Judge halts Algebra I mandate; December hearing set
Published: October 31, 2008
Accepting arguments put forward by CSBA’s Education Legal Alliance and the Association of California School Administrators, a Sacramento Superior Court judge has ordered the State Board of Education to halt any further action on its controversial mandate that all California eighth-graders be tested in Algebra I pending a December court hearing on the issue.
Judge Shellyanne Chang issued a temporary restraining order Oct. 28, ruling that the plaintiffs—and the school districts and students these education organizations represent—would “suffer irreparable injury” if the SBE is allowed to implement its algebra mandate without a comprehensive hearing on the issue.
The judge’s ruling was a significant victory for the education associations that sued to halt the Algebra I mandate, which the SBE imposed unexpectedly at its July 9 meeting. The lawsuit challenges the State Board’s authority to change the state's content standards, which do not currently require eighth-grade students to take Algebra I.
“We are pleased by the judge’s ruling,” CSBA Executive Director Scott P. Plotkin said after it was announced. “Prior to making their decision, the SBE didn’t provide the public with an opportunity to express how such a change in policy will have significant ramifications for all aspects of the educational system. This restraining order validates our belief that the SBE overstepped its authority.”
State Superintendent of Public Instruction Jack O’Connell, who submitted a declaration to the court in support of the request for a temporary restraining order, also welcomed the judge’s decision.
“I am pleased that the court found that CSBA and ACSA’s concerns were valid and stopped implementation of the Board’s plan until a full hearing can be held on the merits of the case in December,” O’Connell said.
Dec. 19 hearing set
The judge’s temporary restraining order prevents the SBE from taking any action to implement its Algebra I mandate and from approving or executing a timeline waiver or compliance agreement with the U.S. Department of Education. The SBE was scheduled to consider a waiver at its Nov. 5-6 meeting. Instead, SBE representatives must appear in court Dec. 19 to show cause why the judge should not issue a permanent injunction until the algebra issue comes to trial.
The U.S. Department of Education had previously complained that California’s eighth-grade math test lacked sufficient rigor. O’Connell recommended that the state satisfy the federal concerns by requiring eighth-graders to take a new, more demanding test that included some algebraic concepts but did not require complete mastery of the subject. Instead, Gov. Arnold Schwarzenegger recommended—just 24 hours before the SBE’s July meeting—that all eighth-graders be assessed on Algebra I skills, and the panel agreed on an 8-1 vote.
Opponents sued, challenging the process by which the mandate was imposed and the SBE’s authority. Critics also contend that many students are not ready to master Algebra I in eighth grade and many question the cost. O’Connell asserted that hiring more math teachers to prepare students to pass an eighth-graders Algebra I test would divert billions of dollars from more essential education programs.