Date: November 16, 2004
Dear County and District Superintendents, Charter School Administrators, and High School Principals:
Algebra I (Or Its Equivalent) Graduation Requirement For Students With Disabilities
Pursuant to Education Code (EC) Section 56101, some school
districts submitted requests for a waiver of the requirement for
the successful completion of Algebra I (or its equivalent) for specific
students with Individualized Education Programs (IEP) to receive
a high school diploma. The State Board of Education (SBE) approved
these waivers for individual students based on IEPs in the spring
and summer of 2004. Some students’ IEPs were marked on a “diploma
track” however they were not on target to pass Algebra I (or
its equivalent).
The statute requiring students to complete a course in Algebra I
(or its equivalent) prior to receiving a diploma of graduation from
high school is in effect for all students in the class of 2005 and
beyond (EC 51224.5), including students with disabilities.
A student must pass an Algebra I (or its equivalent) course that
meets the content standards adopted by the SBE in order to receive
a high school diploma.
State statute governs the minimum requirements for earning a high
school diploma. A course in Algebra I (or its equivalent) is one
of the state’s requirements. Local boards of education may
not waive state law. The IEP does not govern whether the student
receives a diploma. The IEP describes the supports and services
the district will provide to give students access to the general
education curriculum. Districts should review the IEPs of all students
to ensure that any student intending to graduate with a diploma
is enrolled in Algebra I (or its equivalent).
A district or county office of education governing board or a Special
Education Local Plan Area has a right to file an EC 56101
waiver on a specific waiver form for individual students with the
SBE. However, please recognize that the review and approval of these
waivers will be stringent. Please see the forms and other information
on the Waiver Office web page: http://www.cde.ca.gov/re/lr/wr/index.asp.
Your diligence in ensuring that all students have access to the
general education curriculum is critical. Should you need further
information regarding Algebra I (or its equivalent) graduation requirements
for students with disabilities, see the California Department of
Education web site at http://www.cde.ca.gov/sp/se/fp/algebra1.asp
or contact Jill Larson, Special Education Consultant, Assessment,
Evaluation, and Support Unit at (916) 323-7192, or by e-mail at
jlarson@cde.ca.gov. For
questions on the waiver process or forms, contact Judy Pinegar,
Administrator, Waiver Office at (916) 319-0824 or on the Waiver
Office web site listed above.
Sincerely,
Original signed by Alice Parker. Hard
copy of signed document is available by contacting the Assessment,
Evaluation and Support Unit at (916) 445-4628.
Alice D. Parker, Ed.D.
Assistant Superintendent
Director, Special Education
1430 N Street
Sacramento, CA 95814