Today's Law As Amended


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AB-603 Pupil testing: high school proficiency examination.(1995-1996)



As Amends the Law Today


SECTION 1.

 Section 48412 of the Education Code is amended to read:

48412.
 (a)   (1) Any  A  person 16 years of age or older, or who has been enrolled in the 10th  grade 10  for one school academic  year or longer, or who will complete one school academic  year of enrollment in the 10th  grade 10  at the end of the semester during which the next regular examination will be conducted, may have their  shall be permitted to have his or her  proficiency in basic skills taught in public high schools verified according to criteria established by the department. State Department of Education.  
(2)  The state board  State Board of Education  shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department  State Department of Education  shall keep a permanent record of the issuance of all the  certificates.  
(b)   (1)  (A)  The department  State Department of Education  shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held at least  once in the fall semester and at least  once in the spring semester  of every school academic  year on dates,  a date,  as determined by the department, that  State Department of Education, which  will enable notification of examinees and the schools they attend, if any, of the results of the examinations  thereof  not later than two weeks before  prior to  the date on which that semester ends in a majority of school districts that which  maintain high schools.  
(B) For the 2020–21 school year, regular examinations shall be offered only if they can be administered in accordance with state and local public health orders, as determined by the Superintendent.
(2)  In addition to regular examinations, the department  State Department of Education  may, at the discretion of the Superintendent,  Superintendent of Public Instruction,  conduct examinations for all eligible persons at least  once during each summer recess and may conduct examinations at any other time that the Superintendent superintendent  deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations.
(c)   (1)  The department  State Department of Education  may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. Pursuant to Section 16370 of the Government Code, there is hereby authorized All fees levied and collected pursuant to this section shall be deposited  in the State Treasury a Special Deposit Fund Account, which shall consist of fees that may be prescribed by this section. All of the fees collected are hereby appropriated, without regard to fiscal years, for the support of the department to be used pursuant to this section. for remittance to the current support appropriation of the State Department of Education as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance.  
(2) The department shall not charge the fee to an examinee who meets all of the following criteria:
(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h).
(B) The examinee has not attained 25 years of age as of the date of the scheduled examination.
(C) For an examinee who qualifies as a homeless child or youth pursuant to subparagraph (A), the examinee can verify the examinee’s status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph.
(3) For purposes of this subdivision, a “homeless services provider” includes either of the following:
(A) A homeless services provider listed in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code.
(B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department.
(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1).
(d) (1) The state board shall adopt rules and regulations as necessary for implementation of this section.
(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by Chapter 384 of the Statutes of 2015. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.
(d)   The State Board of Education shall adopt rules and regulations as are necessary for implementation of this section.  (e)   The department  State Department of Education  shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c).  
(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following:
(A) The number of homeless youth and foster youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years.
(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth and foster youth taking a high school proficiency test.
(C) The estimated number of homeless youth and foster youth who may take a high school proficiency test in future years.
(D) Recommendations for a permanent funding source to cover the cost of the waived fees.
(E) The annual and projected administrative cost to the department.
(F) The annual and projected reimbursement to contractors pursuant to this section.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code.
(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c).
(h) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria:
(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from the child’s home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.
(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from the child’s home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.