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California Students File Suit Over High School Exam (Update1)

Feb. 8 (Bloomberg) -- A group of California high school students sued the state's superintendent of education, claiming a new exam may unfairly deny them a diploma even when they meet all other graduation requirements.

The students claim the California High School Exit Examination, which is required for graduation starting this year, denies them an equal opportunity to learn because some teachers aren't certified in the subjects being tested. Thousands of students may join the suit, filed today in San Francisco, said Arturo Gonzalez, a lawyer for the students.

``When I look at these poor kids, most of whom are Latino and African American, who haven't passed this test, I see myself,'' said Gonzalez, an attorney at Morrison & Foerster in San Francisco, who took the case without charging attorney's fees. ``If I had been required to pass this exam I may not have passed the math test. Almost every state that has an exit exam offers an alternative.''

The California legislature in 1999 passed a law requiring the exit examination. The test is designed to ensure high school graduates meet standardized levels of reading, writing and mathematics, according to the board of education's Web site. In 2001, when the exam was first administered -- though not required for graduation -- 64 percent of students passed the math section and 44 percent passed the English test, according to the suit.

Hilary McLean, a spokeswoman for State Superintendent of Public Instruction Jack O'Connell, said she couldn't comment on the lawsuit because she hadn't seen it.

The California High School Exit Examination ``is a way to ensure that students who leave our high schools have a minimal level of knowledge and skills,'' McLean said.

Students who don't pass the test can continue their education through independent schooling, summer or adult education, to earn a diploma, according to the California Department of Education.

The case is Valenzuela v. O'Connell, No. 06506050, California Superior Court in San Francisco.

To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net

Last Updated: February 8, 2006 18:37 EST

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