CDE Clarifies CAHSEE Exemption Criteria (MDB)

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LEGAL UPDATE
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General Counsel
Carl D. Corbin
Attorneys
Monica D. Batanero
Nancy L. Klein
Margaret M. Merchat
Mia N. Robertshaw
Loren W. Soukup
Patrick C. Wilson
Frank Zotter, Jr.
Of Counsel
Robert J. Henry
Janna L. Lambert
Virginia A. Riegel
March 31, 2015
To:
Superintendents, Member School Districts (K-12)
From:
Monica D. Batanero, Associate General Counsel
Subject: CDE Clarifies CAHSEE Exemption Criteria
Memo No. 06-2015
As a follow-up to the December 16, 2014 Legal Update from our office, Memo
No. 40-2014, this office requested written clarification from the California
Department of Education (“CDE”) of its interpretation of the California High
School Exit Examination (“CAHSEE”) exemption criteria, specifically whether a
student must take the CAHSEE two more times after taking it in 10th grade,
including at least once during their senior year pursuant to Education Code section
60852.2.
Education Code section 60852.3 also exempts students who are eligible for
services under the Individuals with Disabilities Education Act (“IDEA”) and/or
Section 504 of the 1973 Rehabilitation Act (“Section 504”) from being required to
pass the California High School Exit Exam (“CAHSEE”) in order to receive a high
school diploma. We asked CDE whether exempt students must take the CAHSEE
as specific in Section 60852.2.
The CDE, through consultant Mark McLean, responded on March 25, 2015 with
the following:
“Our staff counsel has advised us that the language in Education
Code (EC) Section 60852.3 is not impacted by EC Section 60852.2
because Section 60852.3 begins “Notwithstanding any other
provision of law . . .” Therefore, students who are eligible for the
exemption are encouraged, but not required, to attempt the
CAHSEE at least twice after grade 10 to receive the exemption.”
Please contact our office with questions regarding this Legal Update or any other
legal matter.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary
depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on
how the law applies to your specific situation.
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