January 19, 2006
State Schools Chief Announces Legislative Solution
to Dispute Over Special Education
Students Taking the High School Exit Exam
SACRAMENTO — State Superintendent of Public Instruction Jack O'Connell today joined Secretary of Education Alan Bersin, Senate Majority Leader Gloria Romero, Assemblywoman Karen Bass, and State Board of Education Chief Counsel Paul Seave in announcing that legislation has been introduced reflecting an agreement regarding special education students and the California High School Exit Exam.
"This bill, SB 517 by Senator Romero, will uphold the integrity of the California High School Exit Exam and at the same time, give our schools more time to provide special education students with the skills necessary to pass the exam," O'Connell said.
The bill reflects the terms of a settlement reached last year in the case of Chapman, et al v. the California Department of Education, the Superintendent of Public Instruction, and the State Board of Education.
That lawsuit sought to delay the consequences of the California High School Exit Exam (CAHSEE) for students with disabilities in the class of 2006.
SB 517 exempts students with disabilities from the requirement of passing the exam under certain circumstances. The delayed requirement is in effect for one year only and applies only to students with disabilities who have been identified to be on a diploma track for graduation in 2006.
To be granted a diploma, these students must have had an individualized education program (IEP) as of July 1, 2005, and have completed or be about to complete all other state and local graduation requirements in 2006. They must have taken the exit exam at least twice after tenth grade, including once during their senior year with any accommodation or modification specified in their IEPs.
"I continue to believe that for all students, a high school diploma should signify the acquisition of skills necessary to succeed in the world beyond graduation," O'Connell said.
"About half of our special education students are on track to pass the exit exam. It would be a huge disservice to them, and to the significant number of students that I am convinced will be able to pass the exam, to expect less of them in the future. Those special education students who are on a path toward high school graduation should be given the same high-quality education as all of our students. Over the next year, I will work with the Legislature and the Schwarzenegger Administration to see how we can best help these students succeed in meeting all graduation requirements."
SB 517 also requires that the school district or state special school granting a diploma to a special education student who has not passed the CAHSEE must certify whether the pupil has been provided with remedial or supplemental instruction focused on the exam.
The State Board of Education will be required to review any failure to grant a high school diploma by a school district or state special school. The school district or state special school must submit documentation of the failure to grant a high school diploma within 15 days of the determination that the student with the disability does not meet the criteria specified in the legislation.
School districts must report to the Superintendent on the procedures used to implement this process and the number of pupils granted diplomas.
