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Assembly Bill 347 (Nava - 2007)
Chapter 526, Statutes of 2007, AB 347
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Implements a proposed settlement agreement in the Valenzuela v. O’Connell lawsuit by placing conditions on the receipt of funding that requires school districts to provide intensive instruction and services to pupils who have not passed the high school exit examination by the end of twelfth grade.
The Valenzuela v. O'Connell lawsuit, filed in February 2006, challenges the passage of the California High School Exit Examination (CHSEE) as a graduation requirement on constitutional grounds, alleging students who failed the exam, but are otherwise eligible to graduate, were subject to an unequal education system - one that didn't adequately teach them the material on the test. The lawsuit did not stop implementation of the CHSEE as a graduation requirement for the high school graduating class of 2006, however, the core issues of the suit remain. In its decision upholding the graduation requirement for the class of 2006 the State Court of Appeals stated that, "we accept the trial court's conclusion that plaintiffs (Valenzuela) established a likelihood of success on the merits as to denial of their fundamental right to equal educational opportunity." The State Court of Appeals also recommended that the parties "find the pathways necessary to provide equal and adequate access to meaningful remedial assistance to students" under the auspices of the original trial court (Alameda Superior Court). According to the CDE, this bill intends to facilitate a resolution of the litigation by ensuring that students failing to meet the exit examination graduation requirement by the end of the 12th grade will have additional intensive instruction, services, and resources targeted to them; this includes counseling resources and services provided through the MHSSC.