The State Board of Education voted unanimously May 10 to make the California High School Exit Exam mandatory for students with disabilities, rejecting alternatives and risking further litigation from critics who argue the test does not measure those students’ skills.

State Superintendent of Public Instruction Jack O’Connell recommended that the board reject other options such as breaking up the test into multiple parts or allowing students to present a portfolio of their work instead of passing the exam.

Over the last several months, the SBE reviewed the following options prepared by CDE staff for their consideration:

• Maintain all CAHSEE requirements for all students.
• Mandate the CAHSEE waiver process in the Education Code for students taking CAHSEE with modifications.
• Develop a state endorsed certificate of completion.
• Develop a juried assessment.
• Allow compensatory scoring of math and ELA portions of CAHSEE.
• Create on-demand CAHSEE strand tests.
• Develop a CAHSEE alternative assessment.

After three meetings involving discussion regarding the seven options presented, the SBE took action to support only the SPI’s recommendation to make the local waiver process a mandate rather than an option. The board, however, indicated support for continuing the dialogue on what else can be done for certain students with disabilities, and many board members echoed the sentiments of board president Ken Noonan, who said “this is just a beginning.”

The test became a requirement to earn a high school diploma in California starting with the class of 2006, but special education students won a two-year reprieve after a lawsuit settlement and legislative action. The test becomes mandatory for them in 2008.

Senate Bill 267, Romero, D-Los Angeles, was passed by the Legislature in 2005-06, allowing certain students with disabilities in the class of 2007 to be exempt from the CAHSEE requirement so long as a series of criteria were met. SB 267 also requires the SPI with the approval of SBE to recommend to the Legislature alternatives for students with disabilities who have met all other state and local graduation requirements but who are unable to satisfy the CAHSEE requirement or obtain a waiver.

A report to the Legislature is due June 1, 2007.

The board adopted O’Connell’s proposal to leave the test requirement in place and standardize the process for students to receive special modifications while taking it, such as having questions read aloud to them or using a calculator for some portions. Their decision upset advocates for the disabled, who say that a shortage of special education teachers leaves many students unprepared to pass the exit exam.

“We were hopeful that they would take their responsibility seriously, but it looks like in the end the Board of Education decided to abandon special ed students and to leave them at the mercy of a school system that’s not doing a good job teaching them,” said Roger Heller, an attorney for Disability Rights Advocates, which sued the state on behalf of special education students in 2001.

In a prior presentation to the board, the group asked the state to examine whether the test is a valid measure for special education students. It also recommended adopting a juried portfolio, allowing students to demonstrate their work to a jury of evaluators instead of taking the test.

Such a proposal is included in legislation by Sen. Gloria Romero that would allow students to show they can meet the same standards measured by the CAHSEE. Romero called The May 10 vote a “duck and run” decision that avoids the issues the board was supposed to address.

“All we’re going to do is find another lawsuit and continue this issue year after year,” she said. “What we really need to do is provide just and fair and constitutionally protected options to a class of federally protected students.”

Romero’s SB 123 was scheduled to be heard in the Senate Appropriations Committee May 21. The proposal adopted May 10 also will require legislative approval, and could be modified by lawmakers. What is likely to occur now is the SPI will recommend mandating the waiver process for students taking CAHSEE with modifications to the Legislature by June 1.

In recent months ACSA staff surveyed members and found consensus for continuing the CAHSEE requirement for students with disabilities overall. There is also strong support for mandating the waiver process so that it is automatically considered when a student takes the CAHSEE with a modification. ACSA also supports creating a more “universally designed” CAHSEE to achieve greater access for students. Diane Youtsey, member of ACSA’s Student Services and Special Education Council, spoke to these three issues at previous SBE meetings.

Where ACSA members are split is on the concept of a state endorsed certificate of completion, an alternative assessment, compensatory scoring, on-demand CAHSEE strand tests and a juried assessment. There was support for all of these but also opposition to some of them.

Since this an important issue, ACSA staff will be conducting an online survey in the coming weeks to solicit more feedback and in particular solicit a response on the bill moving forward to create a juried assessment.

The Associated Press contributed to this report.