Valenzuela /CAHSEE Lawsuit Settlement

1. Valenzuela/CAHSEELawsuit Settlement Training for Orange County Local Education Agencies (LEAs) Orange County Department of Education February 26, 2009

2. VALENZUELA/CAHSEE Legislation Summary

3. AB 347 (Nava, Chapter 526, Statutes of 2007) • Notify pupils who have not passed the CAHSEE by the end of grade 12 that they are entitled to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the exam • Offer services to eligible pupils who elect to receive services • Establishes oversight and monitoring responsibilities for county superintendents

4. VALENZUELA/CAHSEE REQUIREMENTS

5. Notice • Provide written notice of eligibility and right to file a complaint to each eligible pupil • Send a letter to the last known address before the end of each school term • Notify in writing each term for two academic years after grade 12 • Post the eligibility notice in the school office, district office, and district internet web site • Translate the notice if 15% or more students in a school speak a single primary language other than English Ed. Code Section 37254(d)(3) and 48985

6. Provide Services • Provide opportunities for intensive instruction and services to eligible students based on: • Results of a diagnostic assessment • Prior results of the CAHSEE • Employ strategies for instruction and services most likely to result in pupils passing the CAHSEE • Provide services to English learners to improve English proficiency as needed Ed. Code Section 37254(d)(4)(5)(6)

7. Uniform Complain Procedure (UCP) • Use revised Uniform Complaint Process • Post revised UCP notice • Forward complaints related to intensive instruction and services to the LEA official designated by the district superintendent or charter school director Ed. Code Section 35186(a)(f) and 35186(a)(4)

8. Students with disabilities

9. Accommodation vs. Modification • Accommodation: Change in the testing environment or process that does not alter what the CAHSEE measures or affect the comparability of scores • Students who use an accommodation and earn a score of 350 or higher have passed • Modification: Change that fundamentally alters what the CAHSEE measures or affects the comparability of scores • Students who use a modification and earn the equivalent of a passing score (350 or higher) have not met the requirements but may be eligible for a local waiver of the CAHSEE requirement

10. Waiver for Students with Disabilities • Permits local school governing boards to grant a waiver of the CAHSEE requirement to students with disabilities who use modifications and receive the equivalent of a passing score • For the local board to waive the CAHSEE requirement, the principal must certify that the student has met the following conditions: • An individualized education program (IEP) or Section 504 Plan is in place that requires accommodations or modifications • The student has either completed or is in progress towards completing high school level curriculum sufficient to have attained the skills and knowledge needed to pass the CAHSEE • Student individual score report shows the equivalent of a passing score on the CAHSEE while using a modification Ed. Code Section 60851(c)

11. County SuperintendentMonitoring/Oversight/ Reporting Responsibilities

12. Why? • Superintendent of Public Instruction collects data regarding the CAHSEE instruction and services program on the Consolidated Application (ConApp) • Data reported on the ConApp currently does not provide the data necessary for the monitoring responsibilities of the County Superintendent

13. Monitoring and Oversight • The county superintendent shall: • Verify that LEAs notified eligible pupils that they are entitled to receive intensive instruction and services • Verify that LEAs provided services to pupils who have elected to receive services • Through visits to schools ranked in deciles 1-3 on the 2006 base API, verify the extent to which pupils are informed and those who have elected to receive services are being served Ed. Code Section1240(c)(2)(E)

14. OCDE Verification Form

15. Reporting RequirementsDecile 1-3 Schools • Quarterly • To local district governing board on the results of reviews and visits during the previous quarter • Annual Report • In November of each year, reports on the state of schools to • Local district board • County board of education • County board of supervisors • Includes findings related to CAHSEE intensive instruction and services • Letter • Letter will be sent to non decile 1-3 LEAs sharing the results of the documentation verification reviews Ed. Code Section 1240(c)(2)

16. Timeline • Submit required documents – March 31, 2009 • Documentation review by – April 2009 • Results included in the quarterly and annual reports for decile 1-3 schools – July 2009 and November 2009 • Letter sent to superintendent of schools that are not in decile 1-3 or charter school director sharing the results of the reviews - July 2009

17. Online document submission

18. Next Steps for LEAs • Post notice of eligibility for services • Post UCP in 10-12 grade classrooms • Notify students of their rights under Valenzuela/CAHSEE • Submit quarterly reports on the nature and resolution of complaints to the governing board and county superintendent • For 08-09, notify eligible pupils in the classes of 2007 and 2008; class of 2009 is notified before the end of June 2009 • Submit required verification documents by March 31, 2009

19. Questions

20. Web Resources http://www/ccsesa.org/index/valenzuelatrainingmaterials.cfm http://williams.ocde.us/valenzuela

21. Contacts • Nicole Savio Coordinator – School and Community Services Ph: (714) 966-4385 nsavio@ocde.us • Aracely Salazar Project Manager – School and Community Services Ph: (714) 966-4377 asalazar@ocde.us • Karol Gartner Senior Administrative Assistant – School and Community Services Ph: (714) 966-4336 kgartner@ocde.us