High School District Gets State Ultimatum on Disputed CLAS Test

State education officials Monday issued their ultimatum to the Antelope Valley Union High School District in writing: Reverse the decision not to administer the disputed CLAS test by May 6 or face a legal battle.

In addition, the three school board members who voted not to give the test said the state Department of Education may seek their removal from office.

Acting Supt. of Public Instruction William D. Dawson ordered the high school district, which last week became the first in the state to refuse to give the controversial test, to administer it by June 15. In a letter made public Monday, state officials warn the district that, if necessary, the department will seek a court order mandating that the test be administered.

The letter, from attorney Joseph R. Symkowick, declares that the Antelope Valley board has exceeded its authority and has “no discretion to refuse to administer the CLAS test.”

The California Learning Assessment System test has come under fire from some parents and political groups who contend the literature portions of the test contain passages that denigrate the family. The secrecy surrounding the test, which the state says is necessary to ensure its integrity, has also been criticized.

The Rutherford Institute, a conservative civil-liberties organization, on Monday filed suit in Sacramento seeking a temporary restraining order to stop the Department of Education from having school districts administer the test without allowing parents to exempt their children.

The lawsuit, filed on behalf of parents in Sacramento, is the first against the Department of Education over the CLAS test but follows the filing of more than a dozen against individual school districts over the exam.

A number of school districts in California are allowing parents to exempt their children from taking the exam, despite warnings from the Department of Education that exemptions are prohibited. The Antelope Valley district is the first to refuse to administer the test.

Antelope Valley district board members are scheduled to meet in closed session May 5 with their attorney to discuss the implications of the 3-2 decision the conservative majority made last week not to administer the test.

It’s uncertain, however, if the decision will be reversed, despite the promise of legal action and the threat of removal from the Department of Education. A little-used portion of the government code allows for removal of school board members for failing to perform their duties.

“I’m still investigating the CLAS test and have not weakened in my resolve,” said board member Sue Stokka, who voted April 20 with President Billy Pricer and member Tony Welch not to administer the test. “I am totally convinced that what I’m doing is right and the test is as wrong as a test can be.”

Stokka said the Department of Education’s response was expected and will not intimidate her. “They’re going to try to force us to fall in line. They want us to obey.”

Board member Bill Olenick, who with member Wilda Andrejcik voted against the majority, said: “I am still hopeful the board will reverse its decision.”

Olenick believes the decision would harm the district financially. Attorney Frank J. Fekete said defending a suit brought by the Department of Education could easily cost $100,000.

“I’m hopeful the board will reverse its decision based on that,” Olenick said. “If not, it’s going to be a long ride.”

Stokka said she does not think a legal battle would be costly for the district because there are several individuals and groups, including the Rutherford Institute, that have offered to assist should the matter end up in court.

Welch and Pricer could not be reached Monday for comment.