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Court denies last-ditch appeal of exit exam
Contra Costa Times ^ | 5/26/6 | Shirley Dang

Posted on 05/26/2006 10:12:25 PM PDT by SmithL

A state court of appeals has decided against ruling on the high school exit exam before graduation, dealing what seems a final blow to 47,000 high school seniors who flunked the test required for a diploma.

On Thursday, the appellate court scheduled oral arguments for July 25, more than a month after most students would have donned a cap and gown. Lawyers for students suing over the test asked justices to settle the issue of diplomas now, reserving the right to decide the merits of the case later.

Friday afternoon, the court denied the request. Arturo Gonzalez, the lawyer representing five Richmond High School students, said he would continue to fight the case at the July 25 hearing.

"This case is far from over," Gonzalez said in a statement.

As of last count, 47,000 California seniors, or 11 percent statewide, had failed the exam.

In February, five Richmond High School students joined a suit claiming that the state did not provide an equal chance for all students to learn the material. On May 12, an Alameda Superior Court judge ruled in their favor.

On Wednesday, the state Supreme Court stayed the decision and ordered the appellate court to hash out a ruling.

Superintendent of Schools Jack O'Connell said he welcomed the appeals' court decision to stick with the original timetable.

"School districts throughout California now have certainty, and should proceed with graduation exercises for the Class of 2006 as planned before the exit exam was challenged in court," O'Connell said in a release.


TOPICS: Culture/Society; Government; News/Current Events; US: California
KEYWORDS: exitexam; graduation; publicschools; yourtaxdollarsatwork
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I'm guessing that the Appeals Court correctly surmised that the California Supreme Court was in no mood to play games with this issue. The speed and severity of the smackdown on Freedman was probably a pretty decent indicator.
1 posted on 05/26/2006 10:12:27 PM PDT by SmithL
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To: SmithL
I'm guessing that the Appeals Court correctly surmised that the California Supreme Court was in no mood to play games with this issue.

Exactly. They didn't want to get spanked by the California Supremes.
2 posted on 05/26/2006 10:15:32 PM PDT by NinoFan
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To: SmithL

Going by the attorney's name, Arturo Gonzalez, I wonder just how many of these kids don't speak any or much English....


3 posted on 05/26/2006 10:16:34 PM PDT by HauntedSoul (Don't call me "newbie", see my profile page.)
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To: SmithL

can't graduate due to lack of education... sue?


4 posted on 05/26/2006 10:18:17 PM PDT by kinoxi
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To: SmithL
"A state court of appeals has decided against ruling on the high school exit exam before graduation, dealing what seems a final blow to 47,000 high school seniors who flunked the test required for a diploma."

And people wonder why the U.S. is heading toward the bottom of the list in regard to education?

5 posted on 05/26/2006 10:18:21 PM PDT by sageb1 (This is the Final Crusade. There are only 2 sides. Pick one.)
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To: kinoxi
"can't graduate due to lack of education... sue?"

If they sue the NEA, I'll be shoulder to shoulder with them. ;)

6 posted on 05/26/2006 10:19:40 PM PDT by sageb1 (This is the Final Crusade. There are only 2 sides. Pick one.)
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To: SmithL

Whenever we get together, a relative of mine always brings up this subject and insists that exams like this are a bad idea because they are too difficult for the average student. I've tried explaining to her that most of the graduation exams only require the very basics, but she refuses to listen. The shocking thing is that she is a conservative.


7 posted on 05/26/2006 10:22:59 PM PDT by NinoFan
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To: SmithL; EdReform; Born Conservative; Congressman Billybob; Brilliant; Buckhead; Calpernia; ...

Hmmmm... while I'm not an attorney, it seems that those 47,000 kids might have a pretty good Class Action case vs. their local districts and the NEA/CTA! Gross Negligence. Maybe other grounds as well.


8 posted on 05/26/2006 10:23:59 PM PDT by The Spirit Of Allegiance (Public Employees: Defend the Constitution! Represent LAWFUL Constituents! SEAL THE BORDERS NOW)
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To: SmithL
"As of last count, 47,000 California seniors, or 11 percent statewide, had failed the exam."

Gee, Now I guess they will understand that FAILED doesn't mean you still PASS !

Flunk the 47,000 students, and fire the stupid teachers!

Next case?
9 posted on 05/26/2006 10:28:48 PM PDT by Beagle8U (Juan Williams....The DNC's "Crash test Dummy" for talking points.)
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To: Beagle8U
Flunk the 47,000 students, and fire the stupid teachers!

To be fair... Is it always the teacher's fault if his/her student fails a graduation exam? The teachers are generally under pressure* by the school administrators to pass even the weakest students.

*And by pressure, I mean with the threat of losing their jobs.
10 posted on 05/26/2006 10:31:42 PM PDT by NinoFan
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To: Beagle8U

What I wanna know is-- what kind of idiot parent blames the teacher and not the student for slacking off and failing?

"How dare you flunk my pwecious widdle boobiekins"

Personal responsibility is dead to these people, and I think they need a good smack in the head.

SOOOO glad these dimwads lost in court.


11 posted on 05/26/2006 10:35:35 PM PDT by VictoryGal (Never give up, never surrender!)
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To: Beagle8U
Wait a minute, it's not the stupid teachers, it's the stupid students(lazy, self absorbed and supported by their parents.

I am for vouchers as the only way to save our education system, and give the parents a sense of ownership.

Also, no Drivers license without a HS degree.
12 posted on 05/26/2006 10:36:07 PM PDT by stubernx98 (cranky, but reasonable)
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To: Beagle8U

Flunk the 47,000 students, and fire the stupid teachers!

Next case?

I'm with you.


13 posted on 05/26/2006 10:36:18 PM PDT by garylmoore
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To: SmithL

Perhaps now the students and the parents are going to realize that school is NOt about socializing but Learning!

Radical concept.

I have read about a school in Cali that has the highest SAT scores in the nation. Many White families are pulling thier children OUT of he school. (the school is mostly Asian).
Not for racist ideas but becasue they are 'to focused on education', leaving no time for socializing!

No kidding! They think that education is only 'part of the high school experience"! Califools.


14 posted on 05/26/2006 10:36:54 PM PDT by truemiester (If the U.S. should fail, a veil of darkness will come over the Earth for a thousand years)
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To: NinoFan

The GED is about a 3 or 4 hour exam, but they allow 3 days to complete it. I would put it at about a 6th grade level, based on the standards when I was in 6th grade, 1954.
There are students who far exceed the basic standards, but anyone who can't pass the basics does not deserve a diploma.


15 posted on 05/26/2006 10:37:38 PM PDT by SWAMPSNIPER (LET ME DIE ON MY FEET, IN MY SWAMP)
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To: NinoFan
"*And by pressure, I mean with the threat of losing their jobs."

Great! I said fire them.

If they worked for me, I would fire them. Unless they have some proof that 11% of the kids in California are retarded and unable to learn, the teachers failed.

If those kids refused to do anything, but yet kept being advanced, the teachers failed.

Trash the unions, and trash those teachers, they failed.
16 posted on 05/26/2006 10:41:06 PM PDT by Beagle8U (Juan Williams....The DNC's "Crash test Dummy" for talking points.)
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To: truemiester

> Many White families are pulling thier children OUT of he school. (the school is mostly Asian). Not for racist ideas but becasue they are 'to focused on education', leaving no time for socializing!

Oh. My. God.

Hope they like their children staying in their house until they're 40, because they can't land a job beyond cashier at Micky Ds.


17 posted on 05/26/2006 10:42:01 PM PDT by VictoryGal (Never give up, never surrender!)
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To: VictoryGal
"What I wanna know is-- what kind of idiot parent blames the teacher and not the student for slacking off and failing? "

If the damn kids only advanced to a 6th grade level, they should still be in 6th grade! If the teachers kept passing them to 12th, they failed!
18 posted on 05/26/2006 10:46:09 PM PDT by Beagle8U (Juan Williams....The DNC's "Crash test Dummy" for talking points.)
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To: Beagle8U

A parent who only finds out his child is doing poorly in school when he fails the high-school state exam is just not paying attention. I mean, come on.


19 posted on 05/26/2006 10:48:23 PM PDT by VictoryGal (Never give up, never surrender!)
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To: SmithL
This case will eventually land in the 9th Circuit Court. Any bets on how that court will rule?

-PJ

20 posted on 05/26/2006 10:51:38 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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