Amended in Senate August 21, 2014

Amended in Senate March 20, 2014

Senate Bill No. 1006

Introduced by Senator Wyland

February 13, 2014

An act to amend Sections 51225.3, 60850, and 60851 of, and to add Section 51008.5 to, the Education Code, relating to school curriculum.

LEGISLATIVE COUNSEL’S DIGEST

SB 1006, as amended, Wyland. School curriculum: American history and government: high school graduation course requirements: high school exit examination.

Existing law requires the adopted course of study for grades 1 to 6, inclusive, and grades 7 to 12, inclusive, to include courses in the social sciences for the purpose of, among other things, providing pupils with a foundation for understanding the history, resources, development, and government of California and the United States of America.

This bill would require the Superintendent of Public Instruction and the State Board of Education to begin delete consider methods end delete begin insert devise a curriculum end insert for enhancing pupil knowledge begin delete of, and pride in, end delete begin insert of end insert our history and form of government and for increasing civic participation. The bill would begin delete set forth methods that end delete begin insert require end insert the Superintendent and the state board begin delete may consider to accomplish these goals, which include, among other things, developing new curriculum frameworks and, if necessary, standards, expanding the time and grades in which American history and government are studied, and requiring a basic understanding of United States history in order to graduate from high school. end delete begin insert to require that high school students demonstrate proficiency in their knowledge of our history, government, and legal system, as it developed over time and in comparison to the history, forms of government, and legal systems of other countries. end insert

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the successful passage of the high school exit examination and the completion of designated coursework in grades 9 to 12, inclusive. The coursework requirements include the completion of 3 courses, each course having a duration of one year, in social studies, including United States history and geography, world history, culture, and geography, a one-semester course in American government and civics, and a one-semester course in economics.

Commencing with the 2019-20 school year, this bill would increase this American government and civics course requirement to a one-year course. By increasing this course requirement to one year, the bill would impose additional duties on school districts and would impose a state-mandated local program.

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 as 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.

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, 2017, 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 2020-21 school year and each school year thereafter, each pupil completing grade 12 to, 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 2018-19 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.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin delete

SECTION 1.  

Section 51008.5 is added to the Education Code,
to read:

51008.5.  

(a) The Legislature finds and declares all of the
following:

(1) Over the last 20 years and more, high school pupils have
significantly less knowledge of American history and government
than previous generations.

(2) Pupils and young adults over this period know significantly
less about current events, and they subscribe at a significantly
lower rate to newspapers and news periodicals.

(3) Pupils and young adults have, over time, less faith and pride
in American government and its institutions.

(4) Pupils and young people vote at significantly lower rates
than their elders.

(b) The Superintendent and the state board shall consider
methods for accomplishing both of the following:

(1) Enhancing pupil knowledge of, and pride in, our history and
form of government.

(2) Increasing all levels of civic participation, from knowledge
of current events to regular voting in elections.

(c) To accomplish the goals set forth in subdivision (b), the
Superintendent and state board may consider the following
methods:

(1) Developing new curriculum frameworks and, if necessary,
standards that engage pupils in learning about American history
and government from oral histories to biographical sketches and
age-appropriate descriptions of heroic efforts on the part of
Americans to build our society and its institutions.

(2) Expanding the time devoted to the study of American history
and government and the grades in which that study is provided.

(3) Developing pride in American values, history, and
government through the comparative study of other cultures and
histories.

(4) Comparing the success of American society and government
in developing a society governed by the democratically devised
rule of law with societies that, although desiring to be so governed,
have struggled to reach this accomplishment.

(5) Incorporating into the curriculum, at age-appropriate levels,
the objective analysis of both historical and modern governmental
policies so that pupils may learn to understand the complexity of
many issues, to view those policies from different perspectives,
to consider evidence, and to reach their own conclusions.

(6) Comparing American and Western democracies and histories
of those in other regions of the world, and the role that American
democracy and society may play in modern history.

(7) Requiring basic understanding of United States history in
order to graduate from high school.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 51008.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 51008.5. end insert   

(a) The Legislature finds and declares all of the
following:

(1) It is essential to the future of American democracy that
students become educated to participate in our civic life as citizens
and informed voters.

(2) To further the goal of educating future citizens it is necessary
to provide a complete and meaningful civic education to all
students.

(3) Surveys show that high school and college graduates know
less about American history, government, and the legal system
than previous generations, and know little of current events.

(4) The 2010 National Assessment of Educational Progress
reported that only 24 percent of 12th grade students were at or
above proficiency in civics knowledge.

(5) In order to graduate, high school students should be
proficient in their knowledge of our history, government, and legal
system, as it developed over time and in comparison to the history,
forms of government, and legal systems of other countries.

(6) High school graduates should have familiarity with the
important issues that will affect their lives, and about which they
may vote.

(7) The decline in readership of newspapers and periodicals
has played a significant role in diminishing public knowledge of
issues critical to effective citizenship.

(8) In order to best understand important public issues, to ensure
an informed electorate, and to encourage widespread readership
of newspapers in order to maintain familiarity with these issues,
high school curriculum should include examination of the actions
of government so that students may learn to understand the
complexity of many issues, to view them from different perspectives,
to consider evidence, and to reach their own conclusions.

(9) The most effective means of encouraging informed citizens
to vote and otherwise participate in our democratic process is to
require broad knowledge of public issues.

(b) The Superintendent and the state board shall consider
methods for accomplishing both of the following:

(1) Enhanced pupil knowledge of our history, form of
government, and legal system compared to that of other nations.

(2) Increased levels of civic participation, from knowledge of
current events to regular voting in elections.

(c) (1) To accomplish the goals set forth in subdivision (b), the
Superintendent and state board shall devise a curriculum that
addresses the issues and problems young voters and citizens will
face and the outcomes of which may have a significant effect on
their lives.

(2) The curriculum shall include, but shall not be limited to, the
following broad topics:

(A) The role of free market economies, job creation and growth,
poverty and its consequences, prosperity and its consequences,
and global economic effects on investment and job creation.

(B) The impact of the decline in manufacturing in the United
States, and which policies may be appropriate to address that
decline.

(C) The role of taxation both of companies and individuals in
addressing poverty, job creation, and prosperity.

(D) The role of regulation in furthering common good or
hindering investment and job creation.

(E) The role of education in job attainment, individual economic
success, and global competitiveness, and which policies may help
or hinder in reaching broad educational goals.

(F) The history of social security and Medicare in providing
benefits for older Americans, the challenges of funding these
programs, and policies that further or hinder the programs’
viability.

(G) Use of natural resources, such as water and minerals, in a
world of expanding population and need.

(H) The role of roads, highways, inner-city mass transit, and
high-speed rail in our economy.

(I) Energy policies and the role of economic development and
climate change.

(J) The role of American foreign policy and security policy.

(K) The government’s desire to protect Americans through
access to information necessary for national security versus
protection of privacy rights for Americans.

(L) Immigration policy.

(M) The proper role of our armed forces in furthering American
national security and interests.

(N) International relations, the nature of threats to American
security, and how those threats may be interpreted and addressed.

(O) The need for, and role of, American military action in other
regions, for security or humanitarian purposes.

(d) The Superintendent and state board shall require that high
school students demonstrate proficiency in their knowledge of our
history, government, and legal system, as it developed over time
and in comparison to the history, forms of government, and legal
systems of other countries.

end insert

SEC. 2.  

Section 51225.3 of the Education Code, as amended
by Section 2 of Chapter 324 of the Statutes of 2013, is amended
to read:

51225.3.  

(a) A pupil shall complete all of the following while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:

(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:

(A) Three courses in English.

(B) Two courses in mathematics.

(C) Two courses in science, including biological and physical
sciences.

(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics until the
end of the 2018-19 school year; commencing with the 2019-20
school year, a course in American government and civics; and a
one-semester course in economics.

(E) One course in visual or performing arts, foreign language,
or, commencing with the 2012-13 school year, career technical
education.

(i) For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be
deemed a course in foreign language.

(ii) For purposes of this subparagraph, “a course in career
technical education” means a course in a district-operated career
technical education program that is aligned to the career technical
model curriculum standards and framework adopted by the state
board, including courses through a regional occupational center
or program operated by a county superintendent of schools or
pursuant to a joint powers agreement.

(iii) This subparagraph does not require a school or school
district that currently does not offer career technical education
courses to start new career technical education programs for
purposes of this section.

(iv) If a school district or county office of education elects to
allow a career technical education course to satisfy the requirement
imposed by this subparagraph, the governing board of the school
district or county office of education, before offering that
alternative to pupils, shall notify parents, teachers, pupils, and the
public at a regularly scheduled meeting of the governing board of
all of the following:

(I) The intent to offer career technical education courses to fulfill
the graduation requirement specified in this subparagraph.

(II) The impact that offering career technical education courses,
pursuant to this subparagraph, will have on the availability of
courses that meet the eligibility requirements for admission to the
California State University and the University of California, and
whether the career technical education courses to be offered
pursuant to this subparagraph are approved to satisfy those
eligibility requirements. If a school district elects to allow a career
technical education course to satisfy the requirement imposed by
this subparagraph, the school district shall comply with subdivision
(m) of Section 48980.

(III) The distinction, if any, between the high school graduation
requirements of the school district or county office of education,
and the eligibility requirements for admission to the California
State University and the University of California.

(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.

(2) Other coursework requirements adopted by the governing
board of the school district.

(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience,
career technical education classes offered in high schools, courses
offered by regional occupational centers or programs,
interdisciplinary study, independent study, and credit earned at a
postsecondary educational institution. Requirements for graduation
and specified alternative modes for completing the prescribed
course of study shall be made available to pupils, parents, and the
public.

(c) On or before July 1, 2017, the department shall submit a
comprehensive report to the appropriate policy committees of the
Legislature on the addition of career technical education courses
to satisfy the requirement specified in subparagraph (E) of
paragraph (1) of subdivision (a), including, but not limited to, the
following information:

(1) A comparison of the pupil enrollment in career technical
education courses, foreign language courses, and visual and
performing arts courses for the 2005-06 to 2011-12 school years,
inclusive, to the pupil enrollment in career technical education
courses, foreign language courses, and visual and performing arts
courses for the 2012-13 to 2016-17 school years, inclusive.

(2) The reasons, reported by school districts, that pupils give
for choosing to enroll in a career technical education course to
satisfy the requirement specified in subparagraph (E) of paragraph
(1) of subdivision (a).

(3) The type and number of career technical education courses
that were conducted for the 2005-06 to 2011-12 school years,
inclusive, compared to the type and number of career technical
education courses that were conducted for the 2012-13 to 2016-17
school years, inclusive.

(4) The number of career technical education courses that
satisfied the subject matter requirements for admission to the
University of California or the California State University.

(5) The extent to which the career technical education courses
chosen by pupils are aligned with the California Career Technical
Education Standards, and prepare pupils for employment, advanced
training, and postsecondary education.

(6) The number of career technical education courses that also
satisfy the visual and performing arts requirement, and the number
of career technical education courses that also satisfy the foreign
language requirement.

(7) Annual pupil dropout and graduation rates for the 2011-12
to 2014-15 school years, inclusive.

(d) For purposes of completing the report described in
subdivision (c), the Superintendent may use existing state resources
and federal funds. If state or federal funds are not available or
sufficient, the Superintendent may apply for and accept grants,
and receive donations and other financial support from public or
private sources for purposes of this section.

(e) For purposes of completing the report described in
subdivision (c), the Superintendent may accept support, including,
but not limited to, financial and technical support, from high school
reform advocates, teachers, chamber organizations, industry
representatives, research centers, parents, and pupils.

(f) This section shall become inoperative on the earlier of the
following two dates:

(1) On July 1, immediately following the first fiscal year after
the enactment of the act that adds this paragraph in which the
number of career technical education courses that, as determined
by the department, satisfy the foreign language requirement for
admission to the California State University and the University of
California is at least twice the number of career technical education
courses that meet these admission requirements as of January 1,
2012. This section shall be repealed on the following January 1,
unless a later enacted statute, that becomes operative on or before
that date, deletes or extends the dates on which it becomes
inoperative and is repealed. It is the intent of the Legislature that
new career technical education courses that satisfy the foreign
language requirement for admission to the California State
University and the University of California focus on world
languages aligned with career preparation, emphasizing real-world
application and technical content in related career and technical
education courses.

(2) On July 1, 2017, and, as of January 1, 2018, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2018, deletes or extends the dates on which it becomes
inoperative and is repealed.

SEC. 3.  

Section 51225.3 of the Education Code, as amended
by Section 3 of Chapter 324 of the Statutes of 2013, is amended
to read:

51225.3.  

(a) A pupil shall complete all of the following while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:

(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:

(A) Three courses in English.

(B) Two courses in mathematics.

(C) Two courses in science, including biological and physical
sciences.

(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics until the
end of the 2018-19 school year; commencing with the 2019-20
school year, a course in American government and civics; and a
one-semester course in economics.

(E) One course in visual or performing arts or foreign language.
For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be
deemed a course in foreign language.

(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.

(2) Other coursework requirements adopted by the governing
board of the school district.

(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience,
career technical education classes offered in high schools, courses
offered by regional occupational centers or programs,
interdisciplinary study, independent study, and credit earned at a
postsecondary educational institution. Requirements for graduation
and specified alternative modes for completing the prescribed
course of study shall be made available to pupils, parents, and the
public.

(c) If a pupil completed a career technical education course that
met the requirements of subparagraph (E) of paragraph (1) of
subdivision (a) of Section 51225.3, as amended by the act adding
this section, before the inoperative date of that section, that course
shall be deemed to fulfill the requirements of subparagraph (E) of
paragraph (1) of subdivision (a) of this section.

(d) This section shall become operative upon the date that
Section 51225.3, as amended by the act adding this section,
becomes inoperative.

SEC. 4.  

Section 60850 of the Education Code is amended to
read:

60850.  

(a) The Superintendent, with the approval of the state
board, 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 state board
pursuant to Section 60605. To facilitate the development of the
examination, the Superintendent 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 state
board. By October 1, 2000, the state board shall adopt a high school
exit examination that is aligned with statewide academically
rigorous content standards.

(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 the 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, 2017, 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.

(c) The Superintendent, with the approval of the state board,
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 Superintendent shall also make
the best effort to ensure representation of the state’s diversity
relative to urban, suburban, and rural areas. The department shall
provide staff to the panel.

(d) The Superintendent 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.

(e) Before the state board adopts the exit examination, the
Superintendent 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.

(f) The exit examination prescribed in subdivisions (a) and (b)
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 (2)
of subdivision (g) 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.

(g) 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. Fo 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 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.

(h) 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.

(i) Nothing in this chapter prohibits 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.

SEC. 5.  

Section 60851 of the Education Code is amended to
read:

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. Commencing with the 2020-21 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. 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. Commencing with the
2018-19 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.

(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, two, or all subject matter parts of the high
school exit examination. A governing board of a school district
may waive the requirement to successfully pass one, two, or all
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 shall 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 adopted 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.

SEC. 6.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.