Cal. Code Regs. tit. 5 § 800

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 800 - General Testing Provisions

To be eligible for incentive funding available under the voluntary Pupil Testing Incentive Program pursuant to Education Code Section 60640(a), a school district must certify that it administered an approved test to all pupils enrolled in grades two through ten or in as many of those grades as are operated by the school district during the time specified by the State Superintendent of Public Instruction.

(a) Each pupil enrolled in the school district during the school district's testing period shall be given an achievement test of basic academic skills, including pupils in subgroups that may have been exempt from testing in the past.

(b) School districts shall make whatever arrangements are necessary to ensure that pupils in alternative education programs or programs conducted off-campus are tested including, but not limited to, pupils enrolled in the school district's continuation school, independent study, or community day school.

(c) Make-up sessions shall be scheduled to permit pupils who were not present during the initial test administration to complete the achievement test of basic academic skills.

(d) A parent or guardian may submit to the school a written request to excuse his or her child from any or all parts of the achievement test of basic academic skills. Such requests must be initiated by the parent or guardian and no school official shall solicit such a written request on behalf of any child.

(e) If a pupil would not be tested pursuant to Section 802(a), the school in which the pupil is enrolled shall test the pupil upon the written request of the pupil's parent or guardian that his or her pupil be tested with any or all parts of the achievement test of basic academic skills. Such testing must be conducted during the same testing window during which other pupils in the same grade are tested.

(f) Achievement tests of basic academic skills are to be selected from among those currently approved for use by the California State Board of Education pursuant to Education Code section 60604(d).

(g) School districts shall use more than one approved test, if necessary, to produce scores for all pupils in the required curriculum areas of reading, spelling, written expression, and mathematics.

(h) Pupils in special education programs may be tested with an achievement test of basic academic skills with necessary adaptations or accommodations including, but not limited to, large print, braille, extended time or the use of a reader or scribe. Pupils tested with adaptations or accommodations shall be counted for the $5 per-pupil tested apportionment pursuant to Education Code section 60640(a).

(i) Oral language proficiency assessments do not qualify as achievement tests of basic academic skills.

(j) School districts may administer an achievement test of basic academic skills to pupils enrolled in grades other than two through ten, but such pupils may not be counted for the $5 per-pupil tested apportionment pursuant to Education Code section 60640(a).

(k) Pursuant to Education Code section 60641(a), the State Superintendent of Public Instruction has designated that achievement tests shall be administered during the fall, or beginning of the school year, between 5 and 25 percent of the school district's instructional days, or during the spring, or end of the school year, between 70 and 90 percent of the school district's instructional days.

Cal. Code Regs. Tit. 5, § 800

1. New subchapter 3.5 (section 800) and section filed 5-22-96 as an emergency; operative 5-22-96 (Register 96, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (b) (Register 96, No. 38).
3. New subchapter 3.5 (section 800) and section refiled 9-19-96 as an emergency; operative 9-20-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-21-97 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 24).
5. New subchapter 3.5 (sections 800-802) and section filed 6-11-97; operative 6-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).

Note: Authority: Sections 33031 and 60605(g), Education Code. Reference: Sections 60603(a) and (c), 60604(a)(1), (c), and (d), 60605(b), 60640 and 60641, Education Code.