Valenzuela Act Information

Valenzuela Act Information - AB 347


TheValenzuelacase is a class action lawsuit filed against the Superintendent of Public Instruction and the State Board of Education alleging that some students, especially those living in poverty, do not have equal opportunity to learn the materials tested on the California High School Exit Examination (CaHSEE), and that some schools do not offer a curriculum fully aligned with state standards and the test. Plaintiffs further assert that the lack of adequate preparation has a disproportionate impact on English learners. The trial court decision in favor of the plaintiffs was reversed on appeal, but with the stipulation that the case be remanded back to the trial court with direction that the parties to the suit reach an agreement that would assure that all students can receive instructional services that prepare them to pass the exam.

New Requirements

AB 347 is an urgency statute that took effect when it was signed by the Governor on October 12, 2007. The bill provides that school districts and county superintendents of schools that participate in the intensive supplemental instruction and services program must now offer students intensive instruction and services for up to two additional years if they have not passed one or both parts of the CaHSEE by completion of the 12th grade. To implement this provision, the bill requires:

  • Posting a notice in the classrooms of schools with grades 10, 11, and 12 informing pupils of their right to receive intensive instruction and services for up to two additional years, or until passage of the exit exam, if they fail to pass the CaHSEE by the end of the twelfth grade.
  • Providing a method as part of the Uniform Complaint Process for students to file a complaint.
  • Providing written notice of eligibility to each pupil that is eligible for continued instructional services after the 12th grade. This notice must be sent to the last known address by the end of each term.
  • Ensuring that eligible pupils have the opportunity to receive intensive instruction and services as needed, and that eligible English learners have services as needed to improve English proficiency.


  • PowerPoint- Valenzuela Settlement Overview, presented by CCSESA on 1/15/2008
  • Valenzuela Implementation Timeline for 2008/09
  • Applicable California Education Code Sections
  • Suggested Process for County Superintendent Documentation Review
  • Legal Opinion on Disclosing Student Information - FERPA Requirements
  • Letter from State Superintendent, October 2007
  • List of Districts Receiving Intensive Instruction and Services Program Funding 2007/08
  • Link to CCSESA Valenzuela web page
  • Frequently Asked Questions

Forms and Templates:

  • LEA Assurances and checklist for Documentation Verification
  • Sample Student Eligibility Letter
  • Sample Student Eligibility Letter (Spanish)
  • Sample Student Eligibility Letter with Option to Decline
  • Sample Student Eligibility Letter with Option to Decline (Spanish)
  • Sample Student Eligibility Posted Notice
  • Sample Student Eligibility Posted Notice (Spanish)
  • Student Data Spreadsheet (Table A)
  • School Level Data Summary (Table B)
  • Districtwide Data Summary (Table C)
  • Sample Uniform Complaint Procedure (UCP) Policy
  • Sample UCP Classroom Notice (English and Spanish)
  • Quarterly Report on Uniform Complaints
  • Sample Student Attendance Tracking Sheet