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New suit claims that high school exit exam discriminates based on disability

The Disability Compliance Bulletin

June 4, 2001

California's implementation of a high school exit examination is being challenged by a new federal lawsuit, which claims that the exam unlawfully discriminates against students with disabilities. The suit challenges the alleged absence of procedures relating to the provision of accommodations and alternate assessments. It also says that the exam tests some disabled students on materials they have never been taught.

Attorneys at Disability Rights Advocates in Oakland, California, filed the suit earlier this month along with Morris Ratner of San Francisco's Lieff Cabraser Heimann & Bernstein, LLP. The plaintiffs are three students with learning disabilities and the Learning Disabilities Association of America, a volunteer organization that advocates for the rights of people with learning disabilities. The defendants include the California Department of Education and the Fremont Unified School District.

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