AD Quality Auto 360p 720p 1080p Top articles1/5READ MORE11 theater productions to see in Southern California this week, Dec. 27-Jan. 2A group of students still learning to speak English who failed the test sued to block the results so they could graduate, arguing it was discriminatory because all California students do not have equal preparation. They won a temporary injunction in May and the exam was nearly waived again this year before the state Supreme Court intervened. A state appeals court is expected to hear arguments in the case Tuesday in San Francisco. Superintendent of Public Instruction Jack O’Connell urged students who haven’t passed not to give up. He said they can attend summer school, take a fifth year of high school or go to adult school or community college and take the test as many times as they wish. “This exam benefits students who are still struggling by focusing them on areas they need to strengthen so they can have more successful futures,” he said Friday. An additional 1,759 seniors in the Class of 2006 passed California’s high school exit exam in the last administration of the test before the end of the school year, state officials said Friday in Sacramento. The students who passed the test in May bring the pass rate to about 91 percent for the two-part English and math test, the state Department of Education said. However, more than 40,000 students did not pass the test in time to graduate with their class. The exam was required for the first time this year to receive a California diploma. The legislature approved the controversial exit exam requirement in 1999 but its implementation was delayed several years because of lawsuits. – Associated Press160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!