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

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
Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance

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 Opinion There's a Lot of Talk About 'Career Readiness.' Have We Thought It Through?
Just because you promote opportunities for career pathways doesn’t mean students are learning.
5 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
College & Workforce Readiness How States Are Streamlining College Admissions—and Who Benefits
Direct-admissions programs aim to streamline the college admissions process.
3 min read
Georgia State University students Kavita Javalagi, left, and Gana Natarajan, second from left, speak with Shetundra Pinkston, during the Startup Student Connection job fair, March 29, 2023, in Atlanta. Georgia officials launched a program that year to match high school students to college opportunities and has seen enrollment increases at both technical and four-year colleges since.
Georgia State University students Kavita Javalagi, left, and Gana Natarajan, second from left, speak with Shetundra Pinkston, during the Startup Student Connection job fair, March 29, 2023, in Atlanta. Georgia officials launched a program that year to match high school students to college opportunities and has seen enrollment increases at both technical and four-year colleges since.
Alex Slitz/AP
College & Workforce Readiness New York City Is Giving $1,000 to Kindergartners for College. Will It Work?
Backers of the program say it will raise families' awareness of the need to save for postsecondary study.
5 min read
Mamdani Obama 26108823606862
Mayor Zohran Mamdani visits the Learning Through Play Pre-K in the Bronx in New York, Saturday, April 18, 2026. Mamdani, who was accompanied by former President Barack Obama on the visit, joined the New York City Council is backing a new college savings plan for families of young children.
Angelina Katsanis/AP Photo
College & Workforce Readiness What’s Missing in Career Education? A Case for ‘Career Identity’
The "aha!" moment for students doesn't come just from career interest inventories, one teacher says.
3 min read
Diana Barrios gave a session on how artificial intelligence plays a role in career exploration and hHundreds attend ISTELive 26 + ASCD Annual Conference at the Orange County Convention Center in Orlando, Florida on June 29, 2026.
Diana Barrios, a career exploration coordinator for the Houston school district, discusses career exploration at the ISTELive 26 + ASCD annual conference at the Orange County Convention Center in Orlando, Fla., on June 29, 2026. Barrios argued that schools need to do more than match students' interests with potential careers. Career exploration is a social act, she said.
Marvin Joseph/Education Week