The California Board of Education's decision last week to suspend the high school exit exam for two years will not quell controversy over the exam or stop the threat of lawsuits, some educators and civil rights advocates say.

The class of 2006 -- this year's sophomores -- now will become the first students in the state required to pass an exit exam to graduate from high school.

The state board excused the classes of 2004 and 2005 from the exam after discouraging test results revealed that tens of thousands of students otherwise would be denied a diploma.

State educators hope the extra two years will give schools time to provide every student adequate materials and instruction to pass the test, which would likely be a key issue in legal challenges of the exam.

But two years is probably not enough time to fix the systematic problems that have resulted in high failure rates, especially among students who are poor, minority, disabled or still learning English, some critics of the test say.

The same factors that influence their performance now will still exist in 2006, they say. For example, recent immigrants will still struggle to read the test in English, and learning disabilities will not go away. In addition, textbooks, teacher training and other resources may be harder to provide in a time of massive state budget cuts.

"You haven't earned the right to impose this test until you've really reformed the system from the ground up," said John Affeldt, an attorney at Public Advocates Inc., a civil rights law firm.

The class of 2005 did much better the first time they took the exit exam than the class of 2004, an indication that high schools already are improving, some state education leaders say.

Kerry Mazzoni, the governor's top education aide, said students will be better prepared two years from now because they will have more time to benefit from curriculum and textbooks that are aligned with the state standards. If the state waits until all schools are ready to impose the test, who would determine when they are ready, she asked.

"We cannot let up on this," she said. "We could go another 20 years waiting for everything to be perfect."

The state already faces three lawsuits challenging the exam. They will not be withdrawn because of the delay, attorneys said.

Two suits on behalf of students with disabilities will continue to push for an alternative assessment for those students and testing aids such as audio versions of the test, said Sid Wolinsky, director of litigation for Disability Rights Advocates in Oakland. The plaintiffs also want to make sure that students with disabilities are taught all the material on the test.

In addition, a class action against the state by a coalition of civil rights groups challenges the exit exam as part of its claim that the state has failed to provide students with the basics for an education.

If the suit is successful, the state would have to suspend the test until it provides students with resources they need to pass the test, said Affeldt, a lead attorney on the case.

"Yes, the scores are going up, but you still could leave tens of thousands of students not getting diplomas," said Michael Kirst, an education professor at Stanford University and co-chairman of the technical review committee that oversaw development of the exam.

All the same issues will come back in two years, but with the added excuse of state budget cuts for not passing the test, he said.

"If they are going to fix things, what money are they going to use?" he said.

The state board did not have many options but to delay the exam, but the move undermines the credibility of the state's threats, he said.

State schools chief Jack O'Connell said at the board meeting Wednesday that he and others were disappointed in the scores of the class of 2004.

The test is written at a middle-school level in math, including Algebra I, and 10th grade in English-language arts. The state board set the pass rates relatively low: 55 percent for math and 60 percent for English-language arts.

Still, as of January, 19 percent of the class of 2004 hadn't passed English-language arts and 38 percent had not passed math. At current improvement rates, about 20 percent of next year's seniors were expected to not pass the test.

It's legitimate to be surprised at the scores, Mazzoni said. But, she added, "I am not surprised, because I have been in public education for a long enough time to know that we have serious problems and conditions that are not acceptable."

The state has started to improve the schools, but it takes a while to overcome the deficits, she added.

John Neary, principal of Clayton Valley High School in Concord, said two years will help student performance, but it will not solve the problem. The state should have waited until 2008 to impose the exam to give schools and students more time to prepare, he said.

"They will not get the results they want until they create a system that supports all kids," Neary said. "They don't do lousy on the test because they are lousy kids, they do poorly on the test because they are in a lousy system."

TEST EXAMPLES

ABOUT THE EXAM

ABOUT THE EXAM

Sample questions from the California High School Exit Exam.

MATH

Stephanie is reading a 456-page book. During the past seven days, she has read 168 pages. If she continues reading at the same rate, how many more days will it take her to complete the book?

A. 12

B. 14

C. 19

D. 24

Answer: A

ENGLISH-LANGUAGE ARTS

When she ------- the award, she blushed and quickly returned to her seat.

A. excepted

B. accepts

C. accepted

D. excepts

Answer: C

Sample questions from the California High School Exit Exam.

MATH

Stephanie is reading a 456-page book. During the past seven days, she has read 168 pages. If she continues reading at the same rate, how many more days will it take her to complete the book?

A. 12

B. 14

C. 19

D. 24

Answer: A

ENGLISH-LANGUAGE ARTS

When she ------- the award, she blushed and quickly returned to her seat.

A. excepted

B. accepts

C. accepted

D. excepts

Answer: C

Questions and answers about the California High School Exit Exam

Q: Who must pass the test?

A: Beginning in 2006, all public school students must pass both math and English-language arts sections of the exit exam to earn a diploma. The first students who have to pass the test will be 10th-graders in the fall. Last week, the state Board of Education excused the classes of 2004 and 2005 from the test.

Q: Why did the state Board of Education delay the exam?

A: About 20 percent of the class of 2004 -- about 92,000 students -- would have failed the test and been denied a diploma if it remained a graduation requirement. The percentage jumps to about 50 percent among students who are not fluent in English and 75 percent for students with disabilities. State board members determined some students had not had the opportunity to learn the material on the exam, which could expose the state to a costly lawsuit.

Q: Why did state legislators create the exit exam?

A: The exam was part of Gov. Gray Davis' push to improve public schools in 1999 with high-stakes testing. Lawmakers wanted to make sure that California high school graduates have mastered the basic math, reading and writing skills they need to succeed in the workplace.

Q: How hard is the test?

A: The math section measures sixth- and seventh-grade skills plus Algebra I. A student must answer 55 percent of the questions correctly to pass. The English-language arts sections measures the state's standards through the 10th grade. Students are tested on their reading, vocabulary and writing skills. A passing score is 60 percent.

By contrast, the General Educational Development test, or GED, consists of five tests: writing, reading, science, social science and math. The GED sets passing scores on the performance of graduating seniors. To pass, the test-taker must score as well as or better than the top 60 percent of the high school graduates.

Q: Will the test be delayed again?

A: Under state law, the Board of Education does not have the authority to delay the exam again. New legislation would be required to postpone the graduation requirement beyond 2006.