California Law Allows Opting out of Tests
(From Susan Harman) The reference is Title 5 of the CA Code of Regulations, Division 1, Chapter 2, Subchapter 3.75 "Standardized Testing and Reporting Program", Section 852, (a). Its under "more about STAR" on the SED website. "A parent or guardian may submit to the school a written request to excuse his or her child from any or all parts of any test provided pursuant to Ed Code Section 60640 [a STAR is born}. The parent or guardian must initiate the request and the school district and its employees shall not solicit or encourage any written request on behalf of any child." The law is this: California Education Code Section 60615. "Notwithstanding any provision of law, a parent's or guardian's written request to school officials to excuse his or her child from any or all parts of the assessments administered pursuant to this chapter shall be granted."> I first talked with Linda Lownes (916-654-5371) in SED who said that districts may inform parents of this right, but they dont have to; that any announcement must be in the same wording to all parents in the district [for equity's sake]; and that the district may not send out a form letter for parents to use. She couldnt give me a reference for this, but instead told me it had been said to administrators at meetings. Then I talked with Les Axelrod (916-657-5198) in the Department, who said he was speaking for the Department's lawyer (Carolyn Pirrillo, 916-657-2453) and he said the Regulation is what there is; ie, the things said to administrators arent written down anywhere. So it seems to me that teachers are allowed to inform but not solicit or encourage parents to opt out. It also seems to me that means we need to organize advocates and parents to do the soliciting and encouraging. |