SBE rebuffs critics of Algebra 1 mandate
Published: September 12, 2008
The state Board of Education took no action at its Sept. 11 meeting to rescind its mandate that all California eighth-graders take Algebra 1 despite requests from math teachers, parents and the attorney who represents CSBA and the Association of California School Administrators in a lawsuit filed against the board’s July 9 decision.
CSBA Assistant General Counsel Judy Cias emphasized that both CSBA and ACSA support high standards and rigor for all students.
“Our concern is about the process the board took to reach this decision and whether the board has the legal authority to make the decision,” Cias told the panel.
Cias pointed to arguments against the mandate by state Senate President Pro Tem Don Perata; Sen. Darrell Steinberg, D-Sacramento; Sen. Tom Torlakson, D-South San Francisco; and Assembly Member Gene Mullin, D-South San Francisco. These legislators have questioned the SBE decision and the fact that it was made without adequate public notice or opportunity to respond, and without any input from the Legislature.
“We believe that the July 9 action was unlawful under the Open Meeting Act,” Cias told the board. “Because the underlying action was illegal, we believe any agreement or waiver between the state and the U.S. Department of Education based on the July 9 action is also illegal. We would urge [the SBE] not to move forward with any negotiations until the underlying legal issues are resolved.”
Cias was referring to ongoing negotiations between the SBE and federal officials on a time frame for phasing in the mandate and the possibility of a waiver to allow scores from students who score proficient or above on the Algebra 1 end-of-course exam during seventh grade to be credited and included to meet federal standards related to the No Child Left Behind Act.
Cias reiterated the associations’ concern that the board take no further measures without full transparency into its actions on the contentious matter.
“We would urge that any agreement or waiver and implementation plan come back to the full board for approval and not occur in isolation and without an opportunity for a public hearing,” Cias said.