California Senate Bill SB264 Latest Draft

 BILL NUMBER: SB 264INTRODUCED BILL TEXT INTRODUCED BY Senator Wyland FEBRUARY 24, 2009 An act to amend Section 60850 of the Education Code, relating to pupil assessment. LEGISLATIVE COUNSEL'S DIGEST SB 264, as introduced, Wyland. Pupil assessment: high school exit examination: American history. 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 exit examination 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 that a reading selection that is used as part of the administration of the examination relate to American history. Vote: majority. Appropriation: no. Fiscal committee: 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 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)  (1)    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  necessarily  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 shall provide staff to the panel.  (2) A reading selection that is used as part of the administration of the examination shall relate to American history.  (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   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) 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  9 for that pupil  , 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  10  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.