Judge Orders California to Provide LD Students with Accommodations
on High School Exit Exam

On February 21, 2002, a federal judge ordered the California Board of Education to provide accommodations to more than 45,000 learning disabled high school students who will take the state's high school exit exam this month.

Judge Charles R. Breyer issued a preliminary injunction in Juleus Chapman, et. al. v. CA Dept of Education, et al., regarding the state's plans to administer the California High School Exit Exam.

Judge Breyer ruled that students must be allowed to use calculators and other aids. He also ruled that the state must develop alternative ways to assess the knowledge and skills of students who cannot pass the exit exam because of their disabilities.

Judge Breyer wrote:

". . . the March administration of the CAHSEE is likely to violate rights guaranteed to learning disabled students under federal law . . . The Court has crafted an injunction that protects the rights of learning disabled students without derailing the State of California's efforts to improve education in the state."

Although the judge ruled that the state's policy did not comply with federal requirements, he declined to make the test voluntary.

The exam, which will become a graduation requirement for the class of 2004, covers math and language arts.

When the exam was given last spring, 91 percent of disabled students failed the math section and 82 percent failed in language arts, despite some accommodations such as spell checkers and extra time.

For nondisabled students, the failure rates were 52 percent in math and 31 percent in language arts.

Initially the state Board of Education developed a policy that did not allow accommodations. In December, the Board changed course and announced that learning disabled students could use calculators and reading aids -- if their school district applied for a waiver, and if the board granted it.

The suit on behalf of learning disabled students was filed by Disability Rights Advocates.

Article about class action suit against California.

Last year, DRA successfully represented learning disabled students in a class action suit against Oregon. Article about Oregon suit and settlement

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