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Letter Head: Jack O'Connell, State Superintendent of Public Instruction, Phone number 916-319-0800

February 2, 2007

Dear District Testing Coordinators:

Eligibility Verification Form for the CAHSEE Exemption
for Students with an Individualized Education Program or
Section 504 Plan in the Class of 2007

Education Code Section 60852.4 (Senate Bill 267) requires all local educational agencies (LEAs), including, school districts, charter schools and state special schools, to grant a high school diploma to each student with disabilities who is scheduled to graduate from high school in 2007, has not passed the California High School Exit Examination (CAHSEE), has not been granted a local waiver of the CAHSEE requirement pursuant to Education Code Section 60851(c), and has met each of the seven criteria listed below:

  1. The pupil has an operative individualized education program (IEP) adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 (a)).
  2. The IEP or the Section 504 plan of the pupil, that is dated on or before July 1, 2006, indicates that the pupil has an anticipated graduation from high school on or before December 31, 2007.
  3. The school district or state special school certifies that the pupil has satisfied or will satisfy all other state and local requirements for the receipt of a high school diploma by December 31, 2007.
  4. The pupil has attempted to pass those sections not yet passed of the CAHSEE at least twice after grade ten, including at least once during the current grade twelve year of the pupil, with the accommodations or modifications, if any, specified in the pupil’s IEP or Section 504 Plan of the pupil.
  5. Either (A) the pupil has received remedial or supplemental instruction focused on those sections not yet passed of the CAHSEE from his or her school, private tutoring, or another source, or (B) the school district or state special school failed to provide the pupil with the opportunity to receive that remedial or supplemental instruction.
  6. If the pupil received remedial or supplemental instruction as described above, the pupil has taken those sections not yet passed of the CAHSEE at least once following the receipt of that remedial or supplemental instruction. This subparagraph does not apply if following the receipt of that remedial or supplemental instruction, there is no further administration of the examination on or before December 31, 2007.
  7. No later than 30 days prior to the receipt of a diploma in 2007, the pupil, or the parent or legal guardian of the pupil if the pupil is a minor, has been notified in writing pursuant to Section 300.503 of Title 34 Code of Federal Regulations that the pupil is entitled to receive free appropriate public education up to and including the academic year during which the pupil reaches the maximum age pursuant to subdivision (c) of section 56026, or until the pupil receives a high school diploma, whichever event occurs first.

Attached is a form designed to assist LEAs to determine and document students’ eligibility for the CAHSEE exemption. The use of this form is recommended, but is not mandatory.

Directions for Completion of the Eligibility Verification Form:

Please complete the attached form for each student with an IEP or Section 504 Plan dated on or before July 1, 2006, who:

  • is scheduled to receive a diploma in 2007
  • has not passed the CAHSEE
  • has not been granted a waiver of the CAHSEE requirement pursuant to Education Code Section 60851(c)

If the student satisfies all of the requirements listed on the form, it is recommended that the completed form in the student’s permanent record as evidence of the student’s eligibility for this exemption.  No documentation should be submitted to the State Board of Education (SBE) if the student meets the criteria for the exemption.

If the student does not satisfy one or more of the requirements on the form, provide a detailed description of the LEA’s justification for not granting the exemption. Attach additional pages to the form if necessary.

This form and supporting documentation must be submitted to the SBE within 15 days of the determination that the student does not meet the criteria for this exemption.  In order to maintain student confidentiality, please remove all student/family names on all documents and replace with a substitute identifier.  Please use the same substitute identifier on all documents.

Submit this form and supporting documentation for each denial of the CAHSEE Exemption to:

State Board of Education
c/o CDE Standards and Assessment Division
CAHSEE Exemption Review
1430 N Street, Suite 5408
Sacramento, California 95814

If you have any questions about the CAHSEE, including questions about the CAHSEE exemption, please contact the CDE’s CAHSEE Office at 916-445-9449.

Sincerely,

/S/

Deb Sigman, Director
Standards and Assessment Division

DS:mt
Attachment

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