The lawsuit over California鈥檚 exit exam won鈥檛 be settled before this year鈥檚 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. 翱鈥机辞苍苍别濒濒.
鈥淭his is a most welcome decision,鈥� state Superintendent of Public Instruction Jack 翱鈥机辞苍苍别濒濒 said Friday in a press release. Mr. 翱鈥机辞苍苍别濒濒 has stood firm on the exit-exam requirement. 鈥淪chool 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.鈥�
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鈥檛 be due until June 13, and oral arguments won鈥檛 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鈥攁nd upholds a decision by a lower-court judge to lift the exam requirement鈥攕eniors 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鈥檝e passed the exam. Mr. 翱鈥机辞苍苍别濒濒, 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鈥� argument that students who have not passed the test鈥攅specially English-language learners鈥攈ave 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. 翱鈥机辞苍苍别濒濒 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鈥� arguments.
鈥淲e intend to vigorously defend Judge Freedman鈥檚 ruling,鈥� Mr. Gonzalez said in his statement. 鈥淭he 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.鈥�
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.
