The elected state Board of Education mandated in July that all 8th graders take an Algebra 1 test as part of our standardized testing; if I'm not mistaken, this requirement is to bring us into compliance with the No Child Left Behind Act. Even students who haven't taken Algebra 1 yet will be required to take this test. This requirement goes into effect in 2011.
A superior court judge has tentatively ruled no.
I received an email about this from a member of the Commission on Teacher Credentialing and also read the article linked above,and since neither provides the information I seek I'm compelled to ask: on what legal basis did this judge rule? Why are the legislature, which mandates standardized testing, and the BOE, which issues policy, not allowed to require this test? What, exactly, is illegal about this requirement from two elected bodies?
There's nothing illegal about it. This is judicial activism in its purest form.