Cal. Code Regs. tit. 5 § 80071.4

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 80071.4 - Basic Skills Examination
(a) After January 31, 1983, every applicant for a credential, permit or certificate, or for the renewal of an emergency permit shall be required to have obtained a passing score on the California Basic Educational Skills Test (CBEST). The test is not required to renew, reissue or upgrade a credential, certificate or permit except when upgrading a permit would require a baccalaureate degree.
(b) Pursuant to Education Code Sections 44252(b) and (d) applicants for the following credentials, permits, or certificates are exempt from this requirement:
(1) a credential to be issued solely for teaching adults in an apprenticeship program;
(2) a credential for an adult education designated subject other than an academic subject; and
(3) a certificate of clearance;
(4) a children's center permit or a permit authorizing service in a special center for the handicapped, when a baccalaureate degree is not required;
(5) a credential, certificate, or permit for an additional teaching authorization when the applicant holds a non-emergency credential, certificate or permit that requires a baccalaureate degree and authorizes teaching;
(6) a health services credential;
(7) a Designated Subjects Vocational Education Teaching Credential.
(8) any Designated Subjects Special Subjects Credential for which a baccalaureate degree is not required.
(c) Pursuant to Education Code Section 44252(b)(3), a school district can request a one year non-renewable credential for an individual who they wish to employ and who has not yet passed the CBEST.
(1) The applicant for the one year non-renewable credential shall satisfy all of the following:
(A) either 1. or 2. below:
1.completed an out-of-state professional preparation program for a credential comparable to the California credential requested; or
2.completed a California approved professional preparation program for the requested credential prior to February 1, 1983 and has resided outside of California for the year immediately preceding application for the one year non-renewable emergency credential.
(B) and all minimum requirements for the California credential requested except for the CBEST requirement; and
(C) a basic skills test developed and administered by the employing school district.
(d) Applicants for an exchange certificated employee credential can be issued a one-year preliminary credential pending the passage of the CBEST.
(e) An applicant for any credential needing the CBEST shall be required to have passed it only once, regardless of the time that has elapsed between the date of passing the test and the date of the application.
(f) The Commission will establish the schedule of CBEST administrations for computer-based testing center exams and for online at-home proctored exams no less than four months prior to the beginning of the next fiscal year, and will publicize the schedule by all reasonable means as quickly as practicable. The only two testing options for CBEST are computer-based in a testing center and online-proctored where a proctor observes the test taker taking the CBEST online.
(g) The Commission will arrange for a special administration of the test in the event that an emergency occurs. An emergency for this purpose is a reasonably unforeseeable circumstance which cannot be avoided or a foreseeable one that cannot be accommodated because of the special and unique staff recruitment problems with which a school district or group of districts is faced.

The special administration will be scheduled by the Commission as soon as possible, consistent with the district's schedule for compliance with the requirements of sections 80071.4(h)(1)(B), (h)(1)(C), and (h)(2)(C) below, except that no special administration will be scheduled in the period three calendar weeks before a scheduled regular administration. No special administration will be scheduled without reasonable assurance that at least forty people will actually register and take the test at the special administration. Two or more districts or counties may jointly participate in a single administration provided each can satisfy the requirements specified in Section 80071.4(h).

(h) The written request for a special administration must include a copy of relevant sections of the official minutes of the district or county governing board and documentation by the superintendent of the specific facts of the emergency.
(1) The minutes of the governing board meeting must show that the board accepts the following conditions:
(A) An emergency as defined in subsection (g) exists and is unavoidable.
(B) District or county staff will assist in locating or providing space for the special administration and in the identification of qualified examination proctors, if such assistance is requested by the Commission or its designated agent;
(C) District or county staff will provide administrative support in accomplishing the registration process in a manner that will be consistent with the CBEST registration and reporting system;
(D) The district agrees to pay the full fee required for testing forty persons, even if fewer than forty actually take the test at a special administration.
(E) The district or county agrees not to require that the people taking the test pay any of the excess administrative cost incurred by the district or county.
(2) The superintendent of the district or county shall provide the following information as part of the written request:
(A) A detailed statement on the cause of the emergency and the reasons it could not have been anticipated in time to make use of the most recent previous regular administration;
(B) Documentation on the numbers of substitute or contract teachers needed, the total number of teachers on contract in the district or county, or the average daily number of substitutes used in the preceding year as appropriate to the definition of an emergency cited in the governing board minutes;
(C) A description of the plans for publicizing the special administration to insure that it will be maximally effective in attracting people not previously tested who can meet the emergency needs of the district or county;
(D) A definitive statement about whether admission to the special administration will be limited to people who are potential employees of the district or county requesting the special administration, or will be open to anyone who wishes to take the test;
(E) Designation of the county or district having primary responsibility for administrative arrangements for the special administration, in the event that two or more counties or districts are participating jointly in the special administration.
(i) No special administration will be scheduled for a college or university.
(j) There will be no limit on the number of times a person may take the entire test or sections of the test. Section(s) of the test that have been passed need not be repeated, but no person taking the test may omit any section that has not been passed.
(k) In determining whether a person has passed the test, the highest score obtained on any section of the test at any administration will be used without regard to the length of time that has elapsed since the score was obtained.
(l) All credential program applicants shall take the CBEST for diagnostic purposes no later than the deadline for submission of his/her application for admission to the credential program unless the applicant is exempt from the CBEST for the credential.
(m) An individual credential applicant who already holds a valid non-emergency teaching credential that requires a baccalaureate degree and is seeking an additional teaching authorization is exempt from the provisions of subsection (l).
(n) The Commission will not consider appeals by credential applicants who have failed to achieve the passing standard established by the Commission at the time the CBEST has been most recently attempted.
(o) The Commission will issue annually a report on the passing rates of various groups on the CBEST, including passing rates by institution attended.

Cal. Code Regs. Tit. 5, § 80071.4

1. New section filed 9-30-82 as an emergency; designated effective 1-1-83 (Register 82, No. 41).
2. Order of Repeal of 9-30-82 emergency order filed 10-7-82 by OAL pursuant to Government Code Section 11349.6 (Register 82, No. 41).
3. New section filed 11-10-82 as an emergency; effective upon filing (Register 82, No. 48). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-10-83.
4. Certificate of Compliance including amendments transmitted to OAL 3-8-83 and filed 3-15-83 (Register 83, No. 12).
5. Amendment filed 10-4-84; effective thirtieth day thereafter (Register 84, No. 40).
6. Amendment filed 12-10-86; effective thirtieth day thereafter (Register 86, No. 50).
7. Amendment of subsection (c)(1)(A) filed 3-17-89; operative 4-16-89 (Register 89, No. 12).
8. Change without regulatory effect amending subsections (a) and (c), repealing subsections (c)(1)-(c)(1)(D), renumbering subsections, and amending newly designated subsections (c)(1)-(c)(1)(C) filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).
9. Amendment of subsection (o) filed 4-21-2000; operative 5-21-2000 (Register 2000, No. 16).
10. Amendment of subsections (f) and (j) filed 1-26-2023; operative 4-1-2023 (Register 2023, No. 4).

Note: Authority cited: Section 44225, Education Code. Reference: Sections 44252, 44252.5, 44203 and 44830, Education Code.

1. New section filed 9-30-82 as an emergency; designated effective 1-1-83 (Register 82, No. 41).
2. Order of Repeal of 9-30-82 emergency order filed 10-7-82 by OAL pursuant to Government Code Section 11349.6 (Register 82, No. 41).
3. New section filed 11-10-82 as an emergency; effective upon filing (Register 82, No. 48). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-10-83.
4. Certificate of Compliance including amendments transmitted to OAL 3-8-83 and filed 3-15-83 (Register 83, No. 12).
5. Amendment filed 10-4-84; effective thirtieth day thereafter (Register 84, No. 40).
6. Amendment filed 12-10-86; effective thirtieth day thereafter (Register 86, No. 50).
7. Amendment of subsection (c)(1)(A) filed 3-17-89; operative 4-16-89 (Register 89, No. 12).
8. Change without regulatory effect amending subsections (a) and (c), repealing subsections (c)(1)-(c)(1)(D), renumbering subsections, and amending newly designated subsections (c)(1)-(c)(1)(C) filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).
9. Amendment of subsection (o) filed 4-21-2000; operative 5-21-2000 (Register 2000, No. 16).
10. Amendment of subsections (f) and (j) filed 1-26-2023; operative 4/1/2023 (Register 2023, No. 4).