QUOTE(Eeyore @ May 14 2006, 08:10 AM)
I have had a difficult time getting to primary sources for this story. The secondary ones have a bit of that sensationalism to them that thrives in articles grounded more in perception and opinion rather than in fact.
Primary sources, right on. The
Alameda County Court's website has the judge's ruling on this case. Search for JCCP004468. No text or PDF is available, but you can read it as
TIFF images (may require QuickTime plug-in), or in a
Java document viewer.
The state has released questions for the
English and
math sections of the CAHSEE. You can also take a
practice test online.
Do States have the right to require exit exams from High School seniors? I would say yes. The judge sort of agrees:
QUOTE(Judge Robert Freedman)
Plaintiffs are not challenging CAHSEE itself, and are not seeking to enjoin the continued administration of the tests, or efforts to prepare students state wide to be able to pass it. They seek only to delay the implementation of the diploma condition, and only as it affects this year's graduating class.
There is no persuasive credible evidence of harm flowing to anyone from granting the requested relief. Colleges and universities, and prospective employers each are still free to make appropriate decisions to offer or decline admission or offer employment based on a full range of factors.
I think Judge Freedman goes wrong in a couple of places. First, he essentially makes receipt of a diploma into a fundamental constitutional right:
QUOTE
Access to a public education is a fundamental personal interest in California, as set forth in Article IX, Section 5 of the California Constitution. The unique importance of public education in California requires careful scrutiny of state interference with basic educational rights.
Plaintiffs, and the class they represent, have met all the requirements that would, before now, have entitled them to a diploma of graduation. They now face the prospect of having the final fruits of those substatial efforts withheld. In the Court's view, and education itself and the certification of that education with its attendant benefits, is a distinction without a difference. A diploma can fairly be characterized as an "educational opportunity," the denial of which is subject to strict scrutiny.
The judge is putting a large burden on the State here. Later, he makes it clear that he will not be satisfied by even heroic efforts by the State to manage this burden:
QUOTE
Finally, and perhaps most significantly, in the fall of 2005, legislation was enacted allocating $20 million to be used for "intensive instruction and services" for members of the Class of 2006, calling for allocating $600 per senior who had not yet passed one or both parts of the exit exam. When these funds were distributed, however, they were allocated only to schools with a failure rate of 28% or above. As a result, 166 entire school districts, and nearly half of the seniors who had not passed the exit exam as of the start of the current academic year, did not receive an allocation from this $20 million. There is also evidence that some schools that did receive an allocation have not had time to use those funds to benefit the Class of 2006. Plaintiffs are likely to prevail on their claim that the State's arbitrary distribution of the $20 million allocated for remediation purposes contstitutes an additional violation of the equal protection clause.
(Emphases added.) The judge is complaining that the State's allocation of $20 million to the worst-performing schools, targeting the
majority of those who failed the test, is arbitrary. He doesn't say how the allocation could be improved, and I find it hard to imagine any allocation that he wouldn't find "arbitrary," and therefore unconstitutional. This is a pretty clear example of activist judging. Judge Freedman is substituting his judgment for the legislature's, and giving us no reason to think his judgment is superior.
In a more reasonable moment, the judge does allow the State to put a special annotation on the diplomas of the 90% of students who managed to pass the CAHSEE. Presumably, colleges and employers could look for this "gold star" as one of the "full range of factors" when making their "appropriate decisions." I half-expect the plaintiffs to appeal this part of the ruling.
Edit: fix typos.