§ 802. Waiver Criteria.

(a) To establish compliance with Education Code sections 60640 and 60641, school districts may request a waiver of the requirement under Education Code section 60640(a) that all pupils be tested from the California State Board of Education pursuant to Education Code sections 33050-33053. The California State Board of Education shall approve the waiver for one or more of the following types of pupils:

(1) Special Education pupils whose Individualized Education Programs (IEP) provide for, and the school district implements, an alternative means for determining the pupils' academic progress.

(2) Pupils who have not received at least thirty (30) months of instruction in the core curriculum, given primarily in the English language, and the school district implements an alternative means for determining the pupils' academic progress. This provision would only apply if an approved test in the pupils' primary language was not available for purchase.

(3) Pupils who entered school with no reading skills in any language and have been enrolled continuously in the school district for fewer than 180 days.

(4) Pupils who were not present during the test administration or at any required make-up sessions.

(5) Pupils in special programs other than continuation school, independent study, community day school, or those programs identified in (1), (2), or (3) of this subsection, who were not tested due to extraordinary circumstances such as home/hospital study or traveling outside the country.

(b) When the California State Board of Education approves a waiver of testing all pupils, school districts shall report the numbers of pupils exempted in each waiver category to the California Department of Education.

(c) When the California State Board of Education approves a waiver of testing all pupils, school districts shall assess the progress in basic academic skills of each pupil not tested using an alternative means appropriate to the pupil's level of language proficiency.

(d) When the California State Board of Education approves a waiver of testing all pupils, school districts shall report the results of the pupil's alternative assessment to the pupil's parent or guardian within 40 school days of the date that the results of the alternative assessment are obtained.

(e) Should the California State Board of Education approve any waiver of testing all pupils under this section, the $5.00 per pupil incentive funds shall be apportioned solely with respect to each pupil actually tested in compliance with Education Code sections 60640 and 60641.

(f) For the 1996-97 school year only, school districts may submit to the California State Board of Education requests to use tests not approved by the California State Board of Education.

HISTORY

1. New section filed 6-11-97; operative 6-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).

Note

Note: Authority: Sections 33031 and 60605(g), Education Code. Reference: Sections 33050-33053, 60640 and 60641, Education Code.