Cal. Code Regs. tit. 5 § 850

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 850 - Definitions

For the purposes of these regulations, the following terms shall have the following meanings:

(a) "Accommodations" means resources documented in a pupil's individualized education program (IEP) or Section 504 Plan which the pupil regularly uses in the classroom for instruction and/or assessments(s) and that are either utilized in the assessment environment or consist of changes in procedures or materials that increase equitable access during the assessment. Accommodations cannot fundamentally alter the comparability of achievement test scores.

(b) "Achievement tests" means any summative standardized test that measures the level of performance that a pupil has achieved on state-adopted content standards.

(c) "Adaptive engine" refers to the mechanism utilized in a computer-adaptive assessment that selects the difficulty of grade-level test questions throughout an assessment based on pupil responses.

(d) "Alternate assessments" are any CAASPP achievement tests as provided in Education Code section 60640(k) and the test materials developed to measure the level of performance for pupils with the most significant cognitive disabilities who are unable to take the consortium summative assessments in English language arts (ELA) and mathematics pursuant to Education Code section 60640(b)(1) or are unable to take an assessment of science pursuant to Education Code section 60640(b)(2), even with resources.

(e) "Assessment management system" means the test operations management system which is a set of web applications that manage the registration of pupils for tests, machine or hand scoring of test items, integration of item scores into an overall test score, and delivery of scores to the data warehouse.

(f) "Assessment technology platform" means the underlying computer systems on which CAASPP applications run. It is comprised of two components, the assessment management system and the test delivery system.

(g) "California Alternate Assessments (CAAs)" are the alternate assessments and corresponding test materials in ELA, mathematics, and science as provided for in Education Code section 60640(k) for pupils with the most significant cognitive disabilities. The CAAs are the successor alternate assessments for ELA, mathematics, and science as identified in Education Code section 60640(b)(3).

(h) "California Spanish Assessment (CSA)" is the primary language assessment and corresponding test materials in Spanish for Reading Language Arts/Literacy pursuant to Education Code section 60640(b)(5)(E) and (j).

(i) "California Science Test (CAST)" is the assessment and corresponding test materials for science pursuant to Education Code section 60640(b)(2)(B) that measures the degree to which pupils are achieving the state-adopted standards in science pursuant to former Education Code section 60605.85.

(j) "Change of construct" means a modification of the concept or skills being tested that fundamentally alters the meaning and comparability of achievement test scores.

(k) "Data Warehouse" means a comprehensive storehouse of test registrations and results and a system to generate reports on, or extracts of, that data.

(l) "Designated supports" are resources which the pupil regularly uses in the classroom for instruction and/or assessment(s) and that are available for use by any pupil for whom the need has been indicated, prior to the assessment administration, by an educator or a team of educators (with parent/guardian and pupil input as appropriate) or specified in the pupil's IEP or Section 504 Plan.

(m) "Instructional supports" are all supports, including those supports documented in a pupil's IEP or Section 504 Plan, that may be used in daily instruction and for assessment(s), including language and physical supports.

(n) "Local educational agency (LEA)" means a county office of education, school district, state special school, or direct-funded charter school as described in Education Code section 47651. LEA superintendent, for purposes of these regulations, includes an administrator of a direct-funded charter school.

(o) "Nonpublic schools (NPS)" are nonpublic, nonsectarian schools as set forth in Education Code section 56034.

(p) "Operational" means a test administration that produces valid and reliable results which are used for public reporting purposes and for which pupil score reports are required to be issued, pursuant to Education Code sections 60640 and 60641. Operational tests do not include tests still under development, such as pilot or field tests.

(q) "Primary language assessment" means a test as provided in Education Code section 60640(b)(5)(E) and (j) and its corresponding test materials in each primary language for which a test is available.

(r) "Pupil" refers to a student enrolled in a California public school.

(s) "Pupils with the most significant cognitive disabilities" means pupils with a disability or disabilities as defined under title 20 United States Code section 1401(3) that significantly impact(s) cognitive functioning and adaptive behavior and who require extensive, direct individualized instruction and substantial supports to achieve measurement on academic standards, provided that:

(1) The identification of a pupil as having a particular disability as defined in IDEA shall not determine whether or not a pupil is a pupil with the most significant cognitive disabilities; and

(2) A pupil with the most significant cognitive disabilities must not be identified as such based solely on the pupil's previous low academic achievement or the pupil's previous need for accommodations to participate in general statewide or local assessments.

(3) For purposes of this definition, "adaptive behavior" means behavior essential for someone to live independently and to function safely across three domains of daily life skills: conceptual (e.g., language, functional academics, self-direction, money management, and time concepts); social (e.g., interpersonal skills, responsibility, self-esteem, wariness/naivete, follow rules, etiquette, and social problem solving); and practical (e.g., activities of daily living, occupational skills, safety, healthcare, and travel).

(t) "Recently arrived English learner" means a pupil designated as an English Learner (EL) who is in their first 12 months of attending a school in the United States as specified in Education Code section 60603(v), as determined after April 15th of the previous school year.

(u) "Registration system" means the mechanism that provides administrators with the tools to manage users and pupils participating in CAASPP computer-based assessments. The system uses a role-specific design to restrict access to certain tasks based on the user's designated role as well as manage pupils' default test settings, designated supports, and accommodations.

(v) "Remote test session" means a test session administered through an online system where either the student(s) or the test administrator/test examiner is not on-site.

(w) "Resource(s)" refers to a universal tool, designated support, accommodation or an unlisted resource approved pursuant to section 854.9. Resources (including approved unlisted resources) do not change the construct of the assessment.

(x) "Scribe" is an employee of the LEA or a person assigned by an NPS to implement a pupil's IEP who has electronically agreed to a CAASPP Test Security Affidavit and has received training to transcribe a pupil's responses to the format required by the test. A pupil's parent, guardian, or sibling is not eligible to be the pupil's scribe.

(y) "Significant medical emergency" is a significant injury, trauma, or illness (mental or physical) that precludes a pupil from taking the achievement tests. An injury, trauma, or illness is significant if the pupil has been determined by a licensed physician to be unable to participate in the tests.

(z) "Test Administration Manual (TAM)" means the instructions provided by the CAASPP contractor or consortium for the purpose of training and administration of the respective CAASPP tests and which must be adhered to in order to ensure the security of valid and reliable tests and the reporting of accurate results.

(aa) "Test administrator" is an employee or contractor of an LEA or an NPS who has electronically agreed to a CAASPP Test Security Affidavit and has received training to administer the CAASPP achievement tests.

(ab) "Test delivery system" consists of the electronic systems used to display test items through an adaptive engine; accept and store item responses; score items; and restrict access to outside sources. The test delivery system includes technology required to administer computer-based tests.

(ac) "Test examiner" is an employee or contractor of an LEA or an NPS who has electronically agreed to a CAASPP Test Security Affidavit and has received training to administer the CAA tests. A test examiner must be a certificated or licensed LEA staff member.

(ad) "Test materials" include, but are not limited to, administration manuals, administrative materials, assessment management system, practice tests, scratch paper, and test answer documents.

(ae) "Test proctor" is an employee of an LEA, or a person assigned by an NPS, to implement a pupil's IEP or Section 504 Plan, who has electronically agreed to a CAASPP Test Security Affidavit and has received training designed to prepare him or her to assist the test examiner in the administration of tests.

(af) "Track" is a type of attendance or instructional schedule for schools with year-round education programs pursuant to Education Code section 37670.

(ag) "Translator" is a person who has been assigned to translate the test directions into the pupil's primary language pursuant to section 854.5, who has electronically agreed to a CAASPP Test Security Affidavit as identified in section 859(d), and who has received training specifically designed to prepare him or her to assist the test administrator or test examiner in the administration of the assessments pursuant to Education Code section 60640. A pupil's parent, guardian, or sibling is not eligible to be the pupil's translator. A translator must be:

(1) an employee of an LEA;

(2) an employee of the NPS; or

(3) a person supervised by an employee of an LEA or an employee of the NPS.

(ah) "Universal tools" are resources of the CAASPP tests that are available to all pupils.

(ai) "Unlisted resource(s)" means an instructional support that a pupil regularly uses in daily instruction and/or assessment that has not been previously identified as a universal tool, designated support or accommodation. Because an unlisted resource has not been previously identified as a universal tool, designated support or accommodation, it may or may not change the construct of the assessment.

Cal. Code Regs. Tit. 5, § 850

1. New subchapter 3.75 (sections 850-874) and section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 3.75 (sections 850-874) and section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. New article 1 heading, amendment of subsection (c), new subsections (g)-(h) and amendment of NOTE filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order, including amendment of NOTE, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of subsections (a), (c) and (f), repealer of subsections (g)-(h) and amendment of NOTE filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Repealer of subsection (d), subsection relettering, new subsections (f)(1)-(g) and amendment of NOTE filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
10. Amendment of subsections (a), (f)(1) and (g), new subsections (h)-(m) and amendment of NOTE filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
11. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
12. Amendment of section and NOTE filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
13. Amendment of section and NOTE filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
14. Amendment of subchapter heading, repealer and new section and amendment of NOTE filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subchapter heading, repealer and new section and amendment of NOTE refiled 7-23-2014 as an emergency; operative 7-23-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-21-2014 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 7-23-2014 order, including amendment of subsection (a), repealer of subsection (b), subsection relettering, new subsection (c), amendment of subsection (d), new subsections (e), (j), (o), (t), (v), (w) and (ab), repealer of subsection (i), subsection relettering, amendment of newly designated subsections (f), (i), (k), (l), (m), (p), (q), (u), (x), (aa) and (ac)-(ag), and amendment of NOTE, transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8-27-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
17. Amendment of section and NOTE filed 11-23-2015 as an emergency; operative 11-23-2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-23-2016 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 11-23-2015 order, including amendment of subsections (t), (v), (aa) and (ai), transmitted to OAL 4-6-2016 and filed 5-18-2016; amendments effective 5-18-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 21).
19. Amendment of section and NOTE filed 1-25-2018; operative 1-25-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 4).
20. Amendment of subsections (z), (ac), (ae), (ag), (ai) and (ak) and amendment of NOTE filed 1-31-2019 as an emergency; operative 1-31-2019 (Register 2019, No. 5). A Certificate of Compliance must be transmitted to OAL by 7-30-2019 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 1-31-2019 order transmitted to OAL 5-30-2019 and filed 7-11-2019 (Register 2019, No. 28).
22. Amendment of subsection (h), repealer of subsections (m)-(n), (q) and (ab)-(ac), new subsection (v), subsection relettering and amendment of newly designated subsections (q) and (t) filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).

Note: Authority cited: Sections 33031, 60605 and 60640, Education Code. Reference: Sections 306, 37670, 47605, 47605.8, 47651, 56034, 60603, 60604, 60605, 60615, 60640, 60641, 60642.5 and 60642.6, Education Code; 20 U.S.C. 1401(3) and 6311(b)(1)(E); and 34 C.F.R. Sections 200.1 and 300.160.

1. New subchapter 3.75 (sections 850-874) and section adopted by the State Board of Education and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 3.75 (sections 850-874) and section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42).
4. New article 1 heading, amendment of subsection (c), new subsections (g)-(h) and amendment of Note filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-26-98 order, including amendment of Note, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15).
6. Amendment of subsections (a), (c) and (f), repealer of subsections (g)-(h) and amendment of Note filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 2000, No. 21).
8. Repealer of subsection (d), subsection relettering, new subsections (f)(1)-(g) and amendment of Note filed 11-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 2001, No. 19).
10. Amendment of subsections (a), (f)(1) and (g), new subsections (h)-(m) and amendment of Note filed 2-3-2004; operative 2-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
11. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34).
12. Amendment of section and Note filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45).
13. Amendment of section and Note filed 4-13-2011; operative 5-13-2011 (Register 2011, No. 15).
14. Amendment of subchapter heading, repealer and new section and amendment of Note filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subchapter heading, repealer and new section and amendment of Note refiled 7-23-2014 as an emergency; operative 7-23-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-21-2014 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 7-23-2014 order, including amendment of subsection (a), repealer of subsection (b), subsection relettering, new subsection (c), amendment of subsection (d), new subsections (e), (j), (o), (t), (v), (w) and (ab), repealer of subsection (i), subsection relettering, amendment of newly designated subsections (f), (i), (k), (l), (m), (p), (q), (u), (x), (aa) and (ac)-(ag), and amendment of Note, transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8/27/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
17. Amendment of section and Note filed 11-23-2015 as an emergency; operative 11/23/2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-23-2016 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 11-23-2015 order, including amendment of subsections (t), (v), (aa) and (ai), transmitted to OAL 4-6-2016 and filed 5-18-2016; amendments effective 5-18-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 21).
19. Amendment of section and Note filed 1-25-2018; operative 1/25/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 4).
20. Amendment of subsections (z), (ac), (ae), (ag), (ai) and (ak) and amendment of Note filed 1-31-2019 as an emergency; operative 1/31/2019 (Register 2019, No. 5). A Certificate of Compliance must be transmitted to OAL by 7-30-2019 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 1-31-2019 order transmitted to OAL 5-30-2019 and filed 7/11/2019 (Register 2019, No. 28).
22. Amendment of subsection (h), repealer of subsections (m)-(n), (q) and (ab)-(ac), new subsection (v), subsection relettering and amendment of newly designated subsections (q) and (t) filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).