Brief Explanation:

In 1998, the California Department of Education brought a lawsuit against the San Francisco Unified School District to enforce the administration of the STAR Program tests as required by law. The case, entitled California Department of Education et al, vs. San Francisco Unified School District et al., recently has been settled.

As part of the settlement, the parties agreed that all English Language Learners in Grades 2 through 11 will continue to take the STAR Program tests in English as required by statute, subject only to applicable IEPs and other statutory exemptions. In addition, it was agreed that appropriate notice and opportunity to opt out would be provided to the settlement class through the school districts, as well as by publication in the newspapers. Notice is important to protect ELL students’ due process rights.

Attached is a copy of the court-approved notice to school districts. All principals are required to post this notice in a prominent place accessible to parents. The notice is provided in English, Spanish, Tagalog, Chinese, and Vietnamese. Schools needing a copy of the notice in Cambodian, Lao, or Hmong should contact the Communications and Community Relations Division office at (619) 725-5578. The California Department of Education also strongly encourages that the notice in the appropriate language be distributed to parents of English Language Learners.

Questions should be directed to Edmundo Aguilar, deputy general counsel, California Department of Education, (916) 657-2453.