Motion to expedite California exit exam case is denied
Following the California Supreme Court's order transferring the California exit exam suit to California Court of Appeals for the First District, that appeals court has denied a motion by attorneys representing students to expedite the case so that a ruling on the constitutionality of the exam will be issue before this year's crop of seniors are scheduled to graduate. California Superintendent of Public Instruction Jack O'Connell, who appealed the trial court's decision that the exam is unconstitutional, applauds the appeals court's decision. "School districts throughout California now have certainty," he says "and should proceed with graduation exercises for the class of 2006 as planned before the exit exam was challenged in court." Because the court has scheduled oral arguments for July 25, well after graduation ceremonies will be completed, there is no chance that a favorable ruling for seniors who failed the exam this year will help them receive diplomas with their class. As a result, Arturo J. Gonzalez, the attorney representing the students, has encouraged parents to ask their local school officials to allow students who have not met the exam requirement to participate in ceremonies. While many districts will allow students to join their classmates, students who have not passed the exam will only receive certificates of completion, rather than diplomas. Meanwhile, a separate lawsuit brought by Californians for Justice (CFJ) challenging the exit exam on statutory grounds, which was dismissed by the same trial court as ruled in the other case, also has been transferred to the California Court of Appeals for the First District. John Affeldt, the attorney representing CFJ, is hoping that the appeals court will grant his own motion to stay enforcement of the exit exam law. However, Hilary McLean, Superintendent O'Connell's press secretary, is confident that the court will deny this motion as well. "Our view is that the exit exam will remain in place for class of 2006," she says.
Education WeekBy Linda Jacobson
[Link to full story]San Jose Mercury NewsBy Becky Bartindale
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Editor's Note: For background, see below.]
[NSBA School Law pages on California exit exam dispute]