Deal is reached in exit exam suit

Approximately 25,000 California high school students with disabilities in this year's graduating class will not have to pass the state's exit exam under an agreement announced Thursday by leaders of the Legislature, the state Department of Education and the governor's education office.

After several weeks of negotiation, officials agreed to fast-track a bill by Sen. Gloria Romero, D-Los Angeles, that will free high school seniors in special education from passing the controversial math and English exam that is a graduation requirement for the first time this year.

The deal is backed by the disabled-rights group that brought a suit challenging the exit exam.

Only students who meet certain criteria would be able to graduate without passing the test. They must have an active special education plan, take the exam at least twice after 10th grade and at least once during 12th grade, attend exam preparation classes offered by their school and fulfill all other graduation requirements of their school.

The bill, SB 517, "will uphold the integrity of the high school exit exam and at the same time give our schools more time to provide special education students with the skills necessary to pass the exam," said Jack O'Connell, superintendent of public instruction, in a conference call with reporters.

While test supporters described the agreement as the only reprieve that would be created, test opponents hailed it as the first of many steps toward undoing the harsh consequences of the exam.

Romero said "the debate is really just beginning" over the regular education students who are still being held to the test in order to graduate in June.

"I am disappointed that there isn't a solution yet for the other 100,000 students who may be denied a diploma this year, who may meet all the requirements for graduation and not pass the exam," she said.

Romero's bill is expected to move through the Legislature in coming weeks. It would take effect as soon as it's signed by Gov. Arnold Schwarzenegger. He released a statement saying that he looked forward "to signing legislation that ensures that all of the eligible special needs students in the class of 2006 are able to graduate."

His signature will settle one piece of a 5-year-old lawsuit against the state alleging that students with disabilities can't be required to pass the exit exam because they have not been taught the material on the test.

And it will reward O'Connell, who agreed that special ed students should be exempt for one year, but wanted the Legislature - not the courts - to set the terms.

The long-awaited agreement brought relief to families across California, some of whom had made plans to move their children out of state in order to get a diploma.

For Nick Mackey, a senior at Galt High School, the announcement means he won't have to move to Montana for his last semester of high school.

"I'm happy I can stay with my family and my friends," said Mackey, 19, who is deaf and has been unable to pass the English part of the exit exam.

"My mother got me my class ring. And I'm happy - no test."

Ann Dobek, whose son has a learning disability and attends Bella Vista High School, said the requirements spelled out in the agreement sound reasonable.

"If he doesn't pass it and they're offering a (test preparation) class ... it's help he needs anyway," she said.

"It's just wonderful for his self-esteem to know that he can make it."

Despite their victory for this year's graduating class, advocates for special education students say there's more to be done for future classes.

"This alleviates the immediate crisis for current seniors, but the litigation certainly remains," said Melissa Kasnitz of Disability Rights Advocates, which brought the suit.

For future classes, advocates want the state to create an alternative to the exam for students with disabilities.

The lawsuit, originally filed in 2001, was nearly settled last year. In August, the parties reached a similar agreement that would have waived the exit exam only for students with disabilities in the class of 2006. That deal also required approval by the Legislature.

But Romero created a bill that was broader than those terms. Her bill also exempted special education students in the 2007 graduating class.

Schwarzenegger vetoed the bill, the settlement collapsed, and the case moved back to the courts.

A hearing now set for Feb. 7 in Alameda Superior Court will be called off if Schwarzenegger signs the new bill before then.

About the writer:

• The Bee's Laurel Rosenhall can be reached at (916) 321-1083 or lrosenhall@sacbee.com.