Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press
 Home > News > Alert! Class Action Suit Filed Against California Dept  of Ed Over High-Stakes Testing (May 9 2001)


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Program

July 24 - Jackson, MS

Aug 2 - Birmingham, AL

Aug 3-8 - Wmsburg, VA

Oct 23 - Wilton, CT

Oct 25 - Olympia, WA

Oct 30 - Phoenix, AZ

Nov 6 - McAllen, TX

Nov 21 - Temecula, CA

Dec 4 - OKC, OK

Full Schedule

Be a Hero ...

 Candle in window
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergies
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 
State exit exam discriminates, lawsuit alleges

BY SANDRA GONZALES

Published Wednesday, May 9, 2001, in the San Jose Mercury News 

"In unprecedented action that could eventually affect hundreds of thousands of disabled students statewide, Disability Rights Advocates filed a lawsuit Tuesday against California's Department of Education, challenging its high school exit exam, which they say discriminates against those with learning difficulties."

"The lawsuit, which seeks class-action status, charges that the exam discriminates because it provides no alternate assessment, no procedure for requesting accommodations and no process for appeals. The suit claims the exam tests disabled students on material that they have never been taught. As a result, the lawsuit says, the department has ``created chaos and confusion.'' The lawsuit seeks corrective action to remedy these alleged flaws in the system . . .."

"In addition to the state Department of Education and Superintendent Delaine Eastin, the suit, specifically, names Fremont Unified School District and its superintendent, Sharon Jones. One of the three student plaintiffs, 13-year-old Juleus Chapman, attends Fremont's Hopkins Junior High School."

The suit was also filed on behalf of the Learning Disabilities Association of California.

At an Oakland news conference, Juleus and 13-year-old Jennifer Lyons, another of the plaintiffs, said they expect problems when they take the test next year.

Juleus said he suffers from dyslexia and dysgraphia, the latter a learning disability that makes it difficult for him to write words legibly in a defined space over a normal time frame. Like other students with these disabilities, Juleus has a modified curriculum that allows him to use a laptop computer and calculator during regular tests.

But Juleus and his mother, Monique Chapman, said they were told by Fremont school officials that he would not be able to use any special accommodations on the tests. They were not provided with information on how to appeal, they said . . .

Disability Rights Advocates, an organization dedicated to protecting and advancing the civil rights of people with disabilities, allege the exit exam was hastily developed and flagrantly violated the rights of disabled students -- 80 percent of whom they estimated will fail the exam, with profound, disastrous effects on their lives . . .

A similar lawsuit filed in Oregon by the Disability Rights Advocates was recently settled after the state agreed to adopt recommendations of an expert panel that led to improvements on testing students with learning disabilities . ."

Full text of article in Mercury News. 

News Release from the Learning Disabilities Association of California

Update From Wrightslaw: On February 21, 2002, Judge Charles R. Breyer issued a preliminary injunction in Juleus Chapman, et. al. v. CA Dept of Education, et al., requiring California to provide accommodations for learning disabled students who take the California High School Exit Exam in March, 2002.

Judge Breyer found that ". . . 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." Download injunction as pdf file
or text file


Do No Harm: High Stakes Testing and Students with Learning Disabilities

When settlement was reached in the Oregon case, Disability Rights Advocates published Do No Harm: High Stakes Testing and Students with Learning Disabilities

Do No Harm  analyzes the issues surrounding high stakes testing and students with learning disabilities, the legal implications of these tests, and safeguards that are needed to protect the rights of learning disabled students.

More Resources About High Stakes Testing 

Letter to Wrightslaw:  Are Children with Disabilities Required to Take State-Mandated Tests?

Provisions in IDEA 1997 Related to Students with Disabilities and State and District-wide Assessments published by Office of Special Education Programs, U. S. Department of Education, August 24, 2000.

Qs & As about IDEA, Students with Disabilities and State and District-wide Assessments. "Family friendly" version of OSEP Memorandum about assessments; 26 questions and answers about parental permission, role of IEP team, accommodations and modifications; alternate assessments, out-of-level testing, accountability, and more.

Do No Harm: High Stakes Testing and Students with Learning Disabilities. from Disability Rights Advocates (DRA). Analyzes issues surrounding high stakes testing and students with learning disabilities, including the legal implications of such tests and the safeguards needed to protect the rights of learning disabled students. 

List of Appropriate School-Based Accommodations and Interventions for a Section 504 Plan or IEP by Rebecca Chapman Booth from National Attention Deficit Disorder Association. 

Pass the Test or No Diploma: High Stakes Graduation Testing and Children with Learning Disabilities by Paul T. O’Neill, J.D., Wilkie Farr & Gallagher.

Books About Special Education Law & School Law  

Wrightslaw: Special Education Law by Peter W. D. Wright and Pamela Darr Wright. Reviews

The Law of Schools, Students, and Teachers in a Nutshell (Nutshell Series) by Alexander and Alexander.
"This book covers school law in a clear and concise manner; language is easily understood; should be on the desk of every teacher who is concerned about the welfare of children." Information about The Law of Schools

What Do I Do When: The Answer Book on Special Education Law by Susan Gorn.
Clear answers to hundreds of questions about legal rights & responsibilities, from eligibility, evaluations, IEPs, procedural safeguards, discipline, more. Excellent resource for parents, educators, advocates and attorneys who want to learn more about special education law. More info about The Answer Book on Special Education Law.

For more books about special education law and legal issues, visit the Law Section of the Advocate's Bookstore

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright © 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map