STATE OF CALIFORNIA
CALIFORNIA COMMUNITY COLLEGES
CHANCELLOR’S OFFICE
1102 Q STREET
S
ACRAMENTO
, C
A
95814-6511
(916) 445-8752
HTTP :// WWW .
CCCCO .
EDU
February 4, 2003
TO:
FROM:
Thomas J. Nussbaum
Chancellor, California Community Colleges
Ralph Black
General Counsel
SUBJECT: High School Exit Examination
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Issue
You have asked whether the California high school exit examination must be administered by community colleges that grant high school diplomas.
Analysis
The question of whether community college districts must administer the California high school exit examination ("CAHSEE") arises because colleges may be involved in various ways in providing instruction which leads to the award of a high school diploma. In some cases, colleges issue the diploma solely in the name of the college. In other cases, the colleges award high school diplomas jointly with unified school districts, and the names of both institutions appear on the diploma. In yet a third variation, community colleges offer courses towards a diploma that is awarded by a unified school district. However, for the reasons discussed below, we conclude that colleges have no obligation to administer the CAHSEE in any of these situations.
The CAHSEE requirements appear in chapter 9 of part 33 (Instructional Materials and Testing) of division 4 (Instruction and Services) of title 2 (Elementary and Secondary Education) of the
Education Code, commencing with section 60850. As you know, title 1 of the Education Code addresses General Education Code Provisions, title 2 addresses Elementary and Secondary
Education, and title 3 addresses Postsecondary Education. Most of the provisions that govern community college educational programs appear in title 3. Nothing in the placement of the
CAHSEE sections suggests a direct application to community college districts.
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The Board of Governors is required to:
"Establish minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies." (Ed.
Code, § 70901(b)(1)(A), emphasis added.)
The community college district corollary to section 70901(b)(1)(A) is section 70902(b)(3). This provision requires the governing board of each community college district to do the following:
"Establish academic standards, probation and dismissal and readmission policies, and graduation requirements not inconsistent with the minimum standards adopted by the board of governors." (Emphasis added.)
Taken together, sections 70901(b)(1)(A) and 70902(b)(3) place the responsibility for graduation requirements for community college programs with the Board of Governors and the local community college district governing boards. Nothing in the CAHSEE requirements modifies these respective roles in the establishment of graduation requirements for community college programs.
The responsibility for developing the CAHSEE was assigned to the Superintendent of Public
Instruction, with the approval of the State Board of Education ("SBE"). (Ed. Code, § 60850(a).)
Neither the Superintendent of Public Instruction, nor the State Board of Education have general responsibility for or authority over the California Community Colleges.
Any jurisdictional authority of the Superintendent of Public Instruction or the SBE over the community college system has long since been abrogated by the Legislature:
"The Board of Governors of the California Community Colleges has the duties, powers, purposes, responsibilities, and jurisdiction heretofore vested in the State
Board of Education, Superintendent of Public Instruction, the Department of
Education, and the Director of Education with respect to the management, administration, and control of the community colleges.
Whenever in any law other than a provision of the Education Code, enacted prior to January 1, 1977, relating to the management, administration and control of the community colleges reference is made to the State Board of Education,
Superintendent of Public Instruction, the Department of Education, or the Director of Education, such reference shall be deemed to mean the Board of Governors of the California Community Colleges." (Ed. Code, § 71024.)
Based on the foregoing, it is clear that neither the Superintendent of Public Instruction nor the
SBE has authority over the graduation requirements applicable to community college programs.
Chapter 9, which describes the development and parameters of the CAHSEE, was added to the
Education Code by Statutes 1999-2000, First Extraordinary Session, chapter 1 (SB 2). In addition to adding chapter 9 to title 2, Senate Bill 2 affected other Education Code provisions, all
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Thomas J. Nussbaum 3 February 4, 2003 in the area of Elementary and Secondary Education. The basic principle of the legislation is contained in section 60851 that provides in pertinent part:
"Commencing with the 2003-04 school year and each school year thereafter, each pupil completing grade 12 shall successfully pass the exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school." (Ed. Code, § 60851(a).)
However, the next following sentences provide:
"Funding for the administration of the exit examination shall be provided for in the annual Budget Act. The Superintendent of Public Instruction shall apportion funds appropriated for this purpose to enable school districts to meet the requirements of subdivisions (a), (b), (c) and (d)." (Ed. Code, § 60851(a), emphasis added.)
It is clear that the Legislature intended that the Superintendent of Public Instruction apportion funds to provide for the CAHSEE. However, the Superintendent is not charged with community college apportionment.
As noted above, section 60851(a) describes the obligations of "school districts" to meet the
CAHSEE requirements. Numerous places throughout chapter 9 refer to the obligations of
"school districts" related to the CAHSEE. Community college districts are generally not considered "school districts" under the Education Code. "'Any school district' and 'all school districts' mean school districts of every kind or class, except a community college district." (Ed.
Code, § 80, emphasis added).
In other words, the requirement that each pupil pass the CAHSEE is the responsibility of school districts, and community college districts are not generally considered school districts. Certainly the Legislature could specify that for the purposes of a particular measure, community college districts are to be considered school districts, but there is nothing in SB 2 that creates such an exception to the general rule.
As noted above, SB 2 affected other Education Code sections. Section 60850(e) provides that the CAHSEE may not be required as a condition of graduation unless specific standards are met.
One of those standards is that the pupil must have received "adequate notice" regarding the
CAHSEE.
"'Adequate notice' means that the pupil and his or her parent or guardian have received written notice, at the commencement of the pupil's 9th grade, and each year thereafter through the annual notification process established pursuant to
Section 48980, or if a transfer pupil, at the time the pupil transfers. A pupil who has taken the exit examination in the 10th grade is deemed to have had 'adequate notice' as defined in this paragraph." (Ed. Code, § 60850(f)(2).)
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Section 48980 was amended by SB 2 to coordinate with chapter 9. Like chapter 9, section 48980 is contained in the portion of the Education Code that addresses elementary and secondary education as opposed to postsecondary education. Section 48980 requires each school district to notify parents and guardians annually of various rights and responsibilities. Section 48980 does not apply to community colleges, nor are most of the students enrolled in community college high school diploma programs under the control of parents or guardians. Nevertheless, section
60850(e)(1) is clear that section 48980 is the standard vehicle for providing the "adequate notice" that is a prerequisite for administering the CAHSEE.
There is additional verification that the provisions do not apply to community colleges.
The SBE has adopted regulations to implement the CAHSEE. The regulations indicate that the
SBE does not believe that the CAHSEE applies to community college districts. The regulations appear at sections 1200 et seq. of title 5 of the California Code of Regulations.
Section 1200(i) defines "school districts" for purposes of the CAHSEE:
"'School districts' includes school districts, county offices of education, and any charter school that does not elect to be part of the school district or county office of education that granted the charter."
Section 1208 requires each "school district" to "maintain documentation that the parent or guardian of each pupil has received written notification as required by Education Code sections
48980(e) and 60850(f)(1)." As noted above, Education Code section 48980 does not apply to community colleges. The SBE regulations also address numerous requirements that fall to school district superintendents, school district examination test site coordinators, and school district test administrators.
It is true that the SBE regulations also address adult students. However, an "eligible adult student," for purposes of the CAHSEE is:
"a person who is enrolled in an adult school operated by a school district and who has not passed either the English/language arts section or the mathematics section of the high school exit examination. This term does not include pupils who are concurrently enrolled in high school and adult school." (Cal. Code Regs,
§ 1200(f), emphasis added.)
Based on this SBE definition, only adult schools operated by school districts are covered by the regulations.
In December 2002, the California Department of Education ("CDE") issued a document entitled
"Questions and Answers About the California High [SIC] Exit Examination (CAHSEE)."
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The CDE addressed adult education as follows:
"Adult Education
Must adult education students graduating in 2004 pass the CAHSEE? What if they started high school in 1990, dropped out, and came back in 2002-03?
Adult education students have to pass the CAHSEE in order to receive a high school diploma in the 2003-04 school year or thereafter. California Code of
Regulations, Title 5, Sections 1205 and 1206, require school districts to maintain a record of all pupils and adult students who participate in the CAHSEE, including whether each pupil or adult student has satisfied the requirement to successfully pass one or both portions of the CAHSEE. Districts are to maintain this information in the pupil or adult student's permanent record.
When do we notify adult education students about the requirement to pass the CAHSEE?
The Education Code only specifies what is considered adequate notice for pupils and transfer pupils in a K-12 program. Education Code Section 52504 requires that 'classes for adults shall conform to any course of study and graduation requirements otherwise imposed by law or under the authority of law.' Schools should notify adult education students of the requirement at the time they enroll in a program leading to a high school diploma." ( Id.
, at p. 5.)
Education Code section 52504, that is referenced above by the CDE, is also contained in the elementary and secondary education portion of the Education Code, as opposed to the postsecondary portion. The adult classes that are referenced in section 52504 are authorized by section 52502, which provides in pertinent part that, "The governing board of a high school or unified school district may establish classes for adults." This does not apply to community colleges. These Education Code sections describe "diplomas" for adults as follows:
"The governing board of a high school district or a unified school district shall have the authority to award diplomas or certificates to adults and eligible minors enrolled in adult schools upon satisfactory completion of a prescribed course of study in an elementary school program." (Ed. Code, § 52508.)
"The governing board of any school district maintaining an adult school shall prescribe the requirements for the granting of the diplomas." (Ed. Code,
§ 52509.)
Based on the foregoing, even though the CDE indicated that adult education students must pass the CAHSEE, SBE regulations address only school district adult education students, and the notice requirements to which the CDE cites do not apply to community colleges.
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There is further evidence that the CAHSEE requirements do not apply to community colleges.
Chapter 3 (Adult Education) of part 6 (Education Programs - State Master Plans) of title 1
(General Education Code Provisions) specifically addresses high school diploma programs, among other adult education programs. These sections were the focus of intense debate in the mid 1990s because certain school districts believed that the sections essentially gave them either exclusive or primary control over adult education programs. The Second District Court of
Appeal disagreed. The Court noted that legislative history verified that community colleges have authority for such programs that is independent of the authority of school districts.
"To summarize, as of the enactment of the Donohoe Higher Education Act in
1991, community colleges are required to offer a broad range of adult education programs. These include lower division college academic and vocational instruction, remedial instruction, (English as a second Language) instruction, adult noncredit instruction and postsecondary support services. This partially overlaps with the definition of "adult basic education" found in Education Code section 8510, subdivision (a), the responsibility for which generally is assigned to the school districts by section 8530. It overlaps completely with the vocational and occupational training mentioned in section 8532 and with the education in special fields in the arts and humanities mentioned in section 8533. Community
Colleges also are strongly encouraged to offer the broad range of other adult education programs covered by section 8533. To the extent that the community colleges are required to provide remedial instruction, there also is some overlap with the high school diploma program covered by section 8531. [¶] Both school districts and community college districts have the authority, power or right to offer the full range of programs." ( Orange Unified School District, et al, v.
Rancho Santiago Community College District (1997) 54 Cal.App.4th 750, 763, emphasis in original.)
Community colleges are authorized to operate their own adult education programs, including high school diploma programs, independent of those offered by school districts under the general authority of the Superintendent of Public Instruction. Education Code section 78401 describes the basic requirements:
"(a) The governing board of any community college district shall have power with the approval of the board of governors to establish and maintain classes for adults for the purpose of providing instruction in civic, vocational, literacy, health, homemaking, technical and general education.
(b) Classes for adults shall conform to any course of study and graduation requirements otherwise imposed by law or under the authority of law.
(c) Classes for adults shall be open for the admission of adults and of any minors who, in the judgment of the governing board, may be qualified for admission thereto.
(d) The board of governors shall establish standards, including standards of attendance, curriculum, administration, and guidance and counseling service for classes for adults as a basis for the several apportionments of state funds provided herein for the support of these classes.
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(e) The governing board of any community college district maintaining an adult school shall prescribe the requirements for the granting of diplomas."
Although subsection (b) requires conformance to graduation requirements imposed by law, the
CAHSEE has not been imposed on community college high school programs. Moreover, subsection (e) places the responsibility for granting diplomas on the governing board of affected community college districts.
Conclusion
Because chapter 9 addresses only school districts and related responsibilities of the
Superintendent of Public Instruction and because community college districts have separate statutory authority for operating high school diploma programs, there is no basis for concluding that the CAHSEE requirements are applicable to the programs offered by community college districts.
As noted at the outset, there are three paths of community college involvement in the issuance of high school diplomas. None of those paths creates an obligation for the respective community college districts to administer the CAHSEE. However, the school districts that either jointly issue the diplomas or that issue diplomas based on classes that are, in part, provided by community college districts may be obligated to administer the examinations, based on how the relevant statutes and regulations affect them as school districts.
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