On Monday, Alameda County Superior Court Judge Robert B. Freedman said he would issue an injunction against the high-stakes test, which was taken Tuesday by thousands of seniors in danger of not being graduated unless they pass, unless the state ’ s attorneys came up with an otherwise convincing argument by 2 p.m. The San Francisco law firm Morrison & Foerster filed the lawsuit on behalf of Richmond High School senior Liliana Valenzuela and others. It contends that the test violates the “equal protection” concept of the law in that poor students and English-language learners don ’ t have access to equal education. The ruling would affect about 47,000 California high school seniors, and dozens at James Logan High School, who have yet to pass the exam and would be barred from being graduated if they don ’ t. Last week, state Superintendent of Schools Jack O ’ Connell said that about 47,000 California high school seniors still needed to pass the test or face the prospect of completing four years of schoolwork without receiving a diploma. O ’ Connell wrote the law requiring the test while serving in the state legislature. The statistics O ’ Donnell cited also show that, while nearly 90 percent of seniors have passed the test, only 71 percent of seniors who are English learners have passed, and 83 percent of those classified as low-income have passed. Cynthia O ’ Brien, who is coordinating the administration of the exit exam at James Logan, said she ’ d like some certainty about whether the test is going to be required or not. "I am afraid that the message we are giving our students is that you don't need to care,” O ’ Brien continued, “Then, one day, the system will pull the rope tight, and students will be caught not having what they need. Yes, they should all be doing their best, but when the system cries WOLF too often, people tend to ignore the message.” O ’ Donnell, in a statement released on Monday, said he would try to make sure the test counts. "Recognizing that today ’ s ruling is not final, I intend to do everything in my power to ensure that at the end of the legal day we maintain the integrity of the high school exit exam, and that all graduates in the class of 2006 will enter college or the workforce with a diploma that reflects their mastery of critical academic skills,” he said. If Freedman grants the injunction, the state ’ s lawyers say they ’ ll appeal. Whatever happens with Valenzuela vs. California, the battle isn ’ t over. Next week, Freedman is scheduled to hear arguments in another suit that seeks to block the test. Lawyers for Public Advocates claim the department failed to hold until December a public hearing to consider alternatives to the test, six years after the Legislature approved it.
On Monday, Superior Court Judge Robert B. Freedman said he would issue an injunction against the high-stakes test, which was taken Tuesday by thousands of seniors in danger of not being graduated unless they pass, unless the state ' s attorneys came up with an otherwise convincing argument by 2 p.m. The San Francisco law firm Morrison & Foerster filed the lawsuit on behalf of Richmond High School senior Liliana Valenzuela and others. It contends that the test violates the “equal protection” concept of the law in that poor students and English-language learners don ' t have access to equal education. The ruling would affect about 47,000 California high school seniors, and dozens at James Logan High School, who have yet to pass the exam and would be barred from being graduated if they don ' t. Last week, state Superintendent of Schools Jack O ' Connell said that about 47,000 California high school seniors still needed to pass the test or face the prospect of completing four years of schoolwork without receiving a diploma. O ' Connell wrote the law requiring the test while serving in the state legislature. The statistics O ' Donnell cited also show that, while nearly 90 percent of seniors have passed the test, only 71 percent of seniors who are English learners have passed, and 83 percent of those classified as low-income have passed. Cynthia O ' Brien, who is coordinating the administration of the exit exam at James Logan, said she ' d like some certainty about whether the test is going to be required or not. "I am afraid that the message we are giving our students is that you don't need to care,” O ' Brien continued, “Then, one day, the system will pull the rope tight, and students will be caught not having what they need. Yes, they should all be doing their best, but when the system cries WOLF too often, people tend to ignore the message.” O ' Donnell, in a statement released on Monday, said he would try to make sure the test counts. "Recognizing that today ' s ruling is not final, I intend to do everything in my power to ensure that at the end of the legal day we maintain the integrity of the high school exit exam, and that all graduates in the class of 2006 will enter college or the workforce with a diploma that reflects their mastery of critical academic skills,” he said. If Freedman grants the injunction, the state ' s lawyers say they ' ll appeal. Whatever happens with Valenzuela vs. California, the battle isn ' t over. Next week, Freedman is scheduled to hear arguments in another suit that seeks to block the test. Lawyers for Public Advocates claim the department failed to hold until December a public hearing to consider alternatives to the test, six years after the Legislature approved it.
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