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 10 Districts Sue State Over Testing  
Los Angeles Times  
June 2, 2005 
By Duke Helfand, LA Times Staff Writer  
 
The school systems object to students with limited English skills being forced 
to take standardized exams in that language.  
Ten California school districts sued the state Wednesday, accusing top officials 
of violating the federal No Child Left Behind education law by requiring 
students with limited English skills to take annual standardized tests in 
English rather than in their primary languages.  
 
The lawsuit, filed in San Francisco Superior Court, alleges that such 
English-language tests produce invalid and unreliable test scores for 
California's 1.6-million students who are still learning the language.  
 
The test results for math, English and other subjects are used to evaluate 
schools and districts under No Child Left Behind. Campuses can face sanctions, 
including the removal of staff, if they fail to adequately raise scores.  
 
District superintendents and bilingual advocates say the state's testing system 
unfairly penalizes school systems that serve large numbers of immigrant and 
migrant students with a limited command of English.  
 
The school officials want the state to comply with No Child Left Behind's 
guidelines that allow schools to wait up to five years before giving 
English-language tests to students who are not proficient in the language.  
 
"California's testing of English learners is neither valid nor reliable. This 
has been disastrous and very painful for our community," Supt. Ruben H. Pulido 
of the Alisal Union Elementary School District in Salinas told a news conference 
in Los Angeles on Wednesday. "We are not educational failures."  
 
In addition to Gov. Arnold Schwarzenegger, the suit names Supt. of Public 
Instruction Jack O'Connell, members of the state Board of Education and the 
state Department of Education.  
 
A Schwarzenegger spokeswoman said the administration would not comment because 
it had not yet seen the lawsuit.  
 
But O'Connell's spokesman defended the state's method of testing all students in 
English annually, saying the approach had won the blessing of the U.S. 
Department of Education.  
 
The spokesman, Rick Miller, also said the state did not have a reliable 
alternative test in Spanish, or any other foreign language, that was acceptable 
to the federal government.  
 
"We have more than 100 languages spoken in our schools," Miller said. "It's not 
practical to produce a test in every language. What they want is not possible."
 
 
Most California public school students are now taught in English, the result of 
a 1998 voter-approved initiative that sharply limited bilingual education. 
Still, it often takes students several years to become proficient in English, a 
factor that affects test results.  
 
No Child Left Behind does not require states to measure academic proficiency in 
English until such students have been enrolled in a school in this country for 
three or more years. Districts can exempt students for an additional two years 
if they still are not proficient in English.  
 
By contrast, all California students are tested annually in English on exams 
tied to the state's academic standards; the scores of first-time test takers 
with limited English skills are not counted against schools. In addition to 
conforming to the federal law, the districts want the state to modify the 
English tests to make them more comprehensible to students. Doing so, they said, 
would be fair to English learners as well as the schools and districts they 
attend.  
 
"Our students are doing quite well, as long as they are given the opportunity to 
learn English," said Supt. Foch Pensis of the Coachella Valley Unified School 
District in Riverside and Imperial counties, which has been identified under No 
Child Left Behind as needing improvement based partly on the test scores of its 
English learners.  
 
The Coachella Valley and Alisal school districts were joined in the lawsuit by 
school systems in Hawthorne, Oxnard and other urban and rural areas. Students, 
parents and advocacy organizations, including the California Assn. for Bilingual 
Education, also were part of the suit.  
 
"We are defeating the purpose of No Child Left Behind when we don't test kids 
validly," said Mary Hernandez, one of the attorneys who filed the lawsuit.  
  
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