Date

Date: October 16, 2006

Subject: Information Sharing Letter from the Director of the Standards and Assessment Division

On September 29, 2006, Governor Schwarzenegger signed Senate Bill (SB) 267, which enacted Education Code Section 60852.4 and provides a one-year exemption of the requirement to pass the California High School Exit Examination (CAHSEE) for certain students with disabilities in the class of 2007. This bill is very similar to SB 517, which provided a similar exemption of the CAHSEE requirement to students in the class of 2006.

There are a few differences between the two bills, so I encourage you to review the full text of this bill which is available online at: http://www.leginfo.ca.gov/bilinfo.html. Below is a summary of the conditions that must exist for a student to be eligible for the SB 267 one-year exemption:

The pupil has an operative individualized education program (IEP) adopted pursuant to the federal Individuals with Disabilities Education Act or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973.
The IEP or Section 504 plan of the pupil, which is dated on or before July 1, 2006, indicates that the pupil has an anticipated graduation date, and is scheduled to receive a high school diploma on or before December 31, 2007.
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 on or before December 31, 2007.
The pupil has attempted to pass the CAHSEE sections not yet passed at least twice after grade 10, including at least once during the current grade 12 year of the pupil, with the accommodations or modifications, if any, specified in the IEP or the Section 504 plan of the pupil.
Either (i) the pupil received remedial or supplemental instruction focused on the CAHSEE sections not yet passed from his or her school, private tutoring, or another source, or (ii) the school district or state special school failed to provide the pupil with the opportunity to receive that remedial or supplemental instruction.
If the pupil received remedial or supplemental instruction as described in item 5; the pupil has taken the CAHSEE sections not yet passed at least once following the receipt of that remedial or supplemental instruction.
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 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.

This new law, which takes effect January 1, 2007, also requires school districts to report to the State Superintendent of Public Instruction information pertaining to the exemptions provided.

Below are several important points regarding the CAHSEE requirement and SB 267:

The exemption provided by SB 267 is the only exemption available to students in the class of 2007 for the CAHSEE.
Any student who does not meet the requirements set forth in this new law must satisfy the CAHSEE requirement, in addition to meeting all other graduation requirements, to receive a public high school diploma.
Students who meet all of the requirements for the one-year exemption still have the right to take the CAHSEE and receive remediation and supplemental instruction for any part of the exam not yet passed.
If a student meets all of the requirements for the one-year exemption, but still wishes to take the CAHSEE and participate in remediation and supplemental instruction for any part of the exam not yet passed, the school district must permit the student to do so.
Before determining if a student with disabilities should not participate in a CAHSEE administration, school districts are strongly encouraged to officially certify for their records that the student has met all of the requirements for this one-year exemption.

Please share this letter with any school and district staff members who work with students with disabilities.

In order to facilitate a review of the eligibility criteria by school districts, the CDE is developing a form that can be used to document a school district's decision. This form will be developed and transmitted to school districts sometime in early 2007.

If you have any questions about SB 267 or the CAHSEE, please contact the CDE's CAHSEE Office at (916) 445-9449.