School districts sue state over testing guidelines By MATT KAPKO Bay City News Service June 1, 2005 A group of 10 California public school districts announced today that they are suing the state, alleging unfair testing practices and accountability standards for non-English speakers. The lawsuit alleges that the 1.6 million English learners enrolled in the state's public schools, and the districts that serve them, are unfairly measured because standardized tests are conducted only in English. Those test results translate into progress, and if that progress doesn't meet standards required by the federal No Child Left Behind (NCLB) Act, schools and districts are penalized. Many schools and districts throughout California are beginning to see sanctions imposed on them. But, the school districts and two education organizations - Californians Together and California Association for Bilingual Education - say there's another way. Through NCLB, the federal government provides each state with the resources to measure students' progress in their primary language, but California has refused to pursue the option or comply with NCLB guidelines, the lawsuit alleges. At least 14 other states already provide students with the opportunity to test in their native tongue, according to the lawsuit. The group isn't contesting NCLB, it's requesting the state to fully comply, said Mary Hernandez, one of the attorneys representing the districts and interest groups. "California's testing of English learners is neither valid nor reliable,'' Ruben Pulido, superintendent of Alisal Union Elementary School District, said today in a telephone news conference announcing the lawsuit. "Our English learners are being evaluated in an unfair manner,'' he said. "We want to state that we in fact are not educational failures,'' he said. "Families are moving away from our cities and towns ... because of program improvement,'' he added, referring to the penalties imposed on schools that don't meet federal standards. Frank Betry, superintendent of Terra Bella Union Elementary School District, said that he believes the state's assessment of students is designed to cause failure when it should measure a student's ability and promote progress. "We believe our children need a fair chance,'' he said. "If we do not resolve this issue now, (Brown v. Board of Education) meant nothing,'' he added, referring to the 1954 Supreme Court decision that ended racial segregation in public schools. California chooses, in violation of NCLB, that all students be tested on their ability in English, the attorneys said. A student could arrive in California, with no knowledge of the English language, and be tested in English the following day, the attorneys said. The state has the ability to test students in their primary language, which would translate into better test scores, attorney Marc Coleman said. He asked why the state wouldn't support that, since it would presumably reflect more positively on the state overall. "Today, under the mandates of NCLB, we ask the courts to do what the state has refused,'' Shelly Spiegel-Coleman, president of Californians Together, said today. "We challenge California to do the right thing for the 1 million plus English learners.'' The 10 districts involved in the lawsuit are: Coachella Valley Unified School District, Chula Vista Elementary School District, Alisal Union Elementary School District, Terra Bella Union Elementary School District, Pajaro Valley Unified School District, Oxnard Elementary School District, Hawthorne School District, Hayward Unified School District, Sweetwater Union High School District and Salinas Union High School District. Home