California Supreme Court Reinstates CAHSEE

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Big News! If I'm reading the ruling correctly, the State Supreme Court has referred CDE's suit seeking to overturn Judge Freedman's injunction has been referred to the Court of Appeals. They have stayed the injunction pending the decision of the Court of Appeals. Apparently, the State Supreme Court don't believe that Judge Freedman's injunction was the correct relief even if the plantiffs win their case. Here's the high court ruling just announced:

    OCONNELL v. S.C. (VALENZUELA)
    Case: S143543, Supreme Court of California

    Date (YYYY-MM-DD): 2006-05-24
    Event Description: Transferred to CA 1
    Notes:
    Respondent and real parties in interest are ordered to show cause before the Court of Appeal, First Appellate District, why the relief sought in the petition for writ of mandate
    should not issue. Because at this juncture this court is not persuaded that the relief granted by the trial court's preliminary injunction - which would require school districts
    to grant high school diplomas to students despite the students' failure to pass the California High School Exit Exam - would be an appropriate remedy even if plaintiffs
    were to prevail in their underlying claims, the injunction issued by the trial court in its order of May 12, 2006, is stayed pending the Court of Appeal's determination of this writ
    proceeding. This stay does not preclude the trial court from conducting further proceedings in the underlying matter during the pendency of the writ proceeding in the
    Court of Appeal. Upon receipt of this writ proceeding, the Court of Appeal is directed to establish a schedule for expedited briefing and argument. Kennard, J. joins in the above
    order except that she would deny petitioners' application for a stay. Werdegar, J., and Moreno, J., would deny the petition for writ of mandate and would deny the application
    for a stay with the understanding that pursuant to the trial court's order, the injunction does not prohibit petitioners from requiring the school districts to annotate a diploma to
    report a student's status as having passed or not passed all portions of the California High School Exit Exam.

    Votes: George, C.J., Kennard, Baxter, Chin, and Moreno, JJ.

This is a great decision! Now, students, parents, schools and districts can treat the CAHSEE requirement seriously and the students who need extra attention can continue to receive it.

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