Two groups seek to prevent California from withholding diplomas from seniors that fail to pass the California High School Exit Exam
The Public Advocates law firm (PA) and Californians for Justice (CFJ) have filed a second lawsuit to prevent the state from withholding diplomas from high school seniors that fail to pass the California High School Exit Exam. The suit alleges that California’s Superintendent of Public Instruction Jack O'Connell and the California State Board of Education (CBOE) violated state law by waiting until this school year to study alternatives to the test. The basis for PA’s and CFJ’s suit is a provision in the law that created the exit exam which calls upon the superintendent and the CBOE to study possible alternatives to the exit exam after “the initial administrations” of the test. PA and CFJ contend that because Superintendent O’Connell and the CBOE “dragged their feet,” it is too late to implement any alternatives for the first class facing the exit exam. According to John Affeldt, a PA attorney, “The reason there's not time to implement it is because (they) are four years late in doing the study.” He argues that 2006 graduates should not suffer because the state was “late in doing (its) homework.” The suit is seeking a court order enjoining the state from withholding diplomas from those students who fail the exam until the state legislature has studied proposed test alternatives. Mr. Affeldt believes the legislative study will take about a year to complete. Approximately 48,000 high school seniors had failed the test as of the beginning of the 2005-06 school year. Superintendent O’Connell contends that alternatives will dilute the purpose of the exam, which is to ensure all schools in the state require students to learn basic reading, writing, and math in order to obtain a diploma. He has been critical of schools in the past for allowing poor, African-American, and Hispanic students to graduate without those skills. Hilary McLean, a spokesperson for the superintendent, declined to comment on the details of the suit, but says the superintendent was not surprised by it given the fact that exit exams in several other states have been challenged shortly after being implemented. Attorney Arturo Gonzalez, who filed the first suit, says he is not collaborating PA and CFJ, but welcomes additional challenges to the exam. Russlynn Ali, director of Education Trust West, a group that advocates academic achievement for disadvantaged students and supports the exit exam, believes it would be a “real injustice” if the exit exam is thrown out based on what she characterizes as a technicality in the law. “On one hand, it's really unfortunate that it sounds like process could detract from the great headway the state is making in improving the achievement of high school students,” says Ms. Ali. However, she adds, “On the other hand, if they're right and there was a lack of study, then it just shows a glaring lack of stewardship over this issue. If the statute required a study, how could (they) not do the study?”
Sacramento Bee
By Laurel Rosenhall
[Full story]
[Editor’s Note: As noted in the story above, the first suit challenging California’s high school exit exam was by Mr. Gonzalez on behalf of a group of California high school students and their parents. The first suit alleges poor, minority students, who are English learners, are at greater risk of harm from the exam because the schools have not properly prepared them for it and the state provides no alternatives to the exam. For background on the first suit and other background information on challenges to high stakes testing in other states, access the link below.]
[NSBA School Law pages on first legal challenge to California’s exit exam]