Exit exam upheld - court urges cooperation

[George Sheridan <learn@jps.net>]

Exit exam requirement upheld
Appeals court urges cooperation to help teens pass test.
By Claire Cooper -- Bee Legal Affairs Writer
Published Saturday, August 12, 2006
http://www.sacbee.com/content/news/v-print/story/14295036p-15141120c.html

SAN FRANCISCO -- An appeals court ruled Friday that a trial judge exceeded 
his authority -- and missed the point -- in ordering that diplomas be 
awarded to disadvantaged high school seniors who couldn't pass the 
California exit exam in time to graduate with the class of 2006.

The state Court of Appeal upheld the exit exam as a diploma requirement. It 
agreed with the trial judge, however, that the students' right to prepare 
for the must-pass test probably had been violated by schools that continue 
to provide a deficient education despite a decade of reform efforts by 
civil rights groups, the governor and the Legislature.

The justices urged the state, the students' lawyers and the trial judge, 
Robert Freedman of Alameda County, to cooperate on finding a way to help 
next year's seniors qualify for their diplomas.

"A high school diploma is not an education, any more than a birth 
certificate is a baby," Presiding Justice Ignazio Ruvolo wrote in holding 
that Freedman correctly perceived the problem but not the solution.

Awarding the diplomas would have perpetuated "a bitter hoax," signaling 
that students who lack basic academic skills are equipped to compete 
successfully in life, the decision said.

The immediate legal effect will be minimal. The ruling reversed Freedman's 
May order to award the diplomas to students who met all requirements except 
passing the exit exam -- 47,000 at the time. The order was stayed by the 
state Supreme Court before any diplomas were handed out.

But the appellate ruling set up a Supreme Court appeal on behalf of the 
40,000 members of the class of 2006 who still haven't passed.

Arturo Gonzalez, the plaintiffs' lawyer, said those students "are unlikely 
to benefit from any remedial measure that might be implemented at this late 
date." He said he'll continue pressing for diplomas and will ask the 
Supreme Court within 10 days to review Friday's ruling.

State Superintendent of Public Instruction Jack O'Connell -- who called the 
Court of Appeal decision a validation of the state's efforts to raise 
educational standards and opportunities -- said he was willing to talk to 
the plaintiffs about resolving the issues, as the court urged. He said he 
was "overall pleased" with progress made in getting help to students who 
need it.

In the coming academic year, that will include budgeted funds to provide 
$500 to schools for every senior who hasn't yet passed the exam and some 
juniors.

Gov. Arnold Schwarzenegger said the state budget includes "more than $75 
million for additional support services and instructional study materials."

Since the state Supreme Court's stay order, local school officials have 
crafted a host of tutoring and counseling programs targeting students in 
need of help.

At Hiram Johnson High School, where 28 members of the class of 2006 failed 
the May exam, about 20 are expected to return for a fifth year of high 
school and probably will retake the test in October, said Assistant 
Principal Michael Crosby.

"The programs will be available to them," he said. "All they have to do is 
apply themselves."

One of the students planning to return to Hiram Johnson as a fifth-year 
senior is Larissa Aguilar. She hasn't passed the exam and also has some 
course requirements to complete.

She said Friday's ruling makes it a little tougher to reach her goals, but 
she thinks the high-stakes exam is a good idea.

"If you don't know those things out of high school, you're not going to get 
very far," she said.

About the writer: The Bee's Claire Cooper can be reached at (415) 551-7701 
or ccooper@sacbee.com.

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George Sheridan