SECTIONS 60850-60859 - California Statutes

EDUCATION CODE

SECTION 60850-60859

60850. (a) The Superintendent of Public Instruction, with the
approval of the State Board of Education, 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 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 of Education. By October 1,
2000, the State Board of Education shall adopt a high school exit
examination that is aligned with statewide academically rigorous
content standards.
(b) The Superintendent of Public Instruction, with the approval of
the State Board of Education, 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 State
Department of Education shall provide staff to the panel.
(c) 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) Before the State Board of Education 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) The exit examination prescribed in subdivision (a) 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) of
subdivision (f) 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) 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) 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) Nothing in this chapter shall prohibit 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.

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.
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.
(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 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 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 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 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.

60852. Notwithstanding Section 60851, if a school district
determines that a pupil does not possess sufficient English language
skills to be assessed pursuant to Section 60850, the district may
defer the requirement that the pupil pass the high school exit
examination for a period of up to 24 calendar months of enrollment in
the California public school system until the pupil has completed
six months of instruction in reading, writing, and comprehension in
the English language. Nothing in this section shall be construed to
allow any pupil to receive a diploma of graduation from high school
without passing the exit examination, in English, prescribed by
Section 60850.

60852.1. (a) The Superintendent shall recommend, and the state
board shall select, members of a panel that will convene to make
recommendations regarding alternative means for eligible pupils with
disabilities to demonstrate that they have achieved the same level of
academic achievement in the content standards in English language
arts or mathematics, or both, required for passage of the high school
exit examination.
(1) The panel shall be composed of educators and other individuals
who have experience with the population of pupils with disabilities
eligible for alternative means of demonstrating academic achievement,
as defined in Section 60852.2, and educators and other individuals
who have expertise with multiple forms of assessment. The panel shall
consult with experts in other states that offer alternative means
for pupils with disabilities to demonstrate academic achievement. A
majority of the panel shall be classroom teachers.
(2) The panel shall make findings and recommendations regarding
all of the following:
(A) Specific options for alternative assessments, submission of
evidence, or other alternative means by which eligible pupils with
disabilities may demonstrate that they have achieved the same level
of academic achievement in the content standards in English language
arts or mathematics, or both, required for passage of the high school
exit examination.
(B) Scoring or other evaluation systems designed to ensure that
the pupil has achieved the same competence in the content standards
required for passage of the high school exit examination.
(C) Processes to ensure that the form, content, and scoring of
assessments, evidence, or other means of demonstrating academic
achievement are applied uniformly across the state.
(D) Estimates of one-time or ongoing costs, and whether each
option should be implemented on a statewide or regional basis, or
both.
(3) The panel shall present its options and make its findings and
recommendations to the Superintendent and to the state board by
October 1, 2009.
(b) By October 1, 2010, for those portions of, or those academic
content standards assessed by, the high school exit examination for
which the state board determines it is feasible to create alternative
means by which eligible pupils with disabilities may demonstrate the
same level of academic achievement required for passage of the high
school exit examination, the state board, taking into consideration
the findings and recommendations of the panel, shall adopt
regulations for alternative means by which eligible pupils with
disabilities, as defined in Section 60952.2, 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. The regulations shall include appropriate timelines and
the manner in which pupils and school districts shall be timely
notified of the results.

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 January 1, 2011.
(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
January 1, 2011.
(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 or the Section 504
plan of the pupil.
(b) Commencing January 1, 2011, 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 two
years 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 pupil has not passed if the
school district in which the pupil is enrolled is notified that the
pupil 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.

60852.3. (a) Notwithstanding any other provision of law, commencing
with the 2009-10 school year, an eligible pupil with a disability is
not required to pass the high school exit examination established
pursuant to Section 60850 as a condition of receiving a diploma of
graduation or as a condition of graduation from high school.
(b) This exemption shall last until the state board, pursuant to
Section 60852.1, makes a determination that the alternative means by
which an eligible pupil with disabilities may demonstrate the same
level of academic achievement in the portions of, or those content
standards required for passage of, the high school exit examination
are not feasible or that the alternative means are implemented.
(c) For the purposes of this section, an eligible pupil with a
disability is a pupil with 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)) that indicates the pupil is scheduled to receive
a high school diploma, and 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, 2009.
(d) A local educational agency, as defined in Section 56026.3,
shall not adopt an individualized education program pursuant to the
federal Individuals with Disabilities Education Act or a plan
pursuant to Section 504 of the federal Rehabilitation Act of 1973 for
a pupil for the sole purpose of exempting the pupil from the
requirement to pass the high school exit examination as a condition
of receiving a high school diploma, unless that adoption is
consistent with federal law.
(e) Pursuant to subdivision (b) of Section 60851, pupils with
exceptional needs shall take the high school exit examination in
grade 10 for purposes of fulfilling the requirements of the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 7114).

60852.5. (a) By January 31, 2004, the Superintendent of Public
Instruction shall develop, and the State Board of Education shall
approve, a request for a proposal for an independent consultant to
assess options and provide recommendations for alternatives to the
high school exit examination for pupils with disabilities to be
eligible for a high school diploma. By April 30, 2004, an independent
consultant shall be selected by a selection panel consisting of one
representative appointed by each of the following persons and
entities:
(1) The President pro Tempore of the Senate.
(2) The Speaker of the Assembly.
(3) The Legislative Analyst's Office.
(4) The State Department of Education.
(5) The Department of Finance.
(b) The independent consultant should possess expertise on the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.) and applicable state law, as well as assessment
methodologies concerning pupils with disabilities.
(c) The independent consultant shall, in consultation with the
advisory panel established pursuant to Section 60852.6, prepare a
report that does all of the following:
(1) Recommends options for graduation requirements and assessments
for pupils who are individuals with exceptional needs, as defined in
Section 56026, or who are disabled, as defined in Section 504 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(2) Identifies those provisions of state and federal law and
regulation that are relevant to graduation requirements and
assessments for pupils who are individuals with exceptional needs.
(3) Recommends the steps that would be taken to bring California
into full compliance with the state and federal law and regulations
that are identified pursuant to paragraph (2).
(d) The independent consultant shall provide the advisory panel
established pursuant to Section 60852.6 with a preliminary report of
findings and shall include the advisory panel's concerns and
recommendations in a final report. The final report shall be
disseminated to the members of the advisory panel, the Legislature,
the Legislative Analyst's Office, the Department of Finance, the
State Department of Education, and interested parties no later than
May 1, 2005.
(e) The Superintendent of Public Instruction may, upon approval of
an expenditure plan by the Department of Finance and the Joint
Legislative Budget Committee, provide funds for the purposes of
implementing the recommendations provided pursuant to subdivision
(c).

60852.6. (a) The Superintendent of Public Instruction shall
establish, by April 30, 2004, a 15-member High School Exit
Examination for Pupils With Disabilities Advisory Panel to advise the
independent consultant selected pursuant to Section 60852.5. The
members of the advisory panel shall be composed of the following
individuals:
(1) Three parents or guardians of pupils with disabilities.
(2) An individual with disabilities.
(3) Three credentialed teachers who work with pupils with
disabilities.
(4) Two representatives of institutions of higher education that
prepare special education and related services personnel.
(5) A director of a special education local planning area.
(6) Two school administrators whose duties relate to the provision
of services to pupils with disabilities.
(7) A representative from the State Department of Education.
(8) A representative of a vocational, community, or business
organization concerned with the provision of transition services to
pupils with disabilities.
(9) A representative of community-based organizations providing
special education and related services.
(b) The members of the advisory panel shall serve without
compensation for a term of one year and shall be representative of
the state's ethnic and cultural diversity and gender balance. The
Superintendent of Public Instruction shall also make every effort to
ensure that the panel is representative of the state's diversity
relative to urban, suburban, and rural areas. The State Department of
Education shall provide staff and resources to the advisory panel.

60853. (a) In order to prepare pupils to succeed on the exit
examination, a school district shall use regularly available
resources and any available supplemental remedial resources,
including, but not limited to, funds available for programs
established by Chapter 320 of the Statutes of 1998, Chapter 811 of
the Statutes of 1997, Chapter 743 of the Statutes of 1998, and funds
available for other similar supplemental remedial programs.
(b) It is the intent of the Legislature that a school district
consider restructuring its academic offerings reducing the electives
available to any pupil who has not demonstrated the skills necessary
to succeed on the exit examination, so that the pupil can be provided
supplemental instruction during the regularly scheduled academic
year.
(c) A school district should prepare pupils to succeed on the exit
examination. In preparing pupils to succeed, school districts are
encouraged to use existing resources to ensure that all pupils
succeed. The state has created programs such as the Class Size
Reduction Program, staff development programs, after school programs,
and others, in addition to providing general purpose funding, in
order to assist school districts in providing an education that will
help all pupils succeed.

60855. (a) By January 15, 2000, the Superintendent of Public
Instruction shall contract for a multiyear independent evaluation of
the high school exit examination that is established pursuant to this
chapter. The evaluation shall be based upon information gathered in
field testing and annual administrations of the examination and shall
include all of the following:
(1) Analysis of pupil performance, broken down by grade level,
gender, race or ethnicity, and subject matter of the examination,
including any trends that become apparent over time.
(2) Analysis of the exit examination's effects, if any, on college
attendance, pupil retention, graduation, and dropout rates,
including analysis of these effects on the population subgroups
described in subdivision (b).
(3) Analysis of whether the exit examination is likely to have, or
has, differential effects, whether beneficial or detrimental, on
population subgroups described in subdivision (b).
(b) Evaluations conducted pursuant to this section shall
separately consider test results for each of the following population
subgroups, provided that information concerning individuals shall
not be gathered or disclosed in the process of preparing this
evaluation.
(1) English language learners and non-English language learners.
(2) Individuals with exceptional needs and individuals without
exceptional needs.
(3) Pupils that qualify for free or reduced price meals and are
enrolled in schools that qualify for assistance under Title 1 of the
Improving America's Schools Act of 1994 (P.L. 103-382) and pupils
that do not qualify for free or reduced price meals and are not
enrolled in schools that qualify for assistance under Title 1 of the
Improving America's Schools Act of 1994 (P.L. 103-382).
(4) Any group of pupils that has been determined by the
independent evaluator to be differentially affected by the exit
examination established pursuant to this chapter.
(c) Evaluation reports shall include recommendations to improve
the quality, fairness, validity, and reliability of the examination.
The independent evaluator may also make recommendations for revisions
in design, administration, scoring, processing, or use of the
examination.
(d) The independent evaluator shall report to the Governor, the
Office of the Legislative Analyst, the Superintendent of Public
Instruction, the State Board of Education, the Secretary for
Education, and the chairs of the education policy committees in both
houses of the Legislature, in accordance with the following schedule:
(1) Preliminary report on field testing by July 1, 2000.
(2) First annual report by February 1, 2002.
(3) Regular biennial reports by February 1 of even-numbered years
following 2002.

60856. After adoption and the initial administrations of the high
school exit examination the State Board of Education, in consultation
with the Superintendent of Public Instruction, shall study the
appropriateness of other criteria by which high school pupils who are
regarded as highly proficient but unable to pass the high school
exit examination may demonstrate their competency and receive a high
school diploma. This criteria shall include, but is not limited to,
an exemplary academic record as evidenced by transcripts and
alternative tests of equal rigor in the academic areas covered by the
high school exit examination. If the State Board of Education
determines that other criteria are appropriate and do not undermine
the intent of this chapter that all high school graduates demonstrate
satisfactory academic proficiency, the board shall forward its
recommendations to the Legislature for enactment.

60857. (a) The State Department of Education, with the approval of
the State Board of Education, shall contract for an independent study
regarding the requirement of passage of the high school exit
examination as a condition of receiving a diploma of graduation and a
condition of graduation from high school. A final report based on
the study shall be delivered to the Governor, the chairs of the
education policy committees in the Legislature, the State Board of
Education, and the Superintendent of Public Instruction, on or before
May 1, 2003.
(b) The scope of work and the final contract for the independent
study required pursuant to this section shall be approved by the
State Board of Education. The study shall include, but not be limited
to, examination of whether the test development process and the
implementation of standards-based instruction meet the required
standards for a test of this nature.
(c) Funding for the independent study required by this section
shall be provided for in the annual Budget Act.

60859. (a) Notwithstanding any provision of law to the contrary, on
or before August 1, 2003, the State Board of Education may delay the
date upon which each pupil completing grade 12 is required 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 to a date other than the 2003-04 school year if, in
reviewing the report of the independent study, the State Board of
Education determines that the test development process or the
implementation of standards-based instruction does not meet the
required standards for a test of this nature.
(b) After August 1, 2003, the State Board of Education may not
delay the date upon which each pupil completing grade 12 is required
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.