California judge voids school exit exams

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 Freedman issued a preliminary injunction against the 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. 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, said the state planned 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."

Freedman rejected a request by state lawyers Friday to stay his decision until an appeals court can rule on the case. However, state lawyers said they would seek the stay from a higher court as they pursue their appeal.

Washington state also has a high-stakes graduation test. The class of 2008 is the first for which passing the Washington Assessment of Student Learning (WASL), or an alternative assessment, is to be required for graduation, although state legislators are considering alternatives.