ACSA’s Education Legal Support Fund has joined with the California Association of School Boards’ Education Legal Alliance to file suit against the State Board of Education over its recent mandate that all California eighth graders must be tested in Algebra 1.
School districts are very familiar with the Brown Act, which requires them to adequately notify the public on school board agenda items. The SBE also has a similar requirement under the Bagley-Keene Act.
ACSA and CSBA believe the State Board failed to adequately notify the public it would be considering the Algebra 1 action prior to its July meeting, as required by Bagley-Keene. In general, the education community was not adequately notified nor given an opportunity to provide feedback on such a crucial issue.
“This action by the State Board of Education was sprung on the education community with virtually no warning, in clear violation of the statute that requires transparency and public notice in their agenda,” said ACSA Executive Director Bob Wells. “We also point out that this is really a matter for the Legislature and state superintendent of public instruction, not the State Board, to decide and implement. This is a critical issue affecting students, parents and educators across the state that requires a lot more input from stakeholders.”
Indeed, any action that designates an assessment and revises the state content standards, as does this new algebra mandate, is clearly an action outside SBE’s statutory authority as spelled out in the Education Code.
In fact, the mandate that all high school students be tested in Algebra 1 was an action taken by the Legislature in 2000.
In addition, the SBE’s action runs contrary to the intent expressed by the Legislature that the content standards guide state assessments, not vice versa. But SBE’s mandate is that all eighth graders will be tested in Algebra 1.
“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,” said CSBA Executive Director Scott Plotkin. “These concerns include the teacher credentialing process, allocation of instructional time, professional development, instructional materials and areas in which our existing K-7 math standards must be strengthened.”
Wells reiterated that ACSA and CSBA are not opposed to requiring Algebra 1 for California students.
“We support high standards, including an algebra requirement, for our students,” Wells said. “This lawsuit targets the SBE for overstepping its authority. The SBE certainly has no authority to mandate that algebra be taken in the eighth grade rather than high school.”
The ACSA Education Legal Support Fund Advisory Committee is chaired by the ACSA president and endorsed by the ACSA Board’s Executive Committee.
For additional information about the ACSA Education Legal Support Fund, please contact Management Services Executive Brett McFadden at bmcfadden@acsa.org or call (800) 608-ACSA.