Trial court's denial of petition for writ of mandate to require defendants to abide by the No Child Left Behind Act requisites for assessing limited English proficient students is affirmed where: 1) the NCLBA gives to participating states the discretion to devise an appropriate assessment plan for LEP students; 2) the State Board of Education's testing purpose to measure LEP students' mastery of academic content standards in English is not incompatible with the NCLBA; and 3) the State Board did not abuse its discretion in deciding to test LEP students in English, with accommodations.
Appeal from San Francisco City and County Super. Ct. No. CPF-05-505334.
FIRST APPELLATE DISTRICT, DIVISION FOUR
Filed July 30, 2009
Before: Reardon, J., Ruvolo, P.J., Rivera, J.
Opinion by Reardon, J.
Concurring Opinion by Rivera, J.
For Respondent: Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Senior Assistant Attorney General, Karin S. Schwartz, Susan M. Carson, Supervising Deputy Attorneys General, Jennifer A. Bunshoft, Deputy Attorney General.