In 1999, California introduced the California High School Exit Exam [CAHSEE] as an additional requirement for graduation from high school.  Originally designed to be binding for the Class of 2004, CAHSEE implementation was delayed until the Class of 2006.  Students could take the examination multiple times from grade 10 on, and by Spring 2006 roughly 10 percent of high school seniors had not yet passed it. The court case of Valenzuela v. O’Connell was filed in 2006 and sought to delay implementation of the CAHSEE further.  The trial judge granted a preliminary injunction that prohibited enforcement of the requirement for that year.  Subsequently the state appellate court overruled this injunction, and the state legislature modified the requirements to provide both extra support and extra time for students to pass the examination.

A declaration was filed in 2006 on behalf of the State of California.