The suit, filed in San Francisco Superior Court, names state Superintendent Jack O'Connell, the State of California, the state Department of Education and the state Board of Education as defendants. Hilary McLean, O'Connell's press secretary, said that O'Connell " is more concerned about students getting an education than getting a piece of paper."

Lawyers for the plaintiffs, however, argue that by denying a diploma to students who would otherwise graduate the state would be depriving them of their fundamental right to public education. The suit also claims the state violated the equal protection clause of the California Constitution by providing inadequate instruction in the first place and unfairly distributing money dedicated to helping students pass the test.

Lastly, the suit says the state violated California's due process law when by failing to thoroughly research alternatives as mandated by the Legislature when it approved the exit exam in 1999. A group of experts convened in December, the suit says. In January, O'Connell announced his decision to forego alternatives to the test, which could have included measures such as student portfolios.

Across the country, 23 states have a similar exit exam. Only one other besides California does not offer alternatives, the lawyer for the students said. Students named in the complaint come from Hayward, Newark, Oakland, Fair Oaks and Rialto, all in California.
Though some of the plaintiffs are not recent immigrants, the exit exam proved particularly unfair to those who recently moved to the state from another country and have not mastered English.