Ed. Code, § 313.5

(a) (1) The Legislature finds and declares that California has established alternate coursework and performance tasks for educators to use for pupils with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.

(2) It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.

(b) (1) Commencing July 1, 2028, and subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency if all of the following are true for the pupil:

(A) Received English language development instruction that would reasonably be expected to result in English proficiency but has not achieved the proficiency level required for purposes of reclassification on the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.

(B) Used all designated supports and accommodations and any domain exemptions in accordance with the pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).

(C) Scored an overall performance level that is one level below the level established by the state board for purposes of reclassification on the most recent administration of the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, received any score on the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.

(2) (A) (i) If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate pupil work and performance tasks developed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department as described in subparagraph (B). Documentation of a determination made pursuant to this clause shall be recorded in the pupil’s individualized education program.

(ii) The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.

(B) A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving a report, the department shall record any pupils in the appropriate data systems as reclassified.

(c) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school for the blind or the deaf.