Statutes, codes, and regulations
California Code Of Regulations
Title 5 - EducationDivision 1 - California Department of EducationChapter 2 - PupilsSubchapter 3.75 - California Assessment of Student Performance and Progress (CAASPP)
Article 2 - Achievement Tests and Any Primary Language Assessment
Section 851 - Pupil Testing

Cal. Code Regs. tit. 5 § 851

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 851 - Pupil Testing
(a) With the exception of pupils exempt pursuant to section 852, LEAs shall administer the achievement tests, and may administer the primary language assessment, to each eligible pupil as defined in section 851.5 who is enrolled in an LEA during the school's or track's selected testing period (excluding any extension period pursuant to section 855(b)(4)).
(b) The testing conducted shall be consistent with the pupil's grade of enrollment as noted in CALPADS on the first day that the pupil started testing in any component of the achievement test. Testing shall be conducted within the school's or track's available testing window pursuant to section 855.
(c) No later than start of the 2014-2015 school year, for the purposes of the CAASPP System, a charter school which is not an LEA as defined in Education Code section 60603(o) shall test with, dependent on, the LEA that granted the charter or was designated the oversight agency by the State Board of Education (SBE).
(d) LEAs shall make arrangements for the testing of all eligible pupils in alternative education programs or programs conducted off campus, including, but not limited to, non-classroom based programs, continuation schools, independent study, community day schools, county community schools, juvenile court schools, or NPSs.
(e) No test may be administered in a home or hospital except by a test administrator or test examiner. No test shall be administered to a pupil by the parent, guardian, or sibling of that pupil. This subdivision does not prevent classroom aides from assisting in the administration of the test under the supervision of a test administrator or test examiner, provided that the classroom aide does not assist his or her own child, and that the classroom aide electronically agrees to a CAASPP Test Security Affidavit.

Cal. Code Regs. Tit. 5, § 851

1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (a) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Editorial correction of subsection (b) (Register 98, No. 44).
5. New article 2 heading and amendment of subsections (a) and (c) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-26-98 order, including amendment of subsection (d), transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
7. Amendment of article heading filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
9. Amendment of article heading, section and NOTE filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
10. Amendment of article heading, section and NOTE filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
11. Amendment of article heading, subsections (a)-(b) and NOTE filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
12. Amendment of article heading, section and NOTE filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
13. Amendment of article heading, section and NOTE refiled 7-23-2014 as an emergency; operative 7-23-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-21-2014 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-23-2014 order, including amendment of subsection (b), transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8-27-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
15. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsection (e) filed 11-23-2015 as an emergency; operative 11-23-2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-23-2016 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-23-2015 order transmitted to OAL 4-6-2016 and filed 5-18-2016 (Register 2016, No. 21).
17. Amendment of subsection (b) filed 2-2-2017 as an emergency; operative 2-2-2017 (Register 2017, No. 5). A Certificate of Compliance must be transmitted to OAL by 8-1-2017 or emergency language will be repealed by operation of law on the following day.
18. Amendment of subsection (b) refiled 7-18-2017 as an emergency; operative 8-1-2017 (Register 2017, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-30-2017 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (b) refiled 10-18-2017 as an emergency; operative 10-31-2017 (Register 2017, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-29-2018 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 10-18-2017 order, including amendment of article heading and subsections (a)-(c), transmitted to OAL 12-12-2017 and filed 1-25-2018; amendments operative 1-25-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 4).
21. Amendment of subsection (e) filed 7-11-2019; operative 7-11-2019 (Register 2019, No. 28).

Note: Authority cited: Sections 33031, 60605 and 60640, Education Code. Reference: Sections 47651, 48645.1, 60603, 60605 and 60640, Education Code.

1. New section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order, including amendment of subsections (a) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. Editorial correction of subsection (b) (Register 98, No. 44).
5. New article 2 heading and amendment of subsections (a) and (c) filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-26-98 order, including amendment of subsection (d), transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
7. Amendment of article heading filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
9. Amendment of article heading, section and Note filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
10. Amendment of article heading, section and Note filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
11. Amendment of article heading, subsections (a)-(b) and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
12. Amendment of article heading, section and Note filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
13. Amendment of article heading, section and Note refiled 7-23-2014 as an emergency; operative 7-23-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-21-2014 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-23-2014 order, including amendment of subsection (b), transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8/27/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
15. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsection (e) filed 11-23-2015 as an emergency; operative 11/23/2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-23-2016 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-23-2015 order transmitted to OAL 4-6-2016 and filed 5-18-2016 (Register 2016, No. 21).
17. Amendment of subsection (b) filed 2-2-2017 as an emergency; operative 2-2-2017 (Register 2017, No. 5). A Certificate of Compliance must be transmitted to OAL by 8-1-2017 or emergency language will be repealed by operation of law on the following day.
18. Amendment of subsection (b) refiled 7-18-2017 as an emergency; operative 8-1-2017 (Register 2017, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-30-2017 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (b) refiled 10-18-2017 as an emergency; operative 10-31-2017 (Register 2017, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-29-2018 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 10-18-2017 order, including amendment of article heading and subsections (a)-(c), transmitted to OAL 12-12-2017 and filed 1-25-2018; amendments operative 1/25/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 4).
21. Amendment of subsection (e) filed 7-11-2019; operative 7/11/2019 (Register 2019, No. 28).