Test Opponents Threatened With Removal From Office : Education: State warns that Antelope Valley officials who voted against CLAS exams could be dismissed. They say they have done nothing wrong.

The state Department of Education has threatened to remove three members of the Antelope Valley school board who voted this week not to administer the department’s controversial CLAS exams, the board’s president said Friday.

Billy Pricer said he was told by his attorney that if the district refuses to give the tests, the Department of Education might seek to convene a grand jury that could dismiss him as well as members Tony Welch and Sue Stokka from office.

“They’re calling it inappropriate behavior for an elected official,” Pricer said. “It just floors me because there’s no substance to it.”

The Antelope Valley Union High School District board voted 3 to 2 Wednesday not to administer the California Learning Assessment System tests in reading, writing and math to sophomores this spring. The 12,600-student district is the first in California to refuse to administer the test.

Department attorneys said the law mandates that all school districts in the state administer the CLAS test, an exam highly touted by education reformers but that has been harshly criticized by some conservatives as a violation of students’ and parents’ rights.

“We haven’t violated any laws,” Pricer said. “We’re not quite that stupid. I don’t mind defying the state (Department of Education) but I’m not going to violate a legislated law.”

Pricer contends the law does not specify that the CLAS test is the standardized assessment exam that must be given. “The decision is at the local level,” he said.

The CLAS exams have come under fire from some parents and political groups who contend that the literature portions of the test contain passages that denigrate the family. Issues of secrecy have also raised concerns. The state Department of Education argues that access to the tests must be limited to ensure their integrity, while critics contend that the secrecy is to keep parents from knowing the contents of the exam.

William D. Dawson, acting state superintendent of public instruction, did not return calls seeking comment Friday. Department representatives said a formal response would probably be sent Monday to the school district.

William L. Rukeyser, a department spokesman, said renegade school districts could not decide for themselves whether to administer the expensive statewide CLAS test, given for the first time last year to about a million students in the 4th, 8th and 10th grades.

“The state Department of Education is not going to roll over on this issue,” Rukeyser said. “It’s an issue of vital importance to the state of California and the economy of California. The strength of the state’s economy depends on a highly educated population and a trained work force.”

Pricer said the Antelope Valley district’s attorney, Frank J. Fekete, told him of the Department of Education’s vow to seek the removal of board members. Fekete confirmed he had talked to Pricer but declined to divulge details.

“It appears that . . . (the Department of Education) are going to send a letter demanding we give the test,” Pricer said. “ If we do not, they may file a lawsuit. Their other option is they may file with the grand jury to have us forcibly removed from office.”

Fekete said there is a little-used procedure in the law that allows a person to present charges to the district attorney for the removal of an elected official by a grand jury. The district attorney decides whether to present the charges to a grand jury.

“All we have done is tried to challenge the validity of the test,” said Pricer. “We are not trying to overthrow the government. What in the world are they afraid of?”

Board member Stokka said that if the department takes the matter to the district attorney it would only serve as proof of her argument that the state is trying to bully school districts over this test.