TAKE ACTION!

We urge you to join us in Opting Out of the STAR tests.

Operation Opt Out is our most important project. We are urging all parents to excuse their children from April’s STAR tests. Here’s how. Just fill out this form and give it to your child’s principal.

It is legal in California to opt out, and the principal MUST honor your request.

Here’s everything the California Education Code says about opting out. And while you’re at it, opt out of the part of NCLB that forces high schools to give your child’s contact information to military recruiters.

Consequences.

It’s important to know that if Operation Opt Out succeeds, there may well be unpleasant consequences, unless we succeed big enough to intimidate the state and feds. This is not for the faint of heart, but there is safety in numbers.

What if my school or district tries to punish me for opting out or boycotting?
If you’re a student or parent, please let us know immediately so we can help, or get you legal help, if necessary. If you’re a teacher, please read this statement on Insubordination by Rich Gibson, an experienced ex-NEA organizer.

What can the state or feds do to my school or district if a lot of us opt out? If more than 5% of the students in a school don’t take the STAR tests, the school will automatically not make “Adequate Yearly Progress” (AYP) under NCLB. There is a list of punishments for not making AYP, ranging from children being able to transfer to a higher-scoring school to the state taking the school over. As far as we can discover, there are NO FINANCIAL PUNISHMENTS to a school or district for not making AYP.

School Board Testimony

We are testifying in the public comment part of our school board meetings. There are usually about 2 or 3 minutes where we quickly say what’s wrong with the tests, that we have the right to opt our children out of them, insist that the district inform parents of this right and tell them that we also have the right to see the tests after they are given.
Here’s a sample statement you can use or personalize.

The laws. Although the testing law does not say districts have to inform parents of their right to opt out, the California Education Code, 51101.1.(b), says “Parents and guardians of English learners are entitled to participate in the education of their children pursuant to Section 51101 and as follows: (5) To be informed, pursuant to Sections 33126 and 48985, about statewide and local academic standards, testing programs, accountability measures, and school improvement efforts.”

In April, 2001, Delaine Eastin, then State Superintendent, wrote this memo describing the results of the English Language Learners case settlement. It says quite clearly that teachers may tell parents they can opt out.

If districts must inform parents of ELs, it stands to reason they must inform everybody or they would be acting in a discriminatory fashion. We will use this to push districts to send notices to parents re opting out. We should push for check-offs and opt-out forms to go out to parents as part of the fall registration packet.

Viewing the tests.

The 1997 staff memo from the Family Policy Compliance Office of the US DOE says parents and guardians have the right to see the tests after they are given under the Family Educational Rights and Privacy Act (FERPA). Go demand your rights! We don't think you'll learn much more than you already know, because your child's homework looks exactly like the tests. But it will cause chaos in the school, which is probably a good thing.

Sign a petition calling for repeal of NCLB

http://www.petitiononline.com/1teacher/petition.html

Visit, call or write your legislator

Find your state legislators here. And your federal legislators here.

Organize a discussion/action group

by inviting 5-10 other parents and teachers over to your house to talk about testing issues. You could read an article beforehand or show Testing Ms. Grube or the Allington tape (see Resources) to get the conversation started. Be sure to have food!

Invite a CalCARE speaker

to your group, church, PTA, PTO, Lions Club, Rotary Club, school board meeting, etc. by emailing or calling us (510-496-6028).