2005 California Education Code Sections 56385 Assessment Programs

56385.  (a) As provided in paragraph (16) of subsection (a) of
Section 1412 of Title 20 of the United States Code, individuals with
exceptional needs shall be included in general statewide and
districtwide assessment programs, including assessments described
under Section 1111 of the Elementary and Secondary Education Act of
1965 (20 U.S.C.  Sec. 6301 et seq.), with appropriate accommodations
and alternate assessments where necessary and as indicated in their
respective individualized education programs.
   (b) The Superintendent, or in the case of a districtwide
assessment, the local educational agency, shall develop and implement
guidelines for the participation of individuals with exceptional
needs in alternate assessments for those pupils who cannot
participate in regular assessments described in subdivision (a) with
accommodations as indicated by their respective individualized
education programs. The guidelines shall provide for alternate
assessments that meet the following requirements:
   (1) Are aligned with the state's challenging academic content
standards and challenging pupil academic achievement standards.
   (2) If the state has adopted alternate academic achievement
standards permitted under the regulations promulgated to carry out
paragraph (1) of subsection (b) of Section 1111 of the Elementary and
Secondary Education Act of 1965, measure the achievement of
individuals with exceptional needs against those standards.
   (c) The department, or in the case of a districtwide assessment,
the local educational agency, shall make available to the public
reports regarding the assessment of pupils that have been identified
as individuals with exceptional needs with the same frequency and in
the same detail as it reports on the assessment of pupils that have
not been so identified, in accordance with subparagraph (D) of
paragraph (16) of subsection (a) of Section 1412 of Title 20 of the
United States Code.
   (d) The Superintendent, or, in the case of a districtwide
assessment, the local educational agency, shall, to the extent
feasible, pursuant to subparagraph (E) of paragraph (16) of
subsection (a) of Section 1412 of Title 20 of the United States Code,
use universal design principles in developing and administering any
assessments under this section.