Law & Courts

Latest Decision Keeps Calif. Exit-Exam Law as Graduations Near

By Linda Jacobson — June 06, 2006 3 min read
  • Save to favorites
  • Print

The legal roller-coaster ride is over, at least for now, for California high school seniors who have not passed the state’s exit exam.

The First District Court of Appeal, in San Francisco, turned down a request late last month for an expedited hearing from the lawyers representing the five students named in the case, Valenzuela v. O’Connell.

That means the lawsuit won’t be settled before this year’s high school graduation ceremonies are held, and students who have not passed both the mathematics and language arts sections of the exam won’t be receiving diplomas this month.

State schools Superintendent Jack O’Connell, who has stood firm on the exit-exam requirement, praised the court’s decision, saying it gives school districts the certainty they need to proceed with graduation exercises as they were planned before the exit exam was challenged in court earlier this year.

Mr. O’Connell also announced that an additional 4,542 students had passed both sections of the exam after taking the test in March, bringing the percentage of high school seniors who have met the exit-exam requirement to 90.4 percent. That leaves roughly 41,700 seniors across California who have not passed the test in time to receive diplomas this month.

“These students are still welcome and part of the public school family; … each student will continue to have opportunities to receive their high school diploma,” Mr. O’Connell said during a June 1 news conference at John Burroughs High School in Burbank. 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 to hold a hearing last 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.

Show of Defiance

While California educators and students were adjusting to the latest turn of events last week, the school board of the 48,000-student Oakland Unified School District voted May 31 to defy state law and the court and said it would issue diplomas to its 140 seniors who haven’t passed the exit exam.

Mr. O’Connell, the state schools chief—who appointed state Administrator Randolph Ward to run the bankrupt district and who has legal authority over the Oakland schools—said the board’s vote was meaningless. The school board was stripped of its decisionmaking powers when the state took control of the district in 2003.

“If there’s one district that is not going to do that, it’s Oakland,” Mr. O’Connell said at the news conference in Burbank. “I am running that school district.”

Elsewhere, districts were left to decide how to handle graduation ceremonies, which begin as early as next week, for students who haven’t pass the exam.

In the 742,000-student Los Angeles Unified School District, students who have not passed both sections of the exit test, but have met all other requirements for graduation, will be able to participate in their schools’ graduation ceremonies. But instead of a diploma, they’ll receive a “certificate of course credits and requirements.”

Mr. Gonzalez, the plaintiffs’ lawyer, also has encouraged parents statewide to ask their local school officials to allow students who have not passed the exit exam to take part in such ceremonies.

In a possible further twist, Mr. Gonzalez said in a May 26 statement that if the appellate court finds in favor of his clients and upholds a lower-court judge’s decision lifting the requirement, seniors who have not passed both portions of the exam might still be awarded diplomas later this summer.

Staff Writer Lesli A. Maxwell contributed to this report
A version of this article appeared in the June 07, 2006 edition of Education Week as Latest Decision Keeps Calif. Exit-Exam Law As Graduations Near

Events

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
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
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
Professional Development Webinar
Recalibrating PLCs for Student Growth in the New Year
Get advice from K-12 leaders on resetting your PLCs for spring by utilizing winter assessment data and aligning PLC work with MTSS cycles.
Content provided by Otus
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.

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

Law & Courts The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP
Law & Courts Supreme Court Signals Support for State Bans on Trans Girls in Sports
The U.S. Supreme Court weighed Idaho and West Virginia laws that bar transgender girls from sports.
7 min read
Becky Pepper-Jackson holds hands with her mother Heather Jackson outside the Supreme Court after arguments over state laws barring transgender girls and women from playing on school athletic teams on Jan. 13, 2026, in Washington.
Becky Pepper-Jackson holds hands with her mother, Heather Jackson, outside the U.S. Supreme Court after arguments over state laws barring transgender girls and women from playing on female athletic teams on Jan. 13, 2026, in Washington.
Julia Demaree Nikhinson/AP