In two setbacks for high school exit exams, a judge in Oakland said Tuesday that he was inclined to ban such tests as a graduation requirement in California and a Massachusetts school board voted to issue diplomas to students who had failed such tests despite a state law prohibiting that.
In California, Judge Robert Freedman of Superior Court in Alameda County said in a preliminary ruling on Monday that the exams, standardized math and English tests that high school seniors have to pass to graduate, discriminated against impoverished students and students learning English.
On Tuesday, as thousands of students took a late round of tests, Judge Freedman heard arguments in favor of them, but indicated the state's lawyers faced an uphill fight.
The tentative ruling shocked the state superintendent of public instruction, Jack O'Connell, and Gov. Schwarzenegger both of whom favor the exams as a way to raise standards.
California has the largest public school system in the country, with 6.3 million students, but mediocre rankings.
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