Coachella Valley USD et. al. v. State of California San Francisco Superior Court decision is appealed to the First Appellate District – Division 5 in San Francisco
Superior Court Judge Kramer decided on May 25, 2007 that he didn’t have the authority through the writ of mandate process to order California to change its testing system for the purposes of the No Child Left Behind Act because he decided that the duties under NCLB are discretionary, not mandatory. He did not review any evidence nor made any determination on whether or not California’s testing meets the requirement under NCLB that they be valid and reliable for English learners
Attached are the opening brief May 2008 and final brief November 2008, declaration from California School Boards Association and an amicus brief from the California Rural Legal Assistance filed with the appellate court. The next step is for the court to set a date for oral arguments.