Students with Disabilities

CAHSEE Exemption Applies Retroactively to Students with Disabilities Denied a Diploma between 1/1/08 - 7/1/09

Dear Friends and Family Caregivers,

Act now. Students with Individualized Education Plans (IEPs) or 504 Plans of Accommodation who completed all graduation requirements, except passing the CA High School Exit Exam (CAHSEE), and received a Certificate of Completion rather than a full High School Diploma in 2008 or 2009, are retroactively eligible for the CAHSEE exemption. Such eligible students with disabilities may re-enroll and then receive their full High School Diploma, provided they have met all other state and local requirements for high school graduation.

Beginning in the 2009 – 10 school year, California Education Code (EC) § 60852.3 provides an exemption from meeting the CAHSEE requirement as a condition of receiving a diploma for eligible students with disabilities who have an IEP or 504 Plan. EC Section 60852.3 states that any student with disabilities (any type of disability, for any duration) who has an IEP or 504 plan, and has satisfied or will satisfy all state and local requirements for receipt of a high school diploma, is exempt from meeting the CAHSEE requirement as a condition of graduation. See "Change to CA Education Code for Students with Disabilities" August 25, 2009: www.cde.ca.gov/ta/tg/hs/cahseeABx4.asp

A January 6, 2010 letter from the CA Department of Education (CDE) and State Superintendent of Public Instruction Jack O'Connell, with Frequently Asked Questions (FAQ), explains that this CAHSEE exemption also applies retroactively to students with disabilities who were denied their diploma only because they could not pass the CAHSEE.

Read the letter and FAQ carefully to understand how to re-enroll a student with a disability to receive their diploma. Print the 1/6/10 CDE letter and FAQ, or email the link to those who need to see it and act on it. This information may not be widely known. You may need to share this document with your local school educators and administrators so that they understand this very important opportunity and understand how to grant a diploma for eligible students. Encourage your school district to reach out to 2008 and 2009 students with disabilities who were denied a diploma because of the CAHSEE - we want to ensure that these students have the CDE information and can act on it to receive their diplomas.

Do students with disabilities have to take the CAHSEE now? Yes, but . . .

NCLB Requirement – Under the federal No Child Left Behind (NCLB) law, the CDE must ensure that students with disabilities are included in NCLB accountability measures, which include standardized testing. Thus, all 10th grade students, regardless of disability, must participate in the CAHSEE to satisfy Adequate Yearly Progress (AYP) requirements to comply with NCLB. The exemption from passing the CAHSEE for purposes of receiving a diploma of graduation does not affect the requirement to take the CAHSEE in 10th grade.

Note: Students with significant cognitive disabilities who participate in the California Alternate Performance Assessment (CAPA) satisfy participation in AYP and do not take the CAHSEE in 10th grade.

While it is not required, the CDE is also encouraging students with disabilities to continue to take the CAHSEE with appropriate instructional support, as addressed in the student's IEP or 504 Plan, until the student meets proficiency standards.

For the latest information about CAHSEE testing variations (accommodations and modifications), read the December 3, 2009 CDE "Testing Regulations" document. Scroll to this section: "Article 3. CAHSEE Testing Variations/Accommodations/Modifications/Waivers."

You can waive the standardized test requirement. Local school districts have processes in place for any parent to waive their children from taking state standardized tests, although school districts discourage parents from doing this. If you do not wish your child with a disability to take the CAHSEE in the 10th grade, contact your local educators and administrators to learn about the process for waiving standardized testing. Ask about any consequences that could affect your school or your student. Schools that do not meet their standardized exam participation rates can suffer consequences under NCLB. If the CAHSEE exemption is changed or eliminated, students with disabilities who opted out might not be prepared to pass this exam.

The CAHSEE exemption could change or be eliminated in the future through CA legislative action. CAHSEE requirements have gone through many changes and legal challenges since the high stakes test came into being in CA. Check the CDE CAHSEE website frequently to stay up to date.

If you have questions, the CDE encourages you to contact them at 916-445-9449 or email cahsee@cde.ca.gov. A 2009 DREDF Special EDition addressed other issues around the CAHSEE exemption.

UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.

For more training opportunities, see DREDF Upcoming Events.

Understanding the Special Education Process
An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month, except August
Next Offered: April 12, 2010
Time: 6:30 - 9:00 pm (Pizza included!)
Where: DREDF, 2212 Sixth St, Berkeley, CA To Register: Contact Katie at (510) 644-2555 or kkeil@dredf.org

Understanding the Special Education Process
A workshop presented by Education Advocate Ann McDonald-Cacho on special education laws and processes.
To register: Diane Casey, Inclusion and Family Resource Specialist, WarmLine Family Resource Center, dcasey@cityofdavis.org.
Who: A workshop for parents and caregivers, put on by the Yolo County SELPA and WarmLine Family Resource Center.
When: Monday, April 19, 2010
Time: 7:00 pm - 9:30 pm
Where: Davis Senior Center, 646 A St, Davis, CA

Behavioral Assessments
Research shows that if educators have the knowledge and expertise to provide appropriate positive behavioral support interventions, behavior challenges are avoided and learning increases. Learn about behavior interventions, new discipline provisions under IDEA 2004, and children's rights in a presentation by Education Advocates Ann McDonald-Cacho and Cheryl Theis for the Fremont Special Education Parent Teacher Association.
Questions: Contact Robin Chiang, rcchiang@yahoo.com, or Feda Almaliti, feda77@gmail.com.
Who: A workshop for parents and caregivers, put on by the Fremont SEPTA.
When: Monday, April 26, 2010
Time: 6:30 pm - 9:00 pm
Where: FUSD Board Room, 4210 Technology Drive, Fremont, CA

Understanding the Special Education Process
A workshop presented by Education Advocate Cheryl Theis on special education laws and processes for parents and caregivers at Family Builders.
To register: contact Abby Williams, 510-272-0204, awilliams@familybuilders.org.

Who: A workshop for parents and caregivers, put on by Family Builders.
When: Tuesday, May 4, 2010
Time: 6:00 pm - 8:00 pm
Where: Family Builders Office, 401 Grand Ave. #400, Oakland, CA 94610

Special Education Advocacy for Kinship Caregivers
A workshop presented by Education Advocate Cheryl Theis on special education laws and processes.
To register: Anne Loyola, FKCE Program Director, 925.371.3872, aloyola@laspositascollege.edu
Who: A workshop for parents and caregivers, put on by the Chabot College Foster & Kinship Care Education (FKCE) Program.
When: Saturday, May 15, 2010
Time: 9:30 am - 1:00 pm
Where: Chabot College

Transition to Adulthood
A workshop presented by Education Advocate Cheryl Theis on what IDEA requires in a transition plan, when and how to start planning, how to work effectively with the IEP team, what tools and supports are available, the difference between a High School Diploma and a Certificate of Completion, what the "Age of Majority" is, how to bring other agencies into the process, and what post-secondary measurable outcomes are and how to use them.
To register: Contact Diane Casey, Inclusion and Family Resource Specialist, WarmLine Family Resource Center, dcasey@cityofdavis.org.

Who: A workshop for parents and advocates of children with disabilities 14-21 and students 14+, put on by the Yolo County SELPA and WarmLine Family Resource Center.
When: Monday, May 17, 2010
Time: 7:00 pm - 9:30 pm
Where: Davis Senior Center, 646 A St, Davis, CA