Chapman

Chapman v. CA Dept of Education

Good Law
229 F. Supp. 2d 981·2002 WL 31491722·2002 U.S. Dist. LEXIS 21879
United States District Court, Northern District of CaliforniaFebruary 21, 2002C 01-01780 CRBCalifornia5,171 words

Opinion

Opinion

Breyer, J.

ORDER RE: PRELIMINARY INJUNCTION

Plaintiffs seek a preliminary injunction to halt the administration of the California High School Exit Exam (“CAHSEE”) currently scheduled for March 5, 6, and 7, 2002. As an alternative, plaintiffs propose making the CAHSEE voluntary for all students. As set forth below, the Court concludes that plaintiffs have shown that preliminary relief is warranted. Absent a court order, the March administration of the CAHSEE is likely to violate rights guaranteed to learning disabled students under federal law. However, the scope of relief prayed for is not warranted. The Court has crafted an injunction that protects the rights of learning disabled students without derailing the State of California’s efforts to improve education in the State.'

BACKGROUND

The CAHSEE was administered to freshmen in the class of 2004 on a voluntary basis, in March 2001. On March 5, 6, and 7 of this year, the CAHSEE will be administered on a mandatory basis to all members of the class of 2004 (sophomores) who have not already passed the exam. Under current California law, members of the class of 2004 are required to pass the CAHSEE to receivé a diploma. Cal. Ed. Code § 60851…

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