Bill Allows Special Ed Students to Skip Exam

A bill that would exempt many special education students from taking California’s new high school exit exam was approved by the Legislature this week and is awaiting Gov. Arnold Schwarzenegger’s signature.

The measure would apply only to students with disabilities in the classes of 2006 and 2007 who have failed the exit exam but are otherwise on track to graduate.

The legislation would codify a legal settlement reached last month by the state and disability rights advocates who sought to halt the graduation exam requirement for special education students. It would affect an estimated 25,000 students in the class of 2006 and an unknown number from the class of 2007.

“We’re pleased that this is moving forward,” said Stephen Tollafield, an attorney with the Oakland-based group Disability Rights Advocates, which filed the lawsuit. “There are grave concerns among many Californians that the exit exam is not fair for students with disabilities.”

A Schwarzenegger spokeswoman said the governor had no position on Senate Bill 586 because he had not yet thoroughly reviewed it. However, the measure’s author, state Sen. Gloria Romero (D-Los Angeles), said she was optimistic about the governor signing it.

Schwarzenegger has until Oct. 9 to act. If he doesn’t sign the bill into law, the issue will return to the courts.

Romero said the two-year delay was only a temporary fix to give lawmakers and the governor time to craft a long-term solution.

Romero’s bill would give disabled students more breathing room than the recent legal settlement, which called for a one-year postponement.

“We should step up to the plate and say, ‘Let’s stop fighting this in the courts,’ ” Romero said. “We can do better, and we should do better. Morally, it’s the responsible thing to do.”

The exit exam is geared to an eighth-grade level in math and to ninth- and 10th-grade levels in English.

Students have several opportunities during high school to pass both portions of the test, which was originally slated as a graduation requirement for the class of 2004. It was delayed for two years after initial results showed low passing rates for minority students and those with disabilities.

The latest results, released last month, showed that 54% of special education students have so far passed the English section, and 51% have passed the math portion.

To qualify for the legislation’s exemption, disabled students must be on track to earn diplomas and complete other school district and state graduation requirements. The students also must take the exit exam at least twice beyond 10th grade.