Title 5. Education.Division 6. California Community Colleges.Chapter 6. Curriculum and Instruction.Subchapter 6. Matriculation Programs.Article 3. Matriculation Services. Assessment
(a) The Chancellor shall establish and update, at least annually, a list of approved assessment tests for use in placing students in English, mathematics, or English as a Second Language (ESL) courses and guidelines for their use by community college districts. When using an English, mathematics, or ESL assessment test for placement, it must be used with one or more other measures to comprise multiple measures.
(1) Districts and colleges are required to use the Chancellor's guidelines for the validation of all assessment tests used for placement to ensure that they minimize or eliminate cultural or linguistic bias and are being used in a valid manner. Based on this evaluation, the district or college shall determine whether any assessment test, method, or procedure has a disproportionate impact on particular groups of students, as defined by the Chancellor. When there is a disproportionate impact on any such group of students, the district or college shall, in consultation with the Chancellor, develop and implement a plan setting forth the steps the district will take to correct the disproportionate impact.
(2) The Chancellor may identify other measures of a student's college readiness that community college districts may use for student placement into the college's curriculum.
(b) Each community college district shall adopt procedures that are clearly communicated to students, regarding the college's sample test preparation, how the student test results will be used to inform placement decisions, and the district's limits on the student's ability to re-test.
(c) Community college districts shall not, except as provided in subdivision (d), do any of the following:
(1) use an assessment test for placement which has not been approved by the Chancellor pursuant to section 55522, except that the Chancellor may permit limited field-testing, under specified conditions, of new or alternative assessment tests;
(2) use any assessment test in a manner or for a purpose other than that for which it was developed or has been otherwise validated;
(3) use any assessment test process to exclude any person from admission to a college, except that a college may determine the admission of special part-time or full-time students under Education Code section 76002 based on an assessment which involves multiple measures and complies with other requirements of this subchapter; or
(4) use any assessment test, method, or procedure to exclude students from any particular course or educational program, except that districts may establish appropriate prerequisites pursuant to sections 55002 and 55003.
(5) use any Student Success and Support Program practice which has the purpose or effect of subjecting any person to unlawful discrimination prohibited by subchapter 5 (commencing with section 59300) of chapter 10.
(d) Notwithstanding the provisions of subdivision (c)(1) and (2), assessment tests approved by the Secretary of the United States Department of Education may be used to determine ?ability to benefit? in the process of establishing a student's eligibility for federal financial aid pursuant to title 20 United States Code section 1091(d).
(e) Notwithstanding paragraphs (1), (2), (3) or (5) of subdivision (c) or the provisions of sections 55003 or 55522, a community college district may use an assessment test to select students for its nursing program, provided that:
(1) the district complies with all other provisions of this subchapter;
(2) the assessment test or other measures are used in conjunction with other assessment test, methods, or procedures to select students for enrollment in the nursing program; and
(3) the Chancellor has determined that the assessment test predicts likelihood of success in nursing programs, has approved use of the assessment test for that purpose and has established statewide proficiency cut-off scores for that test pursuant to Education Code section 78261.
Government Code 11138
Education Code 66700
Education Code 70901
Government Code 11135
Education Code 72011
Education Code 76002
Education Code 78211
Education Code 78212
Education Code 78213
Education Code 78261
(Amended by Register 2013, No. 38.)