Association of Mexican-American Educators v. California

Plaintiff class of minority educators appeals the District Court’s finding that the Defendant California Commission on Teacher Credentialing’s CBEST exam did not violate Title VI or Title VII of the 1964 Civil Rights Act (“Plaintiffs’ Appeal”). Defendants cross-appeal the District Court’s earlier finding on summary judgment that Title VI and Title VII apply to California’s credentialing of public school teachers, and appeal the District Court’s denial of their costs (“Defendants’ Appeal”).

I. Facts and Procedural History

Effective February 1, 1983, the California State Legislature amended the California Education Code to bar the California Commission for Teacher Preparation and Licensing (“CTPL”) from issuing any credential, permit, or certificate to any applicant unable to demonstrate basic reading, writing and mathematics skills in the English language as measured by a basic skills proficiency test. Association of Mexican-American Educators v. State of California, 836 F.Supp. 1534, 1538 (N.D.Cal.1993) (“AMAE I”). In May 1983, after three test administrations, the CTPL assumed full responsibility for revising and administering the CBEST. 2 AMAE I, 836 F.Supp. at 1539 .

The…

dissenting:

The majority opinion holds that the CBest examination is not subject to Title VII because the CBest is a licensing exam. Because I believe that the majority’s holding rests on the mistaken conclusion of law that Title VII does not apply to the CBest simply because it is a licensing exam, I respectfully dissent from that portion of the opinion which holds that the CBest is *1082 not subject to Title VII. 1 Because the majority holds that neither Title VI nor Title VII applies, I see no reason for dictum concerning the merits of the contention that the CBest violated Title VI and Title VII.

I

The majority characterizes the “critical issue” in this case as “whether the State is exercising its police powers or proprietary powers.” Majority Opinion at 1071. If the CBest is an exercise of the State’s police powers, the majority states, then the CBest would be a licensing exam and therefore exempt from Title VII liability. See id. at 1071. Ignoring for the moment the wisdom of relying on a standard as uncertain as the “police/proprietary power” standard offered by the majority, I believe that framing the issue in these terms is incorrect as a matter of law.

Title VII…