Today's filing fulfills a promise made by lead attorney Arturo Gonzalez yesterday after the State Supreme Court issued a stay of an Alameda County Superior Court judge's order that the test not be used to determine graduation. " " Our clients are disappointed in today's 4-3 split decision of the California Supreme Court. However, this fight is not over," Gonzalez said, "We intend to seek immediate relief in the court of appeals in San Francisco. We are hopeful that oral argument can be scheduled in time to obtain an order that would allow the Class of 2006 to graduate." On May 12, Alameda County Superior Court Judge Robert Freedman decided that the test was unfair and unconstitutional and issued an injunction against the use of the test. The following week, attorneys for State Superintendent of Schools Jack O'Connell , author and avid supporter of the law requiring the test, appealed Freedman's decision directly to the State Supreme Court, asking the court to stay the effect of the injunction immediately and to over rule it. Yesterday, the court issued the stay, but send the state's appeal down to the appellate court. "With the majority of graduations occurring in early June, Plaintiffs respectfully submit that it is a reasonable interpretation of the Supreme Court's Order to set a hearing for this matter next week," lawyers wrote in the filing. Cynthia O'Brien, who oversees testing at James Logan High School in Union City, expressed some exasperation over the on-again, off-again situation regarding the test. "What is happening at this time with the emotional lives of students who are in limbo is not reasonable or in their best interest" she said. "Although the exam's intention is to create a better education environment for students (my words), it is now more about politics than the students."
Today's filing fulfills a promise made by lead attorney Arturo Gonzalez yesterday after the State Supreme Court issued a stay of an Superior Court judge's order that the test not be used to determine graduation. " Our clients are disappointed in today's 4-3 split decision of the California Supreme Court. However, this fight is not over," Gonzalez said, "We intend to seek immediate relief in the court of appeals in San Francisco. We are hopeful that oral argument can be scheduled in time to obtain an order that would allow the Class of 2006 to graduate." On May 12, Alameda County Superior Court Judge Robert Freedman decided that the test was unfair and unconstitutional and issued an injunction against the use of the test. The following week, attorneys for State Superintendent of Schools , author and avid supporter of the law requiring the test, appealed Freedman's decision directly to the State Supreme Court, asking the court to stay the effect of the injunction immediately and to over rule it. Yesterday, the court issued the stay, but send the state's appeal down to the appellate court. "With the majority of graduations occurring in early June, Plaintiffs respectfully submit that it is a reasonable interpretation of the Supreme Court's Order to set a hearing for this matter next week," lawyers wrote in the filing. Cynthia O'Brien, who oversees testing at in Union City, expressed some exasperation over the on-again, off-again situation regarding the test. "What is happening at this time with the emotional lives of students who are in limbo is not reasonable or in their best interest" she said. "Although the exam's intention is to create a better education environment for students (my words), it is now more about politics than the students."
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Alameda County
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Jack O'Connell
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James Logan High School