On August 5, 2005 United States District Court Judge William Alsup granted plaintiffs’ motion to remand the No Child Left Behind English Learner assessment litigation back to State Superior Court in San Francisco. Plaintiffs, including a broad coalition of school districts , Californians Together and other nonprofit organizations from throughout the State, filed their action in state court on June 1, 2005. Below is the court order and the press release on this action.
The lawsuit alleges that California has failed to perform a mandatory duty under No Child Left Behind to test English Learners in a valid and reliable manner and has failed to provide the accommodations required.