1. (a) An LEA may submit, on behalf of a pupil who has an IEP or Section 504 Plan, a request through the assessment management system to the CDE, prior to the administration of the ELPAC or the Alternate ELPAC, to allow the use and approval of an unlisted resource. The LEA ELPAC coordinator or the site ELPAC coordinator shall make the request on behalf of the LEA ten business days prior to the pupil's first day of ELPAC testing. The CDE shall respond to the request within four business days from the date of the electronic transmission. Requests must include:

   1. (1) LEA name and county/district/school code;
   2. (2) School/test site and school code;
   3. (3) LEA ELPAC coordinator name, phone number, and email address;
   4. (4) Site ELPAC coordinator name, phone number, and email address;
   5. (5) Statewide Student Identifier(s) for the pupil(s) for which the unlisted resource(s) is/are being requested;
   6. (6) ELPAC test and grade;
   7. (7) If the pupil has an IEP, include the primary disability code and/or designated Section 504 Plan; and
   8. (8) Description of the unlisted resource being requested.
2. (b) The LEA must annually request approval by the CDE for the use of an unlisted resource by a pupil.
3. (c) The use of an unlisted resource by a pupil will not be allowed if the CDE determines its use threatens the security of the test.

4. (d) In addition to determining whether the unlisted resource may be used, the CDE will determine whether the unlisted resource changes the construct being measured by the ELPAC.

   1. (1) If the CDE determines the unlisted resource changes the construct being measured, the unlisted resource will not be approved by the CDE but may still be used by the pupil; although, it will affect the pupil's overall score and that pupil will receive an individual score report.
   2. (2) If CDE determines the unlisted resource does not change the construct being measured, the unlisted resource will be approved. A pupil using an approved unlisted resource will receive an individual score report.
5. (e) Unlisted resources which CDE has determined change the construct being measured for each ELPAC test will be annually set forth in the corresponding TAM.

Note: Authority cited: Sections 313, 33031 and 60810, Education Code. Reference: Section 60640, Education Code; 20 U.S.C. Section 1412; and 34 C.F.R. Sections 200.1, 200.6 and 300.160.

History

1. New section filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 1-17-2020 as an emergency; operative 1-29-2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 1-17-2020 order transmitted to OAL 12-12-2019 and filed 1-27-2020; Certificate of Compliance operative 1-30-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2020, No. 5).

4. Amendment of subsection (a), amendment of subsection (e), repealer of subsections (e)(1)-(6) and amendment of Note filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).