High school requirement put to test test

By Emily Richmond

Wednesday, May 10, 2006 | 7:26 a.m.

In a legal case that could hold lessons for Nevada, a California judge is expected to rule Friday that the Golden State's high school exit exam is an unfair requirement for graduation.

This was to be the first year that passing the math and English portions of the exam would be a requirement for California's public school students. Education officials announced last week that more than 46,000 high school seniors had not yet passed the exam, with graduation ceremonies beginning next month.

Alameda County Superior Court Judge Robert Freedman issued a tentative ruling Monday against the exam, saying his decision was based on the concept of "equal protection," according to an article posted Tuesday on the San Francisco Chronicle's Web site.

Attorneys for a San Francisco law firm representing six high school seniors said students who failed the test were more likely to have been taught by less-qualified teachers in overcrowded classrooms. Most of the students who failed are poor, and 44 percent of them are not native English speakers, according to the article.

Allen Lichtenstein, attorney for Nevada's American Civil Liberties Union, said while his group had no plans to file a similar suit, the organization will be closely watching the outcome of the California case.

"It's a claim that exists not only in California and Nevada but in other states as well - kids in different economic circumstances receive different educations," Lichtenstein said. "This should be a wake-up call to Nevada that this kind of disparity will be looked upon by the courts as something that is unacceptable."

To graduate, Clark County seniors must have 22.5 academic credits and passing scores on the reading, writing and math sections of the Nevada High School Proficiency Exam. Students who complete the credits but do not pass the exam are allowed to participate in commencement ceremonies and receive "certificates of attendance" instead of diplomas.

Students have several opportunities to pass the exam, beginning in their sophomore year. Next week seniors will have their last chance to pass the exam before June's graduation ceremonies.

The pass rate for the proficiency exam has been climbing steadily in recent years, and the class of 2006 is expected to continue the trend. Last year 91.5 percent of the district's more than 12,000 seniors passed the exam. About 83 percent of black students and 85 percent of Hispanics passed.

Clark County School Board member Larry Mason attributed the improved pass rate to the district's intensive classes, tutorials and workshops aimed at helping students prepare for the test. The district has also bulked up its math curriculum, making algebra a required course. About 20 percent of the proficiency exam involves algebra.

But 30 percent of the exam is also geometry, which is not yet a required course.

Assemblywoman Chris Giunchigliani, D-Las Vegas, argued unsuccessfully during the 2003 and 2005 legislative sessions to allow alternative assessments for high school seniors, such as a portfolio of work that would be evaluated by an independent panel.

"We have kids being tested on classes they've never taken, curriculum they've never been exposed to and being taught by teachers working outside their areas of expertise," Giunchigliani said. "Tests are just one type of measure of achievement. Don't dismiss four years of classes, four years of completed assignments, four years of going to school every day and hand them a certificate of attendance."

In 2003, with a quarter of Clark County's high school seniors having failed the math portion of the test, Nevada lawmakers voted to lower the minimum passing score from 304 to 290, out of a possible perfect score of 500. The Legislature ordered the passing score to increase by several points through 2007, when it will be restored to 304, giving educators time to find more effective ways to teach the required material.

Sen. Bob Beers, R-Las Vegas, opposed lowering the bar on the math exam.

"The answer to students failing measures of accountability can never be eliminating measures of accountability," said Beers, who is a candidate for governor. "The answer is to improve the educational process."

The increased pass rate in Clark County is proof of that, as district officials realized they faced serious consequences if student achievement did not improve, Beers said.

Mason brought news of the California ruling to the Latin Chamber of Commerce, where he was taking part in a board meeting Tuesday. The School District is working to close its minority achievement gap but significant disparities exist, Mason said.

"We're trying to address the situation, and we're seeing some progress but it's nowhere near where we have to be," Mason said. "Inequities exist in public education across the nation, and Clark County may be at the forefront. That's why it's time for us to ask the tough questions - not just what's not being done but what do we need to do to fix it."

Emily Richmond can be reached at 259-8829 or at [email protected].