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1 © 2008 California County Superintendents Educational Services Association Valenzuela/California High School Exit Exam (CAHSEE) Lawsuit Settlement California County Superintendents Educational Services Association (CCSESA) January 15, 2008
2 © 2008 California County Superintendents Educational Services Association Lawsuit Background In February 2006, Morrison & Foerster LLP representing California students unable to graduate as a result of failing the CAHSEE, filed a class action lawsuit against the Superintendent of Public Instruction, the State of California, the California Department of Education, and the California State Board of Education The lawsuit alleged that the State failed to provide students, especially those living in poverty, with an equal and reasonable opportunity to pass the CAHSEE
3 © 2008 California County Superintendents Educational Services Association Implementing Legislation AB 347 (Nava, Chapter 526, Statutes of 2007) Requires school districts, charter schools, and county superintendents that participate in a specified categorical funding program -- the intensive instruction and services program -- to offer services to students who did not pass the CAHSEE by the end of grade 12 Establishes oversight and monitoring responsibilities for county superintendents
4 © 2008 California County Superintendents Educational Services Association LEAs Affected by AB 347 Over 600 LEAs (school districts, county offices, and direct-funded charter schools) were approved for funding from the CAHSEE intensive instruction and services program in out of 58 County Superintendents secured funding from the intensive instruction and services program for county-operated programs in and are subject to all requirements 57 out of 58 counties have participating LEAs subject to monitoring and oversight in direct-funded charter schools are participating
5 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 Eligibility for services: Students who did not pass the CAHSEE by the end of grade 12, beginning with Class of 2006 Students are entitled to services for two consecutive academic years following grade 12 Basis for Funding Allocation: Students in grade 12 that have not passed the CAHSEE Students in grade 11 that have not passed the CAHSEE, if funds are not exhausted
6 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 Notification requirements: Notify students of eligibility for services and the right to file a complaint regarding those services by sending a letter to last known address Notify students before the end of the school term in sufficient time to register for services Notify students each term for two academic years after grade 12 Post notice of eligibility for services at district office, school sites, and on district Internet website In 07-08, LEAs must notify eligible students in the Classes of 2006 and 2007; Class of 2008 notified before end of June 2008
7 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 (contd) Funding may be used for (examples): Individual or small group instruction Hiring of additional teachers Purchasing, scoring, and review diagnostic assessments Counseling Designing instruction to meet specific needs of pupils Appropriate teacher training Instruction in English Language Arts or Math or both Services provided by a public or nonpublic entity
8 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 (contd) Services must: Be provided until student passes CAHSEE, or a maximum of 2 consecutive academic years of service after grade 12 Be based on diagnostic assessments and prior results of the CAHSEE Be provided to English Learners to improve English proficiency, as needed, to pass the CAHSEE Employ strategies that are most likely to result in students passing the CAHSEE
9 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 (contd) Examples of services provided to students distinct from prior comprehensive high school services (e.g. time of services): Diagnostic assessment Individual instruction in CAHSEE academic content areas Group instruction in CAHSEE academic content areas English language development for English learners geared to passage of the CAHSEE Instruction in test taking skills, individual or group Academic counseling services, individual or group Online instruction
10 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 (contd) Uniform Complaint Procedure (UCP) Revised Classroom Notice requirements: Use revised Williams UCP policy and classroom notice at all LEA schools serving students in grades to resolve complaints related to the opportunity to receive intensive instruction and services Immediately forward complaints related to intensive instruction and services to the official designated at the LEA to receive complaints Submit a quarterly report of summarized data on the nature and resolution of complaints to the governing board and county superintendent
11 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 (contd) Other requirements: If the LEA participates in the Middle and High School Supplemental Counseling Program, provide information to pupils in grade 12 about the availability of intensive instruction and services Submit data annually to Superintendent of Public Instruction and County Superintendent regarding: Intensive Instruction and Services Program Middle and High School Supplemental Counseling Program
12 © 2008 California County Superintendents Educational Services Association Key Elements of AB 347 (contd) Establishes County Superintendent monitoring responsibilities: Verify that all participating LEAs notified eligible students Verify that students who elect to receive services are served Contract with another county superintendent to monitor county-operated programs Include verification information in quarterly reports to local district and county boards for Williams schools in Deciles 1-3 serving students in grades and in annual report due in November 2008
13 © 2008 California County Superintendents Educational Services Association Verification Protocol in Letter or orientation meeting for all LEAs participating in the CAHSEE intensive instruction and services program (Jan – Feb 2008) 2. Documentation review (March – April 2008) 3. Quarterly and annual reporting for Williams schools in Deciles 1-3 serving students in grades Quarterly (April and July 2008) Annually (November 2008) 4. Optional Letter of Findings to non-Williams LEAs
14 © 2008 California County Superintendents Educational Services Association Visits to Williams Deciles 1-3 Schools Visits begin in Coordinate Valenzuela verification visits with Williams and Quality Education Investment Act (QEIA) monitoring and oversight CCSESA will offer Spring 2008 Training for county offices
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