On Oct. 28, a temporary restraining order was issued against the State Board of Education to keep it from moving ahead to implement its July ruling mandating an end-of-course exam for eighth graders in Algebra 1.
The TRO was filed by ACSA’s Education Legal Support Fund and CSBA’s Education Legal Alliance in response to the SBE’s intent to adopt an implementation plan at its November meeting. The TRO precludes the SBE from executing further actions on this matter until a hearing to show cause on Dec. 19.
“Today’s decision was as much a win for good government as it was for good education policy,” said ACSA Executive Director Bob Wells. “The State Board must be held accountable to the same standards as that of other public agencies. It should not be allowed to operate outside of the law.”
“We are pleased by the judge’s ruling today,” said CSBA Executive Director Scott Plotkin. “Prior to making their decision, the SBE didn’t provide the public with an opportunity to express how such a change in policy will have significant ramifications for all aspects of the educational system. This restraining order validates our belief that the SBE overstepped its authority.”
ACSA and CSBA continue to advocate that the SBE exceeded its statutory authority when it issued its initial ruling on this matter in July. Both associations continue to note that the lawsuit against the SBE is not an objection against algebra readiness or high academic standards. Rather, the lawsuit challenges the process utilized to establish this mandate on LEAs and the authority of the SBE to make it.
“This was definitely a win, but the issue is far from over,” said ACSA ELSF’s Brett McFadden. “The temporary restraining order is only in place until Dec. 19, when the judge will hear both sides of the argument.”
ACSA continues to assert current policy for eighth graders is algebra readiness and that Algebra 1 is a 12th grade graduation requirement.
Superintendent of Public Instruc-tion Jack O’Connell supported the restraining order and reiterated his position that the SBE had failed to adequately notice or publicly discuss the Algebra 1 action when it was taken.