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

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
From Coursework to Careers: Expanding Work-Based Learning and Industry Credentials in CTE
Expand work-based learning and industry credentials in CTE to connect classroom learning with real careers and prepare students for future success.
Content provided by Project Lead The Way
College & Workforce Readiness Webinar Data-Driven and District-Ready: What EdWeek Research Tells Us About the CTE Market
Discover how to sharpen your positioning in a fast-moving market of CTE with actionable strategies grounded in EdWeek Research Center data.
Classroom Technology Live Online Discussion A Seat at the Table: The Rewiring of Childhood With Jonathan Haidt
Jonathan Haidt, Catherine Price, and Adam Swinyard join Peter DeWitt on how to get students off devices and back to the basics of childhood.

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 Video How a Reverse Career Fair Can Launch High Schoolers Into the Real World
Reversing the format of the traditional career can provide students with many more opportunities for both learning and jobs.
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
College & Workforce Readiness A New Option for High School Graduates? Federal Aid for Workforce Credentials
Workforce Pell will grant students federal aid for certificate courses as short as eight weeks.
6 min read
$35.00Soon to be La Porte High School graduates listen to speeches from their classmates during commencement exercises Thursday, June 12, 2025, at Kiwanis Field in La Porte, Ind.
Newly minted high school graduates listen to speeches from their classmates during commencement exercises on June 12, 2025, at Kiwanis Field in La Porte, Ind. For the first time this year, high school graduates from low-income families can qualify for federal Pell Grants for short-term workforce training programs.
Amanda Haverstick/La Porte County Herald-Dispatch via AP