A California judge struck down the state's controversial high school exit exam Friday, potentially clearing the way for thousands of seniors who have failed the test to graduate with their class next month.
Alameda County Superior Court Judge Robert B. Freedman issued a preliminary injunction against the mandatory testing requirement, ruling it places an unfair burden on poor and minority students who attend low-performing schools.
"With the bold stroke of a pen, Judge Freedman has given 47,000 students an opportunity to walk the stage with their classmates and to receive their high school diplomas," attorney Arturo Gonzalez said in a statement. Gonzalez filed the challenge to the exit exam in February on behalf of a group of students and their parents.
With graduation ceremonies weeks away, the decision throws into question the fate of many of the 46,700 seniors statewide -- roughly one in 10 -- who have failed the two-part test. It is certain to reignite national debate over the fairness of such exams.
State Supt. of Public Instruction Jack O'Connell, who wrote the legislation mandating the exam in 1999, expressed deep frustration over the ruling and reiterated the state's plans for a speedy appeal.
"I am greatly disappointed in today's court decision," he said. "It's a setback for students and for hard-fought school accountability in our state.... It's a decision that should not be allowed to stand."
Freedman rejected a request by state lawyers Friday to stay his decision until an appeals court can rule on the case. Hoping to quell confusion among students, parents and school districts, state lawyers said they would seek the stay from a higher court as they pursue their appeal.
"The most immediate concern is the chaos this decision creates in high schools all over the state. There are students who are within days of graduation. They are left with uncertainty about whether or not they will be granted a diploma," O'Connell said at a news conference at Burbank High School. "How are these students and schools supposed to plan for their immediate future?"
This year's 12th-graders were the first class to face the testing requirement, which includes a section of eighth-grade math and another of ninth- and 10th-grade English. Students are required to answer little more than half of the questions correctly and can take the test multiple times. Students with learning disabilities were exempted from the test.
