2007 Special Education Exemption for Certain Students with Disabilities

On September 29, 2006, Governor Schwarzenegger signed Senate Bill 267 which enacted Education Code Section 60852.4. This law provides an exemption of the requirement to pass the CAHSEE for students with disabilities scheduled to receive a diploma on or before December 31, 2007, if the following conditions are met:

 

1. The student has an individualized education program (IEP) or Section 504 plan. 

 

2. According to the IEP or Section 504 Plan, which is dated on or before July 1, 2006, the student is scheduled to receive a high school diploma with an anticipated graduation from high school on or before December 31, 2007.

 

3. The school district or state special school certifies that the student 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.

 

4. The student has attempted to pass the parts of the CAHSEE not yet passed at least twice after grade ten, including at least once during grade twelve (CW please note, this means in October of this year), with the accommodations or modifications, if any, specified in his or her IEP or Section 504 Plan.

 

5. The student has received remedial or supplemental instruction focused on the CAHSEE either through the school of the student, private tutoring, or another source, or (B) the school district or state special school failed to provide the student with the opportunity to receive that remedial or supplemental instruction. (Please note, our school requires that they receive remediation, so B is not an option.)

 

6. If the student received remedial or supplemental instruction, the student

has taken the parts of the CAHSEE not yet passed at least once following the receipt of that remedial or supplemental instruction.

 

7. No later than 30 days prior to the receipt of a diploma in 2007, the student, or the parent or legal guardian of the student if the student is a minor, has been notified in writing that the student is entitled to receive free appropriate public education up to and including the academic year during which the student reaches age 22, or until the student receives a high school diploma, whichever event occurs first.

 

If you have a student that meets the above requirements, who has met all of CW graduation requirements except for passing the CAHSEE, send the email described below to Maria Carr prior to submitting your grad packet to your Advisor.  Attach a copy of the email to the grad packet. Email Maria Carr (mcarr@ieminc.org) with the following information and she will take care of informing the state as required:

1.       Student’s name and their intent to graduate on (date)

2.       The dates of their CAHSEE attempts, with the results of that attempt (Must be at least 2 here as defined above)

3.       The school required remediation they did in the area they did not pass.  Include a date range in which they did their remediation work.

4.       The final CAHSEE date with results (if they are back—if not, just when they attempted the test) that was done after remediation listed in #5.