Bill Text: CA SB512 | 2013-2014 | Regular Session | Amended


Bill Title: Pupil assessment: high school exit examination: United

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB512 Detail]

Download: California-2013-SB512-Amended.html
BILL NUMBER: SB 512	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wyland

                        FEBRUARY 21, 2013

   An act to amend  Section 51005   Sections
60850 and 60851  of the Education Code, relating to pupil
 instruction   assess   ment  .


	LEGISLATIVE COUNSEL'S DIGEST


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

   This bill would make nonsubstantive changes to the latter
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 60850 of the  
Education Code   is amended to read: 
   60850.  (a) The Superintendent  of Public Instruction
 , with the approval of the  State Board of
Education   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 of Education  
state board  pursuant to Section 60605. To facilitate the
development of the examination, the  superintendent 
 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 of Education   state board  . By October 1,
2000, the  State Board of Education   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 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. 

   (b) 
    (c)  The Superintendent  of Public Instruction
 , with the approval of the  State Board of
Education  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   Superintendent  shall also make
the best effort to ensure representation of the state's diversity
relative to urban, suburban, and rural areas. The  State
Department of Education   department  shall provide
staff to the panel. 
   (c) 
    (d)  The Superintendent  of Public Instruction
 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. 
   (d) 
    (e)  Before the  State Board of Education
  state board  adopts the exit examination, the
Superintendent  of Public Instruction  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. 
   (e) 
    (f)  The exit examination prescribed in 
subdivision (a)   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  (1)
  (2)  of subdivision  (f)  
(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. 
   (f) 
    (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. For  the
 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  the
 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. 
   (g) 
    (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. 
   (h) 
    (i)  Nothing in this chapter  shall prohibit
  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. 2.    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 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.  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 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. 
   (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  or both   , 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  or both   , 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  may   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  recommended 
 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. 
  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. 
                                            
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