June 11, 2009: Concerned parents and community groups throughout California filed suit in San Francisco Superior Court today challenging State Superintendent Jack O’Connell’s decision to suspend monitoring of specialized education programs for Homeless, Neglected, Juvenile Justice, Migrant, English learners, and other disadvantaged youth for at least one year.  The money for these special programs comes primarily from federal funding under the No Child Left Behind Act, and must be spent to augment general education programs funded by the state. 

The lawsuit, Alejo, et al. v. O’Connell, et al, Case No. CPF 09-509568, alleges that the state must monitor and oversee the use of these funds by school districts to ensure that they are used to help academically “at risk” students overcome educational challenges.   The state retains a percentage of these federal funds  so that it can fulfill the promise it made to the U.S. Government to monitor and evaluate these programs.  The Petitioners allege that the state is unlawfully spending the money for other purposes and leaving school districts to do the same.

Watch "Immersion Film" Directed By Richard Levien, Produced By Richard Levien

Coachella Valley Unified School District et al. v. State of California et al.
Case no. A120667--- Oral argument May 18, 2009—status report

On May 18, 2009 over 80 parents, teachers, administrators and board members gathered in San Francisco to witness the oral arguments of our NCLB Testing Lawsuit, Coachella Valley Unified School District v. the State of California.  Prior to entering the court house, Senator Gloria Romero, our attorney – Mary Hernandez, a teacher, board member and superintendent spoke to our supporters and the press as to the importance of this lawsuit and the significance it has to close to 1.6 million English learners. Our numbers were so large that once the oral arguments started half of the group had to participate in an overflow auditorium where the hearing were broadcast live.
 
 At the oral argument, the court declared the matter submitted, which means that the court will now consider the record (evidence and argument) closed. The one exception is the request from the court to the State, to provide citations to the record (the evidence presented to the trial court) of statistical or psychometric data that the CSTs and CAHSEE are valid and reliable and/or accurate measures of English Learner academic knowledge.  Per the court website, that information is due May 22.

The appellate court now prepares an opinion. The opinion can be unanimous or split 2-1. The internal operating rules for the First Appellate District are posted on its website and explain the court process for reaching agreement on an opinion. A dissenting justice can issue his/her own opinion as well.
There is no set time really for the issuance of an opinion. It ranges from a week to several months. Although technically an opinion must issue within 90 days, if the court needs more time, it procedurally can. Opinions can be published or not. Published opinions are precedential.

Either side can appeal the Court of Appeal decision to the California Supreme Court. However these appeals are discretionary and a very low percentage of appeals are actually taken.

Continue to check this website for updates. We will post the decision as soon as the court decides.

 

The Seal of Biliteracy is an award given by a school, school district or county office of education in recognition of students who have studied and attained proficiency in two or more languages by high school graduation.  Appearing on the transcript of the graduating senior, the Seal of Biliteracy is   a statement of accomplishment for future employers and for college admissions.

We are looking for school districts and schools that want to implement the Seal of Biliteracy Program.  The attached brochure gives direction and support for establishing this program.  Contact our office for more information 562-983-1333.

 

State School Superintendent Jack O'Connell again fails to recognize the lack of academic progress for 25% of California's students. For the sixth consecutive year, he offers no solutions to address or improve student performance. School Districts across the state will continue to be deemed as failures because of the large number of "misassigned" teachers, ineffective resources and inappropriate programs for English Learners.