Re: Informing parents about opt-out rights

[George Sheridan <learn@jps.net>]

STAR Regulations (updated 8/25/2005) are on the CDE website at 
http://www.cde.ca.gov/ta/tg/sr/documents/starregs.doc On page 5 of Article 
1, you can find the paragraph on Pupil Exemptions.

§ 852. Pupil Exemptions.
        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. 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. However, the school district and its employees shall not 
solicit or encourage any written exemption request on behalf of any child 
or group of children.
NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60615 and 60640, Education Code.


My interpretation of this section is that 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. The 
regulation is intended to prevent advocacy, but the teacher can present 
facts, including information about his or her professional judgment about 
the possible effect of the test on a particular student and information 
about the way in which a parent can exempt a child from the test. The 
regulation prohibits the teacher from saying, "I urge you to write this 
letter." While this is a statement of the broad principles that apply, it 
is not intended as and should not be relied on as legal advice. The facts 
of specific cases determine the applicable law, so anyone needing legal 
advice should consult an attorney.


The following question and answer are from "Explaining 2006 Tests to 
Parents and Guardians: Assistance for School Districts and Schools 
California Department of Education February 2006" 
http://www.cde.ca.gov/ta/tg/sr/documents/explainstarprnts.pdf  In the 
section titled "Questions and Answers About the 2006 STAR Program" is the 
following question and answer:

"Can parents or guardians excuse their student from the tests in the STAR 
Program?

"Yes. Education Code Section 60615 allows a parent or guardian to excuse
his or her student from the tests in the STAR Program. This request must be
made in writing and submitted prior to the first day of testing. In 
addition, the
request may specify:

"Which test(s) are to be exempted (i.e., all or some tests).

"The length of time that the parent or guardian request remains in effect
(i.e., current year or longer)."


Note that districts are not authorized to set arbitrary deadlines for 
submitting the request for exemption.

In the part of the same document that is intended to be reproduced for 
parents, the answer might be a bit more confusing:


"Does my student have to participate in the annual STAR Program testing?

"Yes. All students must participate unless their parents or guardians have 
submitted written requests to exempt them from STAR Program testing 
(Education Code Section 60615). It is very important that all students take 
part in the STAR Program. Each school must have at least 95 percent of its 
students participate in statewide assessments in order to meet federal 
accountability requirements."


At 11:38 PM 3/6/2006 -0800, Renee Godette wrote:
> George,
> The links on the CDE web site mentioned in your email are no longer 
> active.  Do you know if this "information" is currently available on the 
> CDE site?
>
> Thanks, Renee

George Sheridan