College & Workforce Readiness

Calif. Judge Throws Out Exit-Exam Requirement

By Linda Jacobson — May 15, 2006 5 min read
  • Save to favorites
  • Print

Setting off a legal scramble just weeks before the end of the school year, a superior court judge in Alameda County, Calif., ruled Friday that this year’s high school seniors don’t have to pass the state’s exit exam to receive a diploma.

Judge Robert B. Freedman agreed with the plaintiffs in Valenzuela v. O’Connell that students who have failed the test—especially English-language learners—have not had a fair chance to learn the material because they were more likely than others to attend overcrowded schools and have unqualified teachers. The ruling potentially affects more than 46,000 seniors who have yet to pass both the mathematics and English language arts portions of the exam.

“There is evidence in the record that shows that students in economically challenged communities have not had an equal opportunity to learn the materials tested on the [California High School Exit Exam], that some schools have yet to fully align their curriculums to the state’s content standards, and that demonstrates that the negative effects of scarcity of resources continue to fall disproportionately on English-language learners,” the judge wrote in his decision.

As expected, state Superintendent of Public Instruction Jack O’Connell—who has stood firm on the exam requirement—said he would appeal the ruling. He also asked the judge on Friday to grant an immediate stay of his ruling, but Judge Freedman denied that request. Therefore, lawyers for the state education department will appeal the request for a stay this week as they appeal the preliminary injunction itself.

“I’m greatly disappointed in today’s court decision,” the superintendent said during a teleconference. Mr. O’Connell, who wrote the 1999 law creating the test requirement, said he also counted the decision as a personal disappointment. But more importantly, he said, the ruling was “bad news for California students who have worked hard to pass the exit exam.”

Earlier this month, Mr. O’Connell announced that almost 11 percent of this year’s seniors—46,768—had yet to pass the exam. Those numbers were down, however, from February, when almost 48,000 still had not received passing scores. And the current numbers, he said Friday, still don’t reflect two more recent administrations of the test.

Students do not have any more chances this school year to pass the exam in time to graduate.

Creating Chaos?

The judge’s decision, Mr. O’Connell said, also creates “chaos” in school districts across the state with schools preparing for graduation ceremonies and finalizing transcripts, and students trying to determine whether to enroll in summer school remediation courses, take the summer administration of the exam, or even plan on attending college in the fall. That is why he is seeking the stay.

Even the state budget could potentially be affected by the uncertainty, Mr. O’Connell said, because Gov. Arnold Schwarzenegger announced on Friday that his newest budget recommendations for fiscal 2007 include $65 million for additional supplemental instruction for students at risk of failing the exam. But if the graduation test is not required, he suggested that the money might be taken out of the budget.

Mr. O’Connell said he would be sending school districts a memo to keep them up to date on the developments.

Across the state, district officials responded to the ruling. In a statement, Los Angeles Unified School District Superintendent Roy Romer urged “all high school seniors in the [district] to continue with their studies and coursework toward graduation. We look forward to the state and the courts resolving this issue as quickly as possible.”

In their lawsuit, the plaintiffs also argue that the state failed to research possible alternatives to the exit exam and give the legislature the opportunity to consider them, as the law required. It wasn’t until last December that Mr. O’Connell held a public hearing on other possible measures of achievement, and then in January concluded that there were “no practical alternatives.”

Ruling Expected in Separate Case

Another issue raised in the case was whether the existing $20 million in state money for exam tutoring was unfairly distributed because the money was only handed out to schools where 28 percent of the students had already failed the exam. Based on that formula, students in 166 school districts did not benefit from that funding.

Mr. O’Connell, however, said that all schools are required to provide students with tutoring opportunities.

Meanwhile, Judge Freedman was expected to rule Monday on a separate lawsuit over the graduation test filed by Californians for Justice, an advocacy organization based in Oakland.

The complaint makes allegations that are similar to those in the Valenzuela v. O’Connell case, but stresses that the superintendent and the state board of education did not act to explore alternatives to requiring that students pass the test within the time frame required by the law.

“The kids of California ought not to be denied an alternative because the superintendent was late with his homework,” said John Affeldt, a managing attorney at Public Advocates Inc., the San Francisco-based public interest law firm representing Californians for Justice.

Californians for Justice also issued a statement expressing its delight with Judge Freedman’s ruling. “Californians for Justice agrees with Judge Robert Freedman that the High School Exit Exam unfairly and illegally punishes tens of thousands of students who attend substandard schools in California. Our legal system is a last resort in addressing injustice, and today’s decision honors that role.”

In a settlement reached last year between the state and Disability Rights Advocates, a nonprofit law center in Berkeley, Calif., about 25,000 students with disabilities, who have an individualized education program and have met all other requirements for graduation, are exempted from the testing requirement this school year.

The settlement was also reflected in a law signed by Gov. Arnold Schwarzenegger in January. The one-year reprieve was designed to give the state time to strengthen efforts to prepare students with special needs for the exam.

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

College & Workforce Readiness These Students Are the Hardest for Schools to Track After Graduation
State education chiefs are working with the Pentagon to make students' enlistment data more accessible for schools.
5 min read
Students in the new Army prep course stand at attention after physical training exercises at Fort Jackson in Columbia, S.C., on Aug. 27, 2022. The new program prepares recruits for the demands of basic training.
Students in the new Army prep course stand at attention after physical training exercises at Fort Jackson in Columbia, S.C., on Aug. 27, 2022. State education leaders are working with the Pentagon to make graduates' enlistment data part of their data systems.
Sean Rayford/AP
College & Workforce Readiness As Biden Prepares to Leave Office, He Touts His 'Classroom to Career' Work
At a White House event, the president and first lady highlighted their workforce-development efforts.
3 min read
President Joe Biden speaks at the Classroom to Career Summit in the East Room of the White House in Washington, Wednesday, Nov. 13, 2024.
President Joe Biden speaks at the Classroom to Career Summit in the East Room of the White House in Washington on Nov. 13, 2024.
Ben Curtis/AP
College & Workforce Readiness Can the AP Model Work for CTE? How the College Board Is Embracing Career Prep
The organization known for AP courses and the SAT is getting more involved in helping students explore potential careers.
5 min read
David Coleman, CEO of the College Board, speaks at the organization's annual conference in Austin, Texas, on Oct. 21, 2024.
David Coleman, CEO of the College Board, speaks at the organization's annual conference in Austin, Texas, on Oct. 21, 2024. Long an institution invested in preparing students for college, the College Board increasingly has an eye on illuminating career options.
Ileana Najarro/Education Week
College & Workforce Readiness The Way Schools Offer CTE Classes Is About to Change. Here's How
The revision could lead to significant shifts in the types of jobs schools highlight, and the courses students are able to take.
4 min read
Photo of student working with surveying equipment.
E+