Law firm insists students graduate
By ELIZABETH JOHNSON, The Modesto Bee, June 4, 2005

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A civil rights disability law firm is demanding that Modesto City Schools allow special education students and other eighth-graders who didn't pass a test on the U.S. Constitution to participate in the graduation ceremonies and receive certificates of completion.

Passing the Constitution test is a requirement for graduation.

Starting last school year, students must correctly answer 24 questions out of 40 on a Constitution test to receive a diploma and participate in graduation activities, such as a field trip and a cap-and-gown ceremony.

An eighth-grade diploma is largely ceremonial: Most students go on to high school without it.

In addition to passing the Constitution test, students must pass two of three proficiency tests, earn a C average for academic classes and a satisfactory citizenship grade to get a diploma and participate in graduation.

After parents and teachers asked for accommodations for students who aren't fluent in English and those in special education, the seven-member school board on Tuesday considered waiving the test requirement for this school year. But the school board voted 5-2 against doing so, although most trustees said they supported having accommodations, such as reading the test aloud.

Some special education students, who are severely disabled, are not required to pass the exam. Other learning disabled students who attend separate classes can get certificates of completion even if they fail the Constitution test.

But one group of special education students, those in mainstream classes, must pass the test to graduate. They don't have the option of receiving a certificate of completion. Of the 123 students in that group, four special education students will not be able to participate in graduation because of the Constitution test.

Overall, about 86 percent of the students passed the Constitution test and less than 1 percent are not participating in graduation solely because they failed the test. Students can take the test two times, and tutoring after school is offered.

The Oakland-based law firm Protection and Advocacy Inc. sent a letter late Friday to the superintendent and board president on behalf Rebecca and Gary McBride's daughters, two special education eighth-graders at Roosevelt Junior High who aren't participating in graduation because of the Constitution test, said PAI attorney Stephen Rosenbaum. The request also applies to any student who is neither receiving a diploma nor participating in graduation activities because they failed the test.

"Under federal law, you can't exclude students from activities and benefits based on disability," Rosenbaum. "Not to properly accommodate to them or not to modify policies is a form of discrimination under federal law."

Other special education students can receive a certificate of completion but not this group, he said, claiming that it is a double standard.

Rosenbaum said he believes that at least one McBride daughter was not given all the accommodations to which she was entitled. Plus, he said, the parents, also district employees, have been trying to resolve the issue informally since January.

Under state and federal law, Rosenbaum said, English learners must have an alternative means, such as taking a test in their native language, to show they know the material.

The law firm sent a letter to the district after business hours Friday and asked for a response by Tuesday, Rosenbaum said. Eighth-grade graduation ceremonies for the district's three junior highs and one middle school are being held Friday.

Associate Superintendent Jim Pfaff said the district didn't receive the letter by 5 p.m., when the office closed. Monday, staff will review it and respond, he said.

Bee staff writer Elizabeth Johnson can be reached at 578-2385 or ejohnson@modbee.com.

Protection and Advocacy, Inc.

National Association of Special Education Teachers