and
10equipment for mass
care and welfare shelters during disasters or
11other emergencies affecting the public health and welfare. The
12school district or county office of education shall cooperate with
13the public agency in furnishing and maintaining the services as
14the school district or county office of education may deem
15necessary to meet the needs of the community.
16(C) Policies pursuant to subdivision (d) of Section 48915 for
17pupils who committed an act listed in subdivision (c) of Section
1848915 and other school-designated serious acts which would lead
19to suspension, expulsion, or mandatory expulsion recommendations
20pursuant to Article 1 (commencing with Section 48900) of Chapter
216 of Part 27 of Division 4 of Title 2.
22(D) Procedures to notify teachers of dangerous pupils pursuant
23to Section 49079.
24(E) A discrimination and harassment policy
consistent with the
25prohibition against discrimination contained in Chapter 2
26(commencing with Section 200) of Part 1.
27(F) The provisions of any schoolwide dress code, pursuant to
28Section 35183, that prohibits pupils from wearing “gang-related
29apparel,” if the school has adopted that type of a dress code. For
30those purposes, the comprehensive school safety plan shall define
31“gang-related apparel.” The definition shall be limited to apparel
32that, if worn or displayed on a school campus, reasonably could
33be determined to threaten the health and safety of the school
34environment. Any schoolwide dress code established pursuant to
35this section and Section 35183 shall be enforced on the school
36campus and at any school-sponsored activity by the principal of
37the school or the person designated by the principal. For purposes
38of this paragraph, “gang-related apparel” shall not be considered
39a protected form of speech pursuant to Section 48950.
P8 1(G) Procedures for safe ingress and egress of pupils, parents,
2and school employees to and from school.
3(H) A safe and orderly environment conducive to learning at
4the school.
5(I) The rules and procedures on school discipline adopted
6pursuant to Sections 35291 and 35291.5.
7(b) It is the intent of the Legislature that schools develop
8comprehensive school safety plans using existing resources,
9including the materials and services of the partnership, pursuant
10to this chapter. It is also the intent of the Legislature that schools
11use the handbook developed and distributed by the School/Law
12Enforcement Partnership Program entitled “Safe Schools: A
13Planning Guide for Action” in conjunction with developing their
14plan for school safety.
15(c) Each schoolsite council or school safety planning committee
16in developing and updating a comprehensive school safety plan
17shall, where practical, consult, cooperate, and coordinate with
18other schoolsite councils or school safety planning committees.
19(d) The comprehensive school safety plan may be evaluated
20and amended, as needed, by the school safety planning committee,
21but shall be evaluated at least once a year, to ensure that the
22comprehensive school safety plan is properly implemented. An
23updated file of all safety-related plans and materials shall be readily
24available for inspection by the public.
25(e) As comprehensive school safety plans are reviewed and
26updated, the Legislature encourages all plans, to the extent that
27resources are available, to include policies and procedures aimed
28at the prevention of
bullying.
29(f) The comprehensive school safety plan, as written and updated
30by the schoolsite council or school safety planning committee,
31shall be submitted for approval under subdivision (a) of Section
3232288.
Section 32285 of the Education Code is repealed.
Section 35292.5 of the Education Code is amended
35to read:
(a) Every public and private school maintaining any
37combination of classes from kindergarten to grade 12, inclusive,
38shall comply with all of the following:
P9 1(1) Every restroom shall at all times be maintained and cleaned
2regularly, fully operational and stocked at all times with toilet
3paper, soap, and paper towels or functional hand dryers.
4(2) The school shall keep all restrooms open during school hours
5when pupils are not in classes, and shall keep a sufficient number
6of restrooms open during school hours when pupils are in classes.
7(b) Notwithstanding subdivision (a), a school may temporarily
8
close a restroom as necessary for pupil safety or as necessary to
9repair the facility.
Chapter 2.5 (commencing with Section 37300) of
11Part 22 of Division 3 of Title 2 of the Education Code is repealed.
Section 41003.3 of the Education Code is amended
13to read:
(a) Consistent with the provisions of Article 4
15(commencing with Section 17455) of Chapter 4 of Part 10.5 of
16Division 1 of Title 1, from July 1, 2008, to June 30, 2010, inclusive,
17the Dixon Unified School District may sell surplus real property
18previously used as the school farm on Sievers Road, located five
19miles outside of the city and which is not feasible for future school
20construction, together with any personal property located thereon,
21purchased entirely with local funds. The proceeds of the sale shall
22be deposited into the general fund of the school district in order
23to reestablish a 3-percent reserve. The remainder of the proceeds
24from the sale of the property that are not used to reestablish the
253-percent reserve shall be deposited into the capital outlay fund
26of the school district.
27(b) In order to expend funds pursuant to subdivision (a), the
28school district shall meet all of the following conditions:
29(1) The school district shall not be eligible for new construction
30funding for 10 years from the date that funds are deposited into
31the general fund of the school district pursuant to subdivision (a),
32except that the school district may apply for new construction
33funds if both of the following conditions are met:
34(A) At least five years have elapsed since the date upon which
35the sale was executed pursuant to subdivision (a).
36(B) The State Allocation Board determines that the school
37district has demonstrated enrollment growth or a need for additional
38sites or building construction that the school district could not have
39easily
anticipated at the time the sale was executed pursuant to
40subdivision (a).
P10 1(2) The governing board of the school district shall complete a
2governance training program focusing on fiscal management
3provided by the County Office Fiscal Crisis and Management
4Assistance Team.
5(3) Any remaining funds from the sale of the property shall be
6exhausted for capital outlay purposes before a request for
7modernization funding.
8(4) Notwithstanding any other law, the Dixon Unified School
9District, from July 1, 2008, to June 30, 2010, inclusive, shall not
10be eligible to receive financial hardship assistance pursuant to
11Article 8 (commencing with Section 17075.10) of Chapter 12.5
12of Part 10 of Division 1 of Title 1.
13(5) The governing board of the school district shall
certify all
14of the following to the State Allocation Board:
15(A) The school district has no major deferred maintenance
16requirements that cannot be completed with existing capital outlay
17resources.
18(B) The sale of the real property pursuant to this section does
19not violate any provisions of a local general obligation bond act.
20(C) The real property sold pursuant to this section is not suitable
21to meet any projected school construction need for the next 10
22years.
23(6) Before exercising the authority granted by this section, the
24governing board of the school district, at a regularly scheduled
25meeting, shall present a plan for expending one-time resources
26pursuant to this section. The plan shall identify the source and use
27of the funds, and describe how the
proposed use of funds, in
28combination with budget reductions, will address the school
29district’s deficit spending and restore the ongoing fiscal solvency
30of the school district.
31(7) No later than 10 years after the date of the sale of surplus
32property pursuant to subdivision (a), the school district shall deposit
33into its capital outlay fund an amount equal to the amount of the
34proceeds from the sale of the property that is deposited into the
35school district’s general fund as needed to establish the 3-percent
36reserve in accordance with subdivision (a).
37(c) This section shall remain in effect only until January 1, 2021,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2021, deletes or extends that date.
Article 1 (commencing with Section 41500) of
2Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
3Code is repealed.
Article 2 (commencing with Section 41505) of
5Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
6Code is repealed.
Article 3 (commencing with Section 41510) of
8Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
9Code is repealed.
Article 4 (commencing with Section 41520) of
11Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
12Code is repealed.
Article 5 (commencing with Section 41530) of
14Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
15Code is repealed.
Article 7 (commencing with Section 41570) of
17Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
18Code is repealed.
Article 13 (commencing with Section 41920) of
20Chapter 5 of Part 24 of Division 3 of Title 2 of the Education Code
21 is repealed.
Article 5 (commencing with Section 44520) of
23Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
24 is repealed.
Article 6 (commencing with Section 44560) of
26Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
27 is repealed.
Article 8 (commencing with Section 44580) of
29Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
30 is repealed.
Article 10 (commencing with Section 44630) of
32Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
33 is repealed.
Article 10.6 (commencing with Section 44650) of
35Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
36 is repealed.
Chapter 3.3 (commencing with Section 44700) of
38Part 25 of Division 3 of Title 2 of the Education Code is repealed.
Chapter 3.33 (commencing with Section 44720) of
40Part 25 of Division 3 of Title 2 of the Education Code is repealed.
Chapter 3.36 (commencing with Section 44735) of
2Part 25 of Division 3 of Title 2 of the Education Code is repealed.
Chapter 3.45 (commencing with Section 44755) of
4Part 25 of Division 3 of Title 2 of the Education Code is repealed.
Section 46306 of the Education Code is repealed.
Section 47613.1 of the Education Code is amended
7to read:
The Superintendent shall make both of the following
9apportionments on behalf of a charter school in a school district
10in which all schools have been converted to charter schools
11pursuant to Section 47606:
12(a) For each pupil enrolled in the charter school who is entitled
13to special education services, the state and federal funds for special
14education services for that pupil that would have been apportioned
15for that pupil to the school district to which the charter petition
16was submitted.
17(b) Funds for the programs described in Sections 63000 and
1864000, to the extent that any pupil enrolled in the charter school
19is eligible to participate.
Section 47613.2 of the Education Code is repealed.
Section 47634.1 of the Education Code, as added by
22Section 24 of Chapter 2 of the Fourth Extraordinary Session of
23the Statutes of 2009, is repealed.
Section 47650 of the Education Code is amended to
25read:
A charter school shall be deemed to be a school district
27for purposes of determining the manner in which warrants are
28drawn on the State School Fund pursuant to Section 14041. For
29purposes of Section 14041, a charter school’s “total amount
30certified” means the state aid portion of the charter school’s total
31local control funding formula allocation pursuant to Section
3242238.02, as implemented by Section 42238.03.
Section 47651 of the Education Code is amended to
34read:
(a) A charter school may receive the state aid portion
36of the charter school’s total local control funding formula allocation
37pursuant to Section 42238.02, as implemented by Section 42238.03,
38directly or through the local educational agency that either grants
39its charter or was designated by the state board.
P13 1(1) In the case of a charter school that elects to receive its
2funding directly, the warrant shall be drawn in favor of the county
3superintendent of schools of the county in which the local
4educational agency that approved the charter or was designated
5by the state board as the oversight agency pursuant to paragraph
6(1) of subdivision (k) of Section 47605 is located, for deposit to
7the appropriate funds or accounts of the
charter school in the county
8treasury. The county superintendent of schools is authorized to
9establish appropriate funds or accounts in the county treasury for
10each charter school.
11(2) In the case of a charter school that does not elect to receive
12its funding directly pursuant to this section, the warrant shall be
13drawn in favor of the county superintendent of schools of the
14county in which the local educational agency that granted the
15charter is located or was designated the oversight agency by the
16state board pursuant to paragraph (1) of subdivision (k) of Section
1747605, for deposit to the appropriate funds or accounts of the local
18educational agency.
19(3) In the case of a charter school, the charter of which was
20granted by the state board, but for which the state board has not
21delegated oversight responsibilities pursuant to paragraph (1) of
22subdivision (k) of Section 47605, the
warrant shall be drawn in
23favor of the county superintendent of schools in the county where
24the local educational agency is located that initially denied the
25charter that was later approved by the state board. The county
26superintendent of schools is authorized to establish appropriate
27funds or accounts in the county treasury for each charter school.
28(b) On or before June 1 of each year, a charter school electing
29to receive its funding directly shall so notify the county
30superintendent of schools of the county in which the local
31educational agency that granted the charter is located or, in the
32case of charters for which the state board has designated an
33oversight agency pursuant to paragraph (1) of subdivision (k) of
34Section 47605, the county superintendent of schools of the county
35in which the designated oversight agency is located. An election
36to receive funding directly shall apply to all funding that the charter
37school is eligible to receive
including, but not limited to, the local
38control funding formula allocation pursuant to Section 42238.02,
39as implemented by Section 42238.03, other state and federal
40categorical aid, and lottery funds.
Section 48660 of the Education Code is amended to
2read:
The governing board of a school district may establish
4one or more community day schools for pupils who meet one or
5more of the conditions described in subdivision (b) of Section
648662. A community day school may serve pupils in any of
7kindergarten and grades 1 to 6, inclusive, or any of grades 7 to 12,
8inclusive, or the same or lesser included range of grades as may
9be found in an individual middle or junior high school operated
10by the school district. If a school district is organized as a school
11district that serves kindergarten and grades 1 to 8, inclusive, but
12no higher grades, the governing board of the school district may
13establish a community day school for any kindergarten and grades
141 to 8, inclusive, upon a two-thirds vote of the governing board of
15the school district. It is the intent of the
Legislature, that to the
16extent possible, the governing board of a school district operating
17a community day school for any of kindergarten and grades 1 to
188, inclusive, separate younger pupils from older pupils within that
19community day school.
Section 48660.2 of the Education Code is repealed.
Section 48663 of the Education Code is repealed.
Section 48664 of the Education Code is repealed.
Chapter 6.8 (commencing with Section 52080) of
24Part 28 of Division 4 of Title 2 of the Education Code is repealed.
Chapter 6.9 (commencing with Section 52100) of
26Part 28 of Division 4 of Title 2 of the Education Code is repealed.
Chapter 6.10 (commencing with Section 52120) of
28Part 28 of Division 4 of Title 2 of the Education Code is repealed.
Chapter 8 (commencing with Section 52200) of Part
3028 of Division 4 of Title 2 of the Education Code is repealed.
Chapter 8.5 (commencing with Section 52250) of
32Part 28 of Division 4 of Title 2 of the Education Code is repealed.
Chapter 8.6 (commencing with Section 52270) of
34Part 28 of Division 4 of Title 2 of the Education Code is repealed.
Article 4.5 (commencing with Section 52378) of
36Chapter 9 of Part 28 of Division 4 of Title 2 of the Education Code
37 is repealed.
Article 5 (commencing with Section 52381) of
39Chapter 9 of Part 28 of Division 4 of Title 2 of the Education Code
40 is repealed.
Article 8 (commencing with Section 52480) of
2Chapter 9 of Part 28 of Division 4 of Title 2 of the Education Code
3 is repealed.
Article 4 (commencing with Section 52750) of
5Chapter 11 of Part 28 of Division 4 of Title 2 of the Education
6Code is repealed.
Article 1 (commencing with Section 52800) of
8Chapter 12 of Part 28 of Division 4 of Title 2 of the Education
9Code is repealed.
Chapter 12.5 (commencing with Section 52920) of
11Part 28 of Division 4 of Title 2 of the Education Code is repealed.
Chapter 2 (commencing with Section 54100) of Part
1329 of Division 4 of Title 2 of the Education Code is repealed.
Chapter 5 (commencing with Section 58700) of Part
1531 of Division 4 of Title 2 of the Education Code is repealed.
Article 3 (commencing with Section 60240) of
17Chapter 2 of Part 33 of Division 4 of Title 2 of the Education Code
18 is repealed.
Article 7 (commencing with Section 60350) of
20Chapter 2 of Part 33 of Division 4 of Title 2 of the Education Code
21 is repealed.
Chapter 4 (commencing with Section 60500) of Part
2333 of Division 4 of Title 2 of the Education Code is repealed.
Section 60851 of the Education Code is amended to
25read:
(a) Commencing with the 2003-04 school year and
27each school year thereafter, each pupil completing grade 12 shall
28successfully pass the high school exit examination as a condition
29of receiving a diploma of graduation or a condition of graduation
30from high school. Funding for the administration of the high school
31exit examination shall be provided for in the annual Budget Act.
32The Superintendent shall apportion funds appropriated for this
33purpose to enable school districts to meet the requirements of this
34subdivision and subdivisions (b), (c), and (d). The state board shall
35establish the amount of funding to be apportioned per test
36administered, based on a review of the cost per test.
37(b) Each pupil shall take the high school
exit examination in
38grade 10 beginning in the 2001-02 school year and may take the
39examination during each subsequent administration, until each
40section of the examination has been passed.
P16 1(c) (1) At the parent or guardian’s request, a school principal
2shall submit a request for a waiver of the requirement to
3successfully pass the high school exit examination to the governing
4board of the school district for a pupil with a disability who has
5taken the high school exit examination with modifications that
6alter what the test measures and has received the equivalent of a
7passing score on one or both subject matter parts of the high school
8exit examination. A governing board of a school district may waive
9the requirement to successfully pass one or both subject matter
10parts of the high school exit examination for a pupil with a
11disability if the principal certifies to the governing board of the
12school district that the pupil
has all of the following:
13(A) An individualized education program adopted pursuant to
14the federal Individuals with Disabilities Education Act (20 U.S.C.
15Sec. 1400 et seq.) or a plan adopted pursuant to Section 504 of the
16federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) in place
17that requires the accommodations or modifications to be provided
18to the pupil when taking the high school exit examination.
19(B) Sufficient high school level coursework either satisfactorily
20completed or in progress in a high school level curriculum
21sufficient to have attained the skills and knowledge otherwise
22needed to pass the high school exit examination.
23(C) An individual score report for the pupil showing that the
24pupil has received the equivalent of a passing score on the high
25school exit examination while using a
modification that
26fundamentally alters what the high school exit examination
27measures as determined by the state board.
28(2) A school district shall report to the state board, in a manner
29and by a date determined by the Superintendent, the number and
30characteristics of waivers reviewed, granted, and denied under this
31subdivision and any additional information determined to be in
32furtherance of this subdivision.
33(d) The high school exit examination shall be offered in each
34public school and state special school that provides instruction in
35grades 10, 11, or 12, on the dates designated by the Superintendent.
36An exit examination may not be administered on any date other
37than those designated by the Superintendent as examination days
38or makeup days.
39(e) The results of the high school exit examination shall be
40provided to
each pupil taking the examination within eight weeks
P17 1of the examination administration and in time for the pupil to take
2any section of the examination not passed at the next
3administration. A pupil shall take again only those parts of the
4examination he or she has not previously passed and may not retake
5any portion of the exit examination that he or she has previously
6passed.
7(f) Supplemental instruction shall be provided to any pupil who
8does not demonstrate sufficient progress toward passing the high
9school exit examination. To the extent that school districts have
10aligned their curriculum with the state academic content standards
11adopted by the state board, the curriculum for supplemental
12instruction shall reflect those standards and shall be designed to
13assist the pupils to succeed on the high school exit examination.
14This chapter does not require the provision of supplemental
15services using resources that are not regularly available to a
school
16or school district, including summer school instruction. In no event
17shall any action taken as a result of this subdivision cause or require
18reimbursement by the Commission on State Mandates. Sufficient
19progress shall be determined on the basis of either of the following:
20(1) The results of the assessments administered pursuant to
21Article 4 (commencing with Section 60640) of Chapter 5 and the
22minimum levels of proficiency recommended by the state board
23pursuant to Section 60648.
24(2) The grades of the pupil and other indicators of academic
25achievement designated by the school district.
O
97