CDE Clarifies CAHSEE Exemption Criteria (K-12) - School & College Legal Services of California

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.

LEGAL UPDATE

March 31, 2015

To: Superintendents, Member School Districts (K-12)

From: Monica D. Batanero, Associate General Counsel

Subject: CDE Clarifies CAHSEE Exepmtion Critieria

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 10^th 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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