Informing parents about opt-out rights

[Peter Farruggio <pfarr@cal.berkeley.edu>]

CALIFORNIA:

George Sheridan is an active member of the CTA Reps Council.  This is 
up-to-date info on parents' right to opt their children out of the 
horrible STAR testing, and on teachers' right to inform parents about 
this.  There are no repercussions for children who refuse to take the 
tests, and the school must provide some alternative education service 
for them during testing time.  They should not be kept in their 
regular classroom and told to "read a book."  Parents should demand 
to know exactly what kind of teaching their children will receive in 
lieu of the test taking.

It would be great for parents to protest the corporate testing 
juggernaut by organizing mass refusals and by aggressively seeking 
media coverage to inspire others to fight to defend their children



> From: George Sheridan <learn@jps.net>
>
> In many districts, STAR testing will begin soon. And teachers will 
> be asking whether they can advise parents to exempt their children 
> from the state tests. Some administrators may (inaccurately) assert 
> that teachers are prohibited from giving such information. The 
> information below is from a letter by Alfie Kohn that I posted to 
> the CA-Resisters list on November 7, 2001.
>
> ____________________
>
> This is from a February 27, 2001 memo to district and county
> superintendents from Phil Spears, director of the standards and assessment
> division of the Cal. Dept. of Ed.:
>
> "...The Board adopted the STAR Title 5 Regulations as permanent.  Major
> changes in these permanent regulations include...stating explicitly that a
> school district and its employees may discuss the Standardized Testing and
> Reporting program with parents and may inform parents of the availability of
> exemptions under Education Code Section 60615..."
> (See www.cde.ca.gov/statetests/misc/feb01.pdf.)
>
>
> Teachers who are concerned about the impact of testing ought to be reaching
> out to as many parents as possible, saying, in effect, "If you're skeptical
> about whether standardized test results offer an accurate picture of your
> child, or if you are concerned about the time (and resources) being spent in
> our school -- and across the state -- to raise test scores, then there is no
> reason for you to support the testing by allowing your child to participate
> in it.  Just send a quick note to the principal saying, 'I don't want my
> child, [name], to take the SAT-9 test' and sign your name."
>
> Originally, the state had tried to limit the free speech rights of teachers as
> follows: "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 Education Code section 60640. 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."  (Title 5 Calif. Code
> of Regs., Div. 1, Chap. 2, Subchapter 3.75 ["Standardized Testing and
> Reporting Program"] at 852 (a) -- available at
> www.cde.ca.gov/statetests/star/regs/starame.html.)
>
> Notice that, even in the original form, educators were not to "solicit or
> encourage" parental opt-outs but were not prevented from *informing* parents
> of their rights.  The good news, though, is that it's no longer necessary to
> cross our fingers and rely on such a legalistic distinction.  From an
> article ("Calif. Settles Battle Over LEP Testing") in the Nov. 22, 2000
> issue of EDUCATION WEEK about the San Francisco school district's settlement
> of a lawsuit with the state:
>
> "Central to the settlement...was the state school board's willingness to
> modify a rule that restricted districts from advising students' parents of
> their option to ask for their children to be exempted from the test unless
> the parents broached the topic first.  Under the agreement, a sentence that
> San Francisco officials consider crucial will be added to the existing
> regulations concerning the state's Standardized Testing and Reporting
> program:  'A school district and its employees may discuss the STAR program
> with parents and may inform parents of the availability of exemptions...'"
>
> _________________________
>
> Feel free to forward this message or to post it on relevant 
> listservs. Even those who know their rights may find it useful to 
> have the web address of the supporting memo cited above.
>
> When, in a teacher's professional judgment, participating in STAR 
> testing would not be beneficial to the education of a particular 
> student, the teacher has a right to speak with the parent or parents 
> of that student, to explain his concern, and to inform the parent of 
> the procedure for opting out of the test.
>
> George Sheridan
> 4467 Meadowbrook Road
> Garden Valley, California 95633
>
> "Hope is not a calculation. It's an action. It's more verb than noun."
> Frances Moore Lappe
> Author of Diet for a Small Planet and Hope's Edge