California superior court tentatively rules state's high school exit exam is unfair
A California superior court has issued a tentative ruling, based on the concept of equal protection, that California's high school exit exam is unfair to students enrolled at substandard schools. Judge Robert Freedman is expected to issue a preliminary injunction that would require high school seniors who have met all requirements for graduation other than passing the exit exam to receive their diplomas. Attorney Arturo Gonzalez, who is representing the plaintiffs in the case, applauds the ruling, saying, "[T]his will be a historic ruling for all children in California because Freedman is telling the state, 'You cannot deny a student a diploma if they have not received adequate classroom materials.'" California's Superintendent of Schools Jack O'Connell announced that 46,768 seniors, 10.7% percent of the class of 2006, have not yet passed the exit exam. Of that 46,768, 61% are low-income, and 44% are English learners. The suit alleges that schools serving the poorest children do not offer the same quality of teachers, books, and school buildings that more affluent students receive. In his tentative ruling, Judge Freedman noted he was inclined to agree with the plaintiffs' argument, but he is willing to provide the state with the opportunity to persuade him otherwise. However, he signaled reluctance to reverse himself when he asked lawyers on both sides to come prepared to talk about how conditions in the schools can be equalized. Another suit challenging the exit exam is pending in Judge Freedman's court. That suit, which was brought by the Public Advocates law firm and Californians for Justice, challenges the test on the grounds that the superintendent and the California State Board of Education violated the law by waiting until this school year to study alternatives to the exit exam.
Sacramento BeeBy Laurel Rosenhall and Cameron Jahn
[Link to full story]San Francisco ChronicleBy Nanette Asimov
[Link to full story][
Editor's Note: Background on the lawsuit and other high stakes testing cases is available below.]
[NSBA School Law pages on suit challenging California exit exam]