reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 3 - Administration, Pupils with Disabilities › Section 11518.25 - Pupils with Disabilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided in this
					 Article, all provisions of Article 2 shall apply to pupils with
					 disabilities.
(b) When
					 administering an initial or summative assessment to a pupil with a disability,
					 the LEA shall provide the designated supports and the accommodations in
					 accordance with the pupil's IEP or Section 504 Plan.
(c) When a pupil's IEP or Section 504 Plan
					 specifies that the pupil has a disability that precludes assessment such that
					 there are no appropriate accommodations for assessment in one or more of the
					 listening, speaking, reading, and writing domains, the pupil shall be assessed
					 in the remaining domains in which it is possible to assess the pupil.
(1) A pupil may be assigned an overall score
					 only if assessed in both oral and written language. To be considered assessed
					 in oral language, the student must have been assessed in either listening or
					 speaking. To be considered assessed in written language, the student must have
					 been assessed in either reading or writing.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 4 - Unlisted Resources › Section 11518.35 - Use of Universal Tools, Designated Supports, and Accommodations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 4 (section
						11518.35) and section filed
						6-5-2017; operative 10-1-2017 (Register 2017, No. 23).
2. Amendment
						filed 8-3-2018 as an emergency; operative 8-3-2018 (Register 2018, No. 31). A
						Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 8-3-2018 order transmitted
						to OAL 11-16-2018 and filed 12-31-2018 (Register 2019, No. 1).
4.
						Amendment filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019,
						No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or
						emergency language will be repealed by operation of law on the following
						day.
5. Amendment refiled 1-17-2020 as an emergency; operative
						1-29-2020 (Register 2020, No. 3). A Certificate of Compliance must be
						transmitted to OAL by 4-28-2020 or emergency language will be repealed by
						operation of law on the following day.
6. Certificate of Compliance
						as to 1-17-2020 order transmitted to OAL 12-12-2019 and filed 1-27-2020;
						Certificate of Compliance operative 1-30-2020 pursuant to Government Code
						section
						11343.4(b)(2)
						(Register 2020, No. 5).
7. Amendment of article heading and repealer
						of section filed 10-31-2022; operative 1-1-2023 (Register 2022, No.
						44).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  306,
						  313 and
						  60810,
						  Education Code; and 20
						  U.S.C. Sections 1412,
						  6311,
						  6312,
						  6821,
						  6823,
						  6825 and
						  6826.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 4 - Unlisted Resources › Section 11518.37 - Unlisted Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An LEA may submit, on behalf of a pupil
					 who has an IEP or Section 504 Plan, a request through the assessment management
					 system to the CDE, prior to the administration of the ELPAC or the Alternate
					 ELPAC, to allow the use and approval of an unlisted resource. The LEA ELPAC
					 coordinator or the site ELPAC coordinator shall make the request on behalf of
					 the LEA ten business days prior to the pupil's first day of ELPAC testing. The
					 CDE shall respond to the request within four business days from the date of the
					 electronic transmission. Requests must include:
(1) LEA name and county/district/school
					 code;
(2) School/test site and
					 school code;
(3) LEA ELPAC
					 coordinator name, phone number, and email address;
(4) Site ELPAC coordinator name, phone
					 number, and email address;
(5)
					 Statewide Student Identifier(s) for the pupil(s) for which the unlisted
					 resource(s) is/are being requested;
(6) ELPAC test and grade;
(7) If the pupil has an IEP, include the
					 primary disability code and/or designated Section 504 Plan; and
(8) Description of the unlisted resource
					 being requested.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.50 - ELPAC Test Security Agreement and ELPAC Test Security Affidavit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Access to the
					 test materials is limited to eligible pupils being administered the ELPAC and
					 individuals directly responsible for administration of an ELPAC test who have
					 electronically agreed to the ELPAC Test Security Agreement and ELPAC Test
					 Security Affidavit, as applicable.
(b) Annually, and before receiving any ELPAC
					 test materials, all LEA ELPAC coordinators and site ELPAC coordinators shall
					 electronically agree to the ELPAC Test Security Agreement set forth in
					 subdivision (c).
(c) The ELPAC Test
					 Security Agreement shall be as follows:
ELPAC TEST SECURITY AGREEMENT
I acknowledge through my electronic agreement on this
						form, that the English Language Proficiency Assessments for California (ELPAC)
						and Alternate ELPAC, initial and summative assessments pursuant to Education
						Code section
						60810
						are secure tests and agree to each of the following conditions, as applicable
						to the testing environment, to ensure test security:
(1) I will take all necessary precautions to
					 safeguard the security of the test and test materials, including limiting
					 access to only those individuals in the local educational agency (LEA) who have
					 responsibilities for the administration of the ELPAC.
(2) I shall have all persons who have access
					 to the test(s) and test materials for the purpose of administration read and
					 electronically agree to the ELPAC Test Security Affidavit.
(3) Except during the administration of the
					 tests, I will keep the test materials in a securely locked room which can be
					 accessed only with a key or key card and, when possible, in a locked storage
					 cabinet within that room.
(4) As a
					 site ELPAC coordinator, I will collect and return all test materials to the LEA
					 ELPAC coordinator.
(5) As an LEA
					 ELPAC coordinator, I will securely destroy or return all test materials, in
					 accordance with the directions of and time periods specified by the test
					 contractor.
(6) I will deliver test
					 materials only to those persons who have executed ELPAC Test Security
					 Affidavits.
(7) I will follow all
					 instructions contained in the TAM when administering the ELPAC test remotely.
Through my electronic agreement on this document, I am
						assuring that I have completely read and will abide by the above
						conditions.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.55 - Security and Transportation of Test Materials Delivered to LEA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The security of
					 the test materials that have been duly delivered to the LEA by the test
					 contractor is the sole responsibility of the LEA until all test materials have
					 been inventoried, accounted for, and delivered to the common or private carrier
					 designated by the test contractor.
(b) Secure transportation within an LEA is
					 the responsibility of the LEA once materials have been duly delivered to the
					 LEA by the test contractor.
1. New
						section filed 6-5-2017; operative 10-1-2017 (Register 2017, No.
						23).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  306,
						  313 and
						  60810,
						  Education Code; and 20
						  U.S.C. Sections 1412,
						  6311,
						  6312,
						  6821,
						  6823,
						  6825 and
						  6826.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.60 - LEA Compliance with Test Contractor Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order for the state to meet its
					 obligations in the development, administration, and security of valid and
					 reliable tests, and the reporting of accurate test results, LEAs shall:
(1) Administer the initial and summative
					 assessment in accordance with the test contractor's directions; and
(2) Abide by any and all instructions
					 provided by the test contractor, including instructions for scoring the initial
					 assessment, whether written or oral, that are presented during an annual
					 training or provided for in the administration of the
					 ELPAC.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.65 - Test Examiner Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each LEA shall ensure all its test examiners, ELPAC
						trainers, and all other personnel involved in the direct administration and
						scoring of the initial and summative assessments participate in annual
						training, including training on ELPAC resources as described in the TAM,
						provided by the test contractor for the administration of the ELPAC.
1. New
						section filed 6-5-2017; operative 10-1-2017 (Register 2017, No.
						23).
2. Amendment filed 10-31-2022; operative 1-1-2023 (Register
						2022, No. 44).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  306,
						  313 and
						  60810,
						  Education Code; and 20
						  U.S.C. Sections 1412,
						  6311,
						  6312,
						  6821 and
						  6823.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.70 - Excessive Material Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For both the initial and summative
					 assessments, each LEA is responsible for the cost of excessive materials
					 ordered annually by the LEA.
(1) In no event
					 shall the cost to the LEA for excessive materials exceed the amount per test
					 book and accompanying material that is paid to the test contractor by the CDE
					 as part of the contract with the test contractor for the applicable
					 year.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.75 - Data Elements for Test Registration, Analysis of Pupil Proficiency, and State and Federal Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to assess all eligible pupils
					 pursuant to Education Code section
					 60810 and
					 meet state and federal accountability and reporting obligations, each LEA shall
					 provide any and all program and demographic pupil data requested by the CDE for
					 inclusion in CALPADS.
(b) In
					 addition to the demographic and program data required to be reported in
					 subdivision (a) above, each LEA shall report to the test contractor the
					 following information, as applicable:
(1)
					 Pupil's full name;
(2) Pupil's date
					 of birth;
(3)
					 County-District-School code;
(4)
					 Date testing completed;
(5) Pupil's
					 grade level at time of test administration;
(6) Pupil's gender;
(7) Pupil's most recent prior CELDT or ELPAC
					 scale scores;
(8) Pupil's grade
					 level from the most recent prior CELDT or ELPAC administration;
(9) Pupil's use of designated
					 support(s);
(10) Pupil's use of
					 unlisted resources(s);
(11) Pupil's
					 use of accommodation(s);
(12)
					 Pupil's use of alternate assessment(s);
(13) Pupil's exemption from assessment in one
					 or more of the domains of listening, speaking, reading or writing, as set forth
					 in section 11518.25(c);
					 and
(14) Pupil's Statewide Student
					 Identifier.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.77 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An appeal is a
					 process where an LEA ELPAC coordinator and/or site ELPAC coordinator requests
					 that the CDE take one of the actions specified in subdivisions (b)(1)-(4) due
					 to an event that occurred during the online test administration of the test to
					 a pupil.
(b) The following appeals
					 may be requested by the LEA ELPAC coordinator and/or site ELPAC coordinator;
(1) test reopened;
(2) test reset;
(3) test restore; or
(4) grace period
					 extension.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 5 - LEA Responsibilities › Section 11518.80 - LEA Record of Results

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 An LEA shall maintain a record of each eligible pupil's most recent
					 participation in an administration of the ELPAC. This record shall include the
					 following information for each eligible pupil:
(1) ELPAC administered (specify initial or
					 summative);
(2) Pupil's
					 name;
(3) Pupil's grade;
(4) Date on which the administration of the
					 ELPAC test was completed; and
(5)
					 ELPAC test results.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 6 - Apportionment › Section 11519 - Apportionment to the LEA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The amount of funding to be apportioned to an LEA for the
						costs of administering the ELPAC shall be the amount(s) established by the SBE
						pursuant to Education Code section
						60810 to
						enable each LEA to meet the requirements of ELPAC administration to pupils in
						kindergarten through grade twelve, inclusive, in the LEA, and shall be
						determined by multiplying the amount per administration established by the SBE
						by the number of initial and summative assessments administered to eligible
						pupils in the LEA during the previous school year as set forth in the
						apportionment information report certified by the LEA superintendent pursuant
						to section 11519.5.
1. New
						article 6 (sections
						11519-11519.5) and section filed
						6-5-2017; operative 10-1-2017 (Register 2017, No.
						23).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  313 and
						  60810,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 6 - Apportionment › Section 11519.5 - Apportionment Information Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Annually, the CDE shall make available
					 electronically to each LEA an apportionment information report which shall
					 include the following information provided to the test contractor for those
					 tests administered during the previous fiscal year (July 1 through June 30):
(1) Initial assessment: The number of
					 eligible pupils assessed on the ELPAC initial assessment within the initial
					 assessment window as indicated by the number of answer books scored by the LEA
					 and entered into the local scoring tool for each administration.
(2) Summative assessment: The number of
					 eligible pupils assessed on the ELPAC summative assessment within the annual
					 summative assessment window as indicated by the number of answer books
					 submitted to and scored by the test contractor for each administration.
(A) If multiple answer books for an
					 individual pupil are submitted to the test contractor, only the LEA that
					 submitted the answer book with the earliest date testing completed will be
					 eligible for apportionment.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 1 - Certificate of Proficiency › Section 11520 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Certificate"
					 means a certificate of proficiency awarded by the State Board of Education
					 (SBE) as described in Education Code section
					 48412(a)(2).
(b) "Certification" means documentation from
					 a services provider, or a county or state agency, certifying the examinee is a
					 homeless youth or a foster youth.
(c) "Parent" as used in Education Code
					 section
					 48410(e),
					 relating to verified parental approval, means the natural parent, or adoptive
					 parent or legal guardian, having legal custody of the pupil.
(d) "Testing 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.
1. New
						Article 1 (Sections
						11520-11522) filed 11-21-75;
						effective thirtieth day thereafter (Register 75, No. 47).
2.
						Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter
						(Register 77, No. 39).
3. Editorial correction to title of Article 1
						(Register 79, No. 4).
4. Renumbering of Chapter 10 (Sections
						11520-11532) to Chapter 8 filed
						11-7-79; effective thirtieth day thereafter (Register 79, N. 45). For prior
						history of Chapter 10, see Register 74, No. 3.
5. Amendment of
						section and NOTE filed 5-31-2016 as a deemed emergency pursuant to Education
						Code section
						48412(d)(2);
						operative 5-31-2016 (Register 2016, No. 23). A Certificate of Compliance must
						be transmitted to OAL by 11-28-2016 or emergency language will be repealed by
						operation of law on the following day.
6. Certificate of Compliance
						as to 5-31-2016 order transmitted to OAL 10-4-2016 and filed 11-15-2016
						(Register 2016, No. 47).
7. Repealer and new subsection (b) filed
						6-2-2017 as an emergency; operative 6-2-2017 (Register 2017, No. 22). A
						Certificate of Compliance must be transmitted to OAL by 11-29-2017 or emergency
						language will be repealed by operation of law on the following
						day.
8. Repealer and new subsection (b) refiled 11-16-2017 as an
						emergency; operative 11-29-2017 (Register 2017, No. 46). A Certificate of
						Compliance must be transmitted to OAL by 2-27-2018 or emergency language will
						be repealed by operation of law on the following day.
9. Certificate
						of Compliance as to 6-2-2017 and 11-16-2017 orders transmitted to OAL 1-25-2018
						and filed 2-20-2018 (Register 2018, No. 8).
Note: Authority cited: Sections
						  48410 and
						  48412,
						  Education Code. Reference: Sections
						  48410 and
						  48412,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 1 - Certificate of Proficiency › Section 11521 - Placement on Pupil Transcript

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A school district shall, for each pupil who demonstrates
						proficiency as provided in Education Code section
						48410(e),
						indicate the pupil's accomplishment and the date of the proficiency certificate
						award on the pupil's official transcript.
1.
						Amendment filed 7-18-78; effective thirtieth day thereafter (Register 78, No.
						29).
2. Amendment of section and new NOTE filed 5-31-2016 as a
						deemed emergency pursuant to Education Code section
						48412(d)(2);
						operative 5-31-2016 (Register 2016, No. 23). A Certificate of Compliance must
						be transmitted to OAL by 11-28-2016 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-31-2016 order transmitted to OAL 10-4-2016 and filed 11-15-2016
						(Register 2016, No. 47).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Section
						  48410,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 1 - Certificate of Proficiency › Section 11522 - Requirement for Exemption from School Attendance Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each school district shall develop a form which evidences
						parental consent for exemption from further compulsory school attendance
						pursuant to Education Code section
						48410(e).
						The form shall be made available upon request to 16- and 17-year-old pupils who
						have been awarded the Certificate of Proficiency by the State Board of
						Education. The form shall contain at least the following information:
(a) A general explanation of the pupil's
					 rights of exemption from compulsory school attendance and of re-enrollment in
					 the public high schools.
(b) The
					 date of issuance of a certificate of proficiency.
(c) The signature of the parent and the
					 date.
(d) The signature of a school
					 administrator who has personally confirmed the authenticity of the parent's
					 signature and the date.
1.
						Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
						39).
2. Amendment filed 7-18-78; effective thirtieth day thereafter
						(Register 78, No. 29).
3. Amendment of first paragraph and new NOTE
						filed 5-31-2016 as a deemed emergency pursuant to Education Code section
						48412(d)(2);
						operative 5-31-2016 (Register 2016, No. 23). A Certificate of Compliance must
						be transmitted to OAL by 11-28-2016 or emergency language will be repealed by
						operation of law on the following day.
4. Certificate of Compliance
						as to 5-31-2016 order transmitted to OAL 10-4-2016 and filed 11-15-2016
						(Register 2016, No. 47).
Note: Authority cited: Sections
						  33031 and
						  48412,
						  Education Code. Reference: Section
						  48410,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 1 - Certificate of Proficiency › Section 11523 - Examination Announcements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The school district superintendent shall require the
						principal of each school maintaining either or both of grades 11 and 12 to
						distribute to each pupil in those grades an announcement explaining the
						California High School Proficiency Examination provided for under Education
						Code section
						48412. Upon
						receipt of the announcements from the California Department of Education or its
						contractor, distribution shall be made in time sufficient to enable interested
						pupils to meet all examination registration requirements for the fall test of
						that year.
1. New
						section filed 9-15-78 as an emergency; effective upon filing (Register 78, No.
						37).
2. Certificate of Compliance filed 11-16-78 (Register 78, No.
						46).
3. Change without regulatory effect amending section and NOTE
						filed 12-23-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 52).
Note: Authority cited: Sections
						  33031 and
						  48412,
						  Education Code. Reference: Sections
						  48410 and
						  48412,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 1 - Certificate of Proficiency › Section 11524 - Waiver of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 contractor selected to administer the examination shall not collect fees from
					 individuals who are under 25 years of age, meet all other registration
					 requirements, and are verified to be a homeless youth by a homeless services
					 provider or a foster youth as defined in Education Code section
					 48412,
					 except for fees for additional services not related to regular test
					 registration including, but not limited to, registration for a test
					 administration after the regular registration deadline set by the contractor,
					 request to change the testing date after the regular registration deadline set
					 by the contractor, request for a transcript or duplicate certificate, or
					 request to expedite services. The contractor shall not charge fees to
					 individuals who are certified to be a homeless youth, or a foster youth for any
					 other administrative services without prior approval of the California
					 Department of Education (CDE).
(b)
					 The fee waiver for individuals who are under age 25 and are certified to be a
					 homeless youth by a homeless services provider, or a foster youth as defined in
					 Education Code section
					 48412 shall
					 include only fees for services related to test administration. The fee waiver
					 shall not include fees for services or documents required to verify the need
					 for testing accommodations, test preparation, or other services not related to
					 test administration.
1. New
						section filed 5-31-2016 as a deemed emergency pursuant to Education Code
						section
						48412(d)(2);
						operative 5-31-2016 (Register 2016, No. 23). A Certificate of Compliance must
						be transmitted to OAL by 11-28-2016 or emergency language will be repealed by
						operation of law on the following day.
2. Certificate of Compliance
						as to 5-31-2016 order transmitted to OAL 10-4-2016 and filed 11-15-2016
						(Register 2016, No. 47).
3. Amendment filed 6-2-2017 as an
						emergency; operative 6-2-2017 (Register 2017, No. 22). A Certificate of
						Compliance must be transmitted to OAL by 11-29-2017 or emergency language will
						be repealed by operation of law on the following day.
4. Amendment
						refiled 11-16-2017 as an emergency; operative 11-29-2017 (Register 2017, No.
						46). A Certificate of Compliance must be transmitted to OAL by 2-27-2018 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 6-2-2017 and 11-16-2017
						orders transmitted to OAL 1-25-2018 and filed 2-20-2018 (Register 2018, No.
						8).
Note: Authority cited: Section
						  48412,
						  Education Code. Reference: Section
						  48412,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 1 - Certificate of Proficiency › Section 11525 - Homeless Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible for a fee waiver, at the
					 time of registration for a test administration, a homeless youth must submit
					 all standard required registration materials to the contractor including
					 documentation required for all testing accommodations that the individual may
					 need and an original completed certification.
(b) The CDE-developed certification form may
					 be used to certify that the registrant is homeless. Certification must include
					 all of the following information:
(1) The
					 full legal name of the registrant;
(2) The date of birth of the
					 registrant;
(3) The signature of
					 the registrant affirming, under penalty of perjury, a statement that he or she
					 is homeless and under 25 years of age;
(4) The printed name of the homeless services
					 provider;
(5) The title of the
					 homeless services provider;
(6) The
					 business address, phone number, and e-mail address of the homeless services
					 provider;
(7) The signature of the
					 homeless services provider affirming, under penalty of perjury, a statement
					 that he or she is an authorized homeless services provider and that the
					 registrant is homeless as defined in Education Code section
					 48412;
(8) The date that the certification is
					 completed by the homeless services provider; and
(9) The date the certification
					 expires.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 1 - Certificate of Proficiency › Section 11526 - Foster Youth Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible for a fee waiver, at the
					 time of registration for a test administration, a foster youth must submit all
					 standard required registration materials to the contractor including
					 documentation required for all testing accommodations that the individual may
					 need and certification of their foster youth status. This certification may be
					 provided by the county or California Department of Social Services.
(b) Eligibility for the fee waiver is valid
					 until the certified foster youth reaches 25 years of age.
(c) The contractor shall retain all original
					 certification(s) issued to foster youth(s) until each foster youth reaches 28
					 years of age. The contractor shall make original certification documentation
					 available to the CDE within 10 business days upon request.
(d) No fees shall be charged to foster youths
					 seeking certification of their status.
(e) For purposes of this Article, "Foster
					 Youth" means either current or former foster youth as defined by Education Code
					 section
					 48412(h).
1. New
						section filed 6-2-2017 as an emergency; operative 6-2-2017 (Register 2017, No.
						22). A Certificate of Compliance must be transmitted to OAL by 11-29-2017 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled with amendments to subsection (d)
						11-16-2017 as an emergency; operative 11-29-2017 (Register 2017, No. 46). A
						Certificate of Compliance must be transmitted to OAL by 2-27-2018 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-2-2017 and 11-16-2017
						orders transmitted to OAL 1-25-2018 and filed 2-20-2018 (Register 2018, No.
						8).
Note: Authority cited: Section
						  48412,
						  Education Code. Reference: Section
						  48412,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 2 - High School Equivalency Certificate - for Persons 18 Years of Age or Older › Section 11531 - Approval of Testing Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A testing center may be approved by the
					 State Superintendent of Public Instruction (SSPI) to administer tests for
					 purposes of Education Code section
					 51420
					 provided it has complied with all of the following:
(1) Provided the CDE with all required
					 information indicating:
(A) Name of
					 Institutional Chief Administrative Officer and title,
(B) Name of Chief Examiner and Alternate
					 Examiner(s) and their titles,
(C)
					 Name of testing facility,
(D)
					 Contracting agency or school district,
(E) Address of the testing
					 center.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 2 - High School Equivalency Certificate - for Persons 18 Years of Age or Older › Section 11532 - Eligibility to Take a Test to Obtain a High School Equivalency Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person is
					 eligible to take a test to obtain a high school equivalency certificate no
					 sooner than 60 days prior to the date he or she is eligible to receive a
					 certificate pursuant to Education Code section
					 51420(c).
(b) The 60 day limitation in subdivision (a)
					 does not apply to any person who is 17 years of age or older who has been out
					 of school for at least 60 days and who submits a letter of request for the test
					 from the military, a postsecondary educational institution or a prospective
					 employer.
(c) Any person who is 17
					 years of age or older who is incarcerated in a California state or county
					 correctional facility and who meets the following criteria is eligible to take
					 a test to obtain a high school equivalency certificate:
(1) The person does not have a realistic
					 chance of completing the requirements for a high school diploma.
(2) The person has adequate academic skills
					 to successfully complete a test to obtain a high school equivalency
					 certificate.
(3) The person
					 understands the options available regarding acquisition of a high school
					 diploma, the high school equivalency certificate or the high school proficiency
					 certificate, and the requirements, expectations, benefits and limitations of
					 each option.
(4) The person has
					 sufficient commitment time left to complete an entire test to obtain a high
					 school equivalency certificate battery before release; or if released before
					 completion of the test, may complete testing at an authorized testing
					 center.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 2 - High School Equivalency Certificate - for Persons 18 Years of Age or Older › Section 11534 - Homeless Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible for a fee waiver, at the
					 time of registration for a test administration, a certified homeless youth must
					 submit all standard required registration materials to the contractor(s),
					 including documentation required for all testing accommodations that the
					 individual may need and an original completed certification. The contractor
					 provides all forms required to approve a testing accommodation.
(b) The CDE-developed certification form may
					 be used to certify that the registrant is homeless. Certification must include
					 all of the following information:
(1) The
					 full legal name of the registrant;
(2) The date of birth of the
					 registrant;
(3) The signature of
					 the registrant affirming, under penalty of perjury, a statement that she or he
					 is homeless and under 25 years of age;
(4) The printed name of the homeless services
					 provider;
(5) The title of the
					 homeless services provider;
(6) The
					 business address, phone number, and e-mail address of the homeless services
					 provider;
(7) The signature of the
					 homeless services provider affirming, under penalty of perjury, a statement
					 that she or he is an authorized homeless services provider and that the
					 registrant is homeless as defined in Education Code section
					 51421.5;
(8) The date that the certification is
					 completed by the homeless services provider; and
(9) The date the certification
					 expires.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 8 - High School Proficiency Certificates › Article 2 - High School Equivalency Certificate - for Persons 18 Years of Age or Older › Section 11534.1 - Foster Youth Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible for a fee waiver, at the
					 time of registration for a test administration, a foster youth must submit all
					 standard required registration materials to the contractor(s) including
					 documentation required for all testing accommodations that the individual may
					 need and certification of their foster youth status. This certification may be
					 provided by the county or California Department of Social Services.
(b) Eligibility for the fee waiver is valid
					 until the certified foster youth reaches 25 years of age.
(c) The contractor(s) shall retain all
					 original certification(s) issued to foster youth(s) until each foster youth
					 reaches 28 years of age. The contractor(s) shall make original documentation
					 available to the CDE within 10 business days upon request.
(d) No fees shall be charged to foster youths
					 seeking certification of their status.
(e) For purposes of this Article, "Foster
					 Youth" means either current or former foster youth as defined by Education Code
					 Section
					 51421.5(h).
1. New
						section filed 6-2-2017 as an emergency; operative 6-2-2017 (Register 2017, No.
						22). A Certificate of Compliance must be transmitted to OAL by 11-29-2017 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 11-16-2017 as an emergency, including
						amendment of subsection (d); operative 11-29-2017 (Register 2017, No. 46). A
						Certificate of Compliance must be transmitted to OAL by 2-27-2018 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-2-2017 and 11-16-2017
						orders transmitted to OAL 1-25-2018 and filed 2-20-2018 (Register 2018, No.
						8).
Note: Authority cited: Sections
						  51421.5 and
						  51426,
						  Education Code. Reference: Section
						  51421.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 9 - Vocational Education Contracts › Article 1 - General Provisions › Section 11535 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this chapter, the following definitions
						shall apply:
(a) Course. "Course"
					 means an instructional unit of an area or field of organized knowledge, usually
					 provided on a semester, year, or prescribed length-of-time basis.
(b) Program. A "program" is an organized
					 sequence of courses of instruction leading to a defined objective, degree,
					 certificate, diploma, or license.
(c) Student. A "student" is any individual
					 enrolled in a public entity who may benefit from the vocational instruction
					 under contract with a private postsecondary school and has either reached his
					 or her 16th birthday or junior class standing in a public secondary school, or
					 who has been recommended by the chief school administrator of the public entity
					 to participate in instruction provided by a private entity.
1. New
						Chapter 11 (Sections
						11535-11540,
						11542,
						11544 and
						11545) filed 3-7-74; effective
						thirtieth day thereafter (Register 74, No. 10).
2. Amendment of
						section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register
						77, No. 39).
3. Renumbering of Chapter 11 (Sections
						11535-11545) to Chapter 9 filed
						11-7-79; effective thirtieth day thereafter (Register 79, No.
						45).
4. Repealer of former Section
						11535 and renumbering and amendment
						of former Section
						11538 to Section
						11535 filed 10-6-83; effective
						thirtieth day thereafter (Register 83, No. 41).
Note: Authority cited: Sections
						  33031 and
						  8092,
						  Education Code. Reference: Section
						  8092,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 9 - Vocational Education Contracts › Article 1 - General Provisions › Section 11536 - Application for Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application for approval shall be submitted on a form
						prescribed by the Superintendent of Public Instruction.
1.
						Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
						39).
2. Repealer of former Section
						11536 and renumbering and amendment
						of former Section
						11539 to Section
						11536 filed 10-6-83; effective
						thirtieth day thereafter (Register 83, No. 41).
Note: Authority cited: Sections
						  8092 and
						  33031,
						  Education Code. Reference: Section
						  8092,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 9 - Vocational Education Contracts › Article 2 - Contracting Standards › Section 11537 - Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following standards shall be employed by the
						California Department of Education in determining the appropriateness of
						vocational education to be provided by private postsecondary schools through
						contracts with public agencies:
(a)
					 Employment/training needs and job opportunities have been identified that
					 directly relate to the instruction to be offered under contract.
(b) The proposed program or course does not
					 unnecessarily duplicate offerings available in the region served.
(c) The program or course provides vocational
					 education opportunities for a greater number of students than would otherwise
					 be possible.
(d) Each student
					 eligible for enrollment must meet the criterion as defined in subdivision (c)
					 of section 11535.
(e) The contracted services shall not reduce
					 or supplant existing vocational education efforts of the public entity but
					 shall become an extension or augmentation of vocational education opportunities
					 and enrollments in the participating public entities.
(f) All programs and courses of instruction
					 shall meet the standards set forth in the California State Plan for Vocational
					 Education.
(g) The public entity
					 establishes and maintains, in accordance with the provisions of the California
					 School Accounting Manual, a clear and separate audit trail of all fiscal,
					 enrollment, and statistical data. Such records shall be maintained for not less
					 than five years and shall be made available for audit.
1.
						Repealer of former Section
						11537 and renumbering and amendment
						of Section 11542 to Section
						11537 filed 10-6-83; effective
						thirtieth day thereafter (Register 83, No. 41).
2. Change without
						regulatory effect amending first paragraph and subsection (d) filed 12-23-2010
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 52).
Note: Authority cited: Sections
						  8092 and
						  33031,
						  Education Code. Reference: Section
						  8092,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 9 - Vocational Education Contracts › Article 3 - Contract Provisions › Section 11538 - Terms and Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each contract shall expressly include, but not be limited
						to, the following provisions:
(a)
					 Methods for identifying costs and payment procedures for compliance with
					 subdivisions (2) and (3) of Education Code section
					 8092.
(b) Performance objectives for each
					 instructional area.
(c) Designation
					 of responsibility for maintaining records of student attendance and
					 achievement. Such records shall be available for review at any time by the
					 California Department of Education.
(d) Instruction shall be provided only under
					 the immediate supervision and control of teachers who hold valid California
					 credentials authorizing the vocational subject to be taught.
(e) That the contractor provide indemnity and
					 defense for the State and public entity, and their respective officers and
					 employees, against any and all claims and liability for death, injury, loss and
					 damage arising out of, or in any manner connected with, the performance of the
					 contract. Such indemnity and defense may be provided either by an appropriate
					 hold harmless clause or a policy of liability insurance coverage, the cost of
					 which is to be borne by the contractor. Such policy shall name the State and
					 public entity, along with their respective officers and employees, as
					 additional insured.
(f) Except when
					 prohibited by law the contractor provide, at his own expense, workers'
					 compensation insurance coverage for any student who performs services or
					 manufactures or assembles products that represent actual or potential income
					 for the contractor.
(g) That the
					 contractor is in compliance with Title VI of the Civil Rights Act of 1964,
					 Title IX of the Higher Education Act of 1972, and all applicable local, state
					 and federal health and safety regulations.
(h) Procedures relating to: transfer of
					 students between the public entity and contractor; number of class hours
					 sufficient to meet the stated performance objectives; and withdrawal of
					 students prior to completion of a course or program.
(i) Terms and conditions relating to
					 enrollment period and cancellation and termination of the contract.
1.
						Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter
						(Register 77, No. 39).
2. Renumbering and amendment of former
						Section 11538 to Section
						11535 and renumbering and amendment
						of former Section
						11545 to Section
						11538 filed 10-6-83; effective
						thirtieth day thereafter (Register 83, No. 41).
3. Change without
						regulatory effect amending subsections (a) and (c) filed 12-23-2010 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2010, No. 52).