Judge Exempts 2 Students From State CLAS Test : Education: Order temporarily allows parents who objected to the exam to prevail. The state Education Department has yet to issue a policy on such cases but appears to be softening its stance.

In a decision that left both sides claiming victory, a Sacramento Superior Court judge Tuesday temporarily forbade the state Department of Education and two school districts to administer the state’s controversial CLAS test to two students whose parents objected to the exam.

Judge Earl Warren Jr. issued a temporary restraining order in a lawsuit filed by the conservative Rutherford Institute on behalf of a Sacramento couple who maintained that “horrendous harm” might result if their children had to take the test.

The action came on the heels of a separate, 48-hour temporary restraining order issued in San Bernardino County earlier Tuesday allowing parents to exempt their children from CLAS testing in six school districts until a Thursday hearing.

The Virginia-based Rutherford Institute, which filed both suits, is one of a number of conservative nonprofit groups attacking the test because it requires students to call upon feelings and beliefs to write essay-style answers to questions about personal relationships or family situations.

“In short, the purpose of this CLAS test is to invade the psyche of the students and of their parents’ homes,” the Sacramento lawsuit states. “It is not to test the English skills of the student.”

State law requires that all public school students at certain grade levels take the California Learning Assessment System tests, which cost $25.6 million annually to develop and administer.

Even though Rutherford attorney Brad W. Dacus fell short of his goal of halting all testing statewide, he hailed the judge’s order as precedent-setting, calling it “a victory for every parent in every school district in California.”

Warren made it clear, however, that he viewed his order narrowly, intending only to give “peace of mind” to the parents of the fifth-grader and eighth-grader mentioned in the suit.

In denying a broader order, the judge said it would be unfair to allow Rutherford to advance its beliefs at the expense of others, noting that, “It may be terribly important that children be tested at certain levels for their education so they can be prepared later in life.”

Joseph R. Symkowick, general counsel for the state Education Department, downplayed the significance of the temporary restraining order. “This means that those two kids can’t take the test,” Symkowick said. “Otherwise it means nothing.”

Although Dacus portrayed Tuesday’s events as an erosion of the Education Department’s authority to require the test, Symkowick called his opponent’s remarks “a total mischaracterization.”

Nevertheless, some school districts have started excusing children from the exams if their parents declare opposition.

Susie Lange, an Education Department spokeswoman, said that except for notifying school districts that there is no provision for such exemptions, the department has not adopted a firm position.

“We’ve tried not to say (anything) one way or the other and leave districts some room for their discretion,” Lange said.

School board members said the state seems to have softened its stance and is no longer threatening sanctions if districts allow exemptions.

Sherry Loofbourrow, president of the California School Boards Assn., said her organization has asked the department for a clear statement on whether children can be excused on a case-by-case basis.

The Antelope Valley Union High School District in northern Los Angeles County has gone a step further and become the first district in the state to refuse to administer the test altogether. The Education Department has warned the district that its school board members face removal if the decision is not reversed.

But board President Billy Pricer said Tuesday that the Antelope Valley board is unlikely to change its mind.

“I’m not trying to be obstinate about this,” Pricer said. “My goal is to have that test re-examined and re-evaluated.”

The department’s threat to the Antelope Valley district raised the ire of Assemblyman William J. (Pete) Knight. The Palmdale Republican joined eight other GOP legislators at a Capitol news conference to line up behind Dacus in his call for making the test’s content public.

Knight said the Assembly Republican Caucus has written a letter to acting state schools Supt. William D. Dawson to request copies of the test for lawmakers.

Public review of the test is limited because CLAS, like other academic and testing materials, is protected by both copyright and trade-secret laws, Lange said.

“It’s not a matter of secrecy; it’s confidentiality of the exam so we can protect the (validity and) fairness of it,” she said.

Times staff writer Craft reported from Sacramento and special correspondent Moeser reported from Palmdale.