Bill Text: CA SB267 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil assessment: high school exit examination: eligible pupils with disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State. Chapter 479, Statutes of 2014. [SB267 Detail]

Download: California-2013-SB267-Amended.html

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BILL NUMBER: SB 267	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 16, 2014
	AMENDED IN SENATE  MAY 30, 2013
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  MARCH 21, 2013

INTRODUCED BY   Senator Pavley

                        FEBRUARY 13, 2013

   An act to  add Chapter 6 (commencing with Section 26245)
to Division 16.3 of the Public Resources Code, relating to energy
efficiency, and making an appropriation therefor.  
amend Section 60852.2 of the Education Code, relating to pupil
assessment. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 267, as amended, Pavley.  Proposition 39:
implementation.   Pupil assessment: high school exit
examination: eligible pupils with disabilities.  
   Existing law requires 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 the State Board of Education,
taking into consideration certain findings and recommendations, to
adopt regulations for alternative means by which eligible pupils with
disabilities may demonstrate that they have achieved the same level
of academic achievement in the content standards required for passage
of the high school exit examination.  
   Existing law defines an "eligible pupil with a disability" as a
pupil who has an individualized education program or other specified
plan that indicates that the pupil has an anticipated graduation date
and is scheduled to receive a high school diploma on or after July
1, 2015, who has not passed the high school exit examination but has
attempted to pass those sections not yet passed, as specified, and
who the school district or state special school certifies has
satisfied or will satisfy all other state and local requirements for
the receipt of a high school diploma on or after July 1, 2015. 

    Existing law authorizes an eligible pupil with a disability,
commencing July 1, 2015, to participate in the alternative means of
demonstrating the level of academic achievement in the content
standards required for passage of the high school exit examination in
the manner prescribed by the regulations adopted by the state board.
 
   This bill would revise the definition of an "eligible pupil with a
disability" by delaying the dates by which a pupil is required to be
scheduled to receive a high school diploma and the school district
or state special school is required to certify that the pupil has
satisfied or will satisfy all other state and local requirements for
the receipt of a high school diploma, to on or after July 1, 2016.
The bill would also delay the commencement date for an eligible pupil
with a disability to participate in the alternative means of
demonstrating the level of academic achievement in the required
content standards to July 1, 2016.  
   The California Clean Energy Jobs Act, an initiative approved by
the voters at the November 6, 2012, statewide general election as
Proposition 39, made changes to corporate income taxes and, except as
specified, provides for the transfer of $550,000,000 annually from
the General Fund to the Clean Energy Job Creation Fund for 5 fiscal
years beginning with the 2013-14 fiscal year. Moneys in the Clean
Energy Job Creation Fund are available, upon appropriation by the
Legislature, for purposes of funding eligible projects that create
jobs in California improving energy efficiency and expanding clean
energy generation. Existing law provides for the allocation of these
funds for eligible projects at public school facilities, university
and college facilities, and other public buildings and facilities, as
well as job training and workforce development, and public-private
partnerships, as specified.  
   This bill would require the State Energy Resources Conservation
and Development Commission to develop and administer a financial
assistance program to assist the California Community Colleges, the
California State University, and the University of California with
energy efficiency and clean energy onsite generation projects. The
bill would require the commission to develop and adopt specific
guidelines for the program. The bill would appropriate for the
2013-14 fiscal year an unspecified sum from the Clean Energy Job
Creation Fund to the commission for the above purpose, thereby making
an appropriation. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 60852.2 of the  
Education Code   is amended to read: 
   60852.2.  (a) For purposes of this chapter, "eligible pupil with a
disability" means a pupil who meets all of the following criteria:
   (1) The pupil has an operative 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)) that indicates that the pupil has an anticipated
graduation date and is scheduled to receive a high school diploma on
or after July 1,  2015.   2016. 
   (2) The pupil has not passed the high school exit examination.
   (3) The school district or state special school certifies that the
pupil has satisfied or will satisfy all other state and local
requirements for the receipt of a high school diploma on or after
July 1,  2015.   2016. 
   (4) The pupil has attempted to pass those sections not yet passed
of the high school exit examination at least twice after grade 10,
including at least once during the current enrollment of the pupil in
grade 12, with the accommodations or modifications, if any,
specified in the individualized education program adopted pursuant to
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.) or the plan adopted pursuant to Section 504 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) of the
pupil.
   (b) Commencing July 1,  2015,   2016, 
an eligible pupil with a disability may participate in the
alternative means of demonstrating the level of academic achievement
in the content standards required for passage of the high school exit
examination in the manner prescribed by the regulations adopted
pursuant to Section 60852.1. The state board may, by regulation,
extend this date by up to one year if it determines that an extension
is necessary for the appropriate implementation of the regulations
adopted pursuant to Section 60852.1.
   (c) An eligible pupil with a disability shall be deemed to have
satisfied the requirements of Section 60851 for those parts of the
high school exit examination that the eligible pupil with a
disability has not passed if the school district in which the
eligible pupil with a disability is enrolled is notified that the
eligible pupil with a disability has successfully demonstrated the
same level of academic achievement in the statewide content standards
as the level of academic achievement that is necessary to pass the
high school exit examination through one or more of the alternative
means prescribed in the regulations adopted pursuant to Section
60852.1. 
  SECTION 1.    Chapter 6 (commencing with Section
26245) is added to Division 16.3 of the Public Resources Code, to
read:
      CHAPTER 6.  PROGRAMS FOR PUBLIC POSTSECONDARY EDUCATIONAL
FACILITIES


   26245.  (a) The State Energy Resources Conservation and
Development Commission shall develop and administer a financial
assistance program to assist the California Community Colleges, the
California State University, and the University of California with
energy efficiency and clean energy onsite generation projects.
   (b) In addition to the criteria specified in Section 26206, the
State Energy Resources Conservation and Development Commission shall
develop and adopt guidelines that do all of the following:
   (1) Establish audit standards and procedures.
   (2) Ensure that the projects receiving financial assistance are
consistent with the state's loading order, as described in the Energy
Plan II jointly adopted by the State Energy Resources Conservation
and Development Commission and the Public Utilities Commission.
   (3) Ensure that the projects are reliable and feasible with total
energy savings benefits exceeding project costs.
   (4) Establish energy savings measurement and verification
standards.
   (5) Require the recipient of financial assistance to report to the
commission on energy savings achieved.
   (6) If the project is for clean energy onsite generation, require
that the energy cost savings over 75 percent of the expected life of
the project will exceed the initial investment.
   (7) Give priority to projects that have the highest energy savings
relative to the amount of public moneys used to finance the project.

   (8) Include funding for the California Community Colleges, the
California State University, and the University of California in the
following proportions:
   (A) ____ percent for projects of the California Community
Colleges.
   (B) ____ percent for projects of the California State University.
   (C) ____ percent for projects of the University of California.
   (9) (A) Require the Chancellor of the California Community
Colleges to be responsible for submitting to the commission
applications for financial assistance and reports on project
outcomes.
   (B) Require the Trustees of the California State University to be
responsible for submitting to the commission applications for
financial assistance and reports on project outcomes.
   (C) Require the University of California to be responsible for
submitting to the commission applications for financial assistance
and reports on project outcomes.
   (c) The State Energy Resources Conservation and Development
Commission may use its existing grant and financing programs to
minimize administrative costs associated with the program, including
the program developed pursuant to the Energy Conservation Assistance
Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division
15).
   (d) For purposes of this section, "financial assistance" means
revolving loans and grants.
   26246.  The sum of ____ dollars ($____) is hereby appropriated for
the 2013-14 fiscal year from the Clean Energy Job Creation Fund to
the State Energy Resources Conservation and Development Commission
for the purposes of this chapter.