Update on Californians for Justice and ACORN Lawsuit For "Highly Qualified" Teachers

In April, 2003, the State Board of Education represented to the Superior Court that it was working on a new definition of "highly qualified" teachers and, therefore, the petition filed by Californians for Justice and California ACORN was not ripe for review. The Superior Court agreed and declared the petition "moot." The Petitioners appealed this decision. During the course of the appeal, in July 2003, the State Board of Education began the process of formally promulgating regulations, pursuant to the California APA, regarding the definition of "highly qualified teachers." Therefore, in December 2003, the Court of Appeals agreed that the case was moot.

The State Board of Education has not yet adopted regulations regarding the definition of "highly qualified" teachers and Governor Schwarzenegger has put all regulations on hold for several months. However, the State Board of Education has accepted the notion that the definition of "highly qualified" teachers under the NCLB is a "rule, regulation…or standard" under the California APA. Therefore, in California, the NCLB definition of what is a "highly qualified" teacher must be adopted through the procedures outlined in the California APA, and may also be challenged pursuant to California law.

Prepared February 2, 2004