College & Workforce Readiness

California Court Rejects Request for Quick Action; Exit Exam Remains in Place for 2006

By Linda Jacobson — May 30, 2006 2 min read
  • Save to favorites
  • Print

The lawsuit over California’s exit exam won’t be settled before this year’s high school graduation ceremonies are held. That means students who have not passed both sections of the exam will not receive diplomas this June.

In the latest twist of a closely watched lawsuit, the First District Court of Appeal in San Francisco has turned down a request for an expedited hearing from the lawyers representing the five students named in Valenzuela v. O’Connell.

“This is a most welcome decision,” state Superintendent of Public Instruction Jack O’Connell said Friday in a press release. Mr. O’Connell has stood firm on the exit-exam requirement. “School districts throughout California now have certainty, and should proceed with graduation exercises for the class of 2006 as planned before the exit exam was challenged in court.”

Arturo J. Gonzalez, the lawyer with the San Francisco-based firm Morrison & Forrester who brought the lawsuit against the state, had asked the appellate court for a hearing this week. But for now, written briefs from the plaintiffs won’t be due until June 13, and oral arguments won’t be heard until July 25. High school commencement exercises for 2006 will be over by then.

Diplomas Possible?

Mr. Gonzalez said in a statement last week that if the court finds in favor of the plaintiffs—and upholds a decision by a lower-court judge to lift the exam requirement—seniors who have not passed both the mathematics and language arts portions of the exam might still be awarded diplomas later in the summer.

On May 12, Alameda County Superior Court Judge Robert B. Freedman granted the plaintiffs an injunction allowing all seniors to receive diplomas this year, whether or not they’ve passed the exam. Mr. O’Connell, the state schools chief, asked Judge Freedman to issue a stay of his decision, but he denied the request.

Judge Freedman agreed with the plaintiffs’ argument that students who have not passed the test—especially English-language learners—have not had an equal opportunity to learn the material because they are more likely to attend overcrowded schools and have less-than-qualified teachers.

Mr. O’Connell appealed both the denial of the stay as well as the injunction to the California Supreme Court. Last week, the high court granted the stay but sent the case down to the appellate court for consideration of the merits of the plaintiffs’ arguments.

“We intend to vigorously defend Judge Freedman’s ruling,” Mr. Gonzalez said in his statement. “The record strongly supports his decision. Therefore, we think there is a strong chance that students in the class of 2006 will receive their diplomas, even if it is after commencement ceremonies. It is important that students not get discouraged. They have to stay in school and pass their classes.”

His office also encouraged parents to ask their local school officials to allow students who have not met the exam requirement to participate in the ceremonies. Many districts have already said that students will be able to join their classmates during the ceremonies, but that they will receive certificates of completion instead of diplomas.

Events

Professional Development K-12 Essentials Forum Getting Professional Development to Stick
Join this free virtual event to explore best practices, funding, format, and timing for teacher and principal PD.
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
College & Workforce Readiness Webinar
The Road to Opportunity: Making CTE Accessible for All
The most valuable CTE happens off campus. For too many students, transportation is the barrier that keeps opportunity out of reach.
Content provided by HopSkipDrive
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
Recruitment & Retention Webinar
New Hire, No Laptop, No Login: Preventing Day-One Disruption
What happens before day one matters. Discover how districts are improving the new hire experience.
Content provided by Frontline Education

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 More States Require Personal Finance. But Does It Actually Work?
Personal finance education can influence behavior positively with specific strategies.
5 min read
Photo illustration of a young black female holding her cellphone in one hand and a credit card in the other. Floating around her in the background are a calculator, pie chart, money, credit card, and piggy bank.
Photo collage by Gina Tomko/Education Week + Canva
College & Workforce Readiness Video How a "Reverse Career Fair" Can Launch High Schoolers Into the Real World
It flips the traditional model and allows students to set up booths to display their talents to employers.
1 min read
20260507 ReverseCareerFair EdWeek R5B 5725
Dustin Chambers for Education Week
College & Workforce Readiness Students Want Career Education. More Research Can Improve It, New Report Says
Career education is in demand from students and could be strengthened through research, a coalition says.
4 min read
Adult school student volunteer Starnese Sims, second from right in glasses, sings along with preschool children at Bradley Early Education Center, located on the campus of Maxine Waters Employment Prep Center, in Watts on May 5, 2026 . Adult school student volunteers visit Bradley EEC twice a week for field work as part of a career pathway that will earn them their child development assistant permit. The setup provides the preschool with extra staffing support and allows for collaboration between preschool teachers and adult school staff as students move through the program. The LAUSD early education center is home to the district's first experiment with non-traditional care hours through its expansion this year into evening child care.
A student volunteer sings along with preschool children at Bradley Early Education Center in the Watts neighborhood of Los Angeles on May 5, 2026. Older students visit the center regularly as part of a career pathway that will earn them their child development assistant permit. A coalition of education groups wants greater federal investment in research aimed at strengthening career-connected education that students are increasingly demanding.
Genaro Molina/Los Angeles Times via TNS
College & Workforce Readiness Not All Students Are College-Bound. More Schools Are Paying Attention
The "college for all" rallying cry is quieting down, even at traditional college-prep high schools.
5 min read
Boone Williams, 20, center, talks to other students in the apprentice training program class at the Plumbers and Pipefitters Local Union 572 facility in Nashville, Tenn., on Thursday, Feb. 2, 2023. Williams says eventually he expects to earn far more than friends who took quick jobs after high school. He even thinks he’s better off than some who went to college — he knows too many who dropped out or took on debt for degrees they never used. “In the long run, I’m going to be way more set than any of them,” he says.
Boone Williams, 20, center, talks with students in an apprentice training class at the Plumbers and Pipefitters Local Union 572 facility in Nashville, Tenn., Feb. 2, 2023. Programs like this reflect growing interest in career pathways as more students weigh alternatives to traditional four-year college degrees.
Mark Zaleski/AP