State Sues District Over CLAS Exam

Unable to convince the Antelope Valley Union High School District it must administer the controversial CLAS exam, the state Department of Education on Thursday turned to the courts.

The department filed suit in Los Angeles Superior Court seeking a court order mandating that the 12,400-student district give the California Learning Assessment System test.

It is the first time the department has taken a school district to court over CLAS although department attorney Allan Keown said the same action will be taken against all of the districts refusing to administer the test. As of Thursday, six of the 1,007 California school districts have notified the Department of Education they would not administer the 1994 test.

“We have certain legal responsibilities and in order for us to carry out our legal responsibilities each (school) district in California has to carry out its responsibilities and give the test,” said Keown.

CLAS has been praised by supporters as a revolutionary method of testing students’ critical thinking skills, but has been attacked by others for asking students personal questions, containing reading selections that denigrate the family and being shrouded in secrecy.

Critics of the test, including a majority of the Antelope Valley district board, also have argued that while the Education Code requires that a statewide test be administered annually in every school district, there is no law designating CLAS as that test.

Earlier this week, the Wilson Administration called for an independent review and a financial audit of CLAS. The California Teacher’s Assn., a longtime CLAS supporter, also criticized the Education Department’s handling of the exam with Del Weber, CTA president, calling for suspension of the exams pending a full review.

Antelope Valley board president Billy Pricer said he was expecting Thursday’s lawsuit. But, he said, he had remained hopeful the Department of Education would not file the suit in light of the controversy.

He said regardless of whether Superior Court Judge Diane Wayne issues a court order mandating that the test be given, the Antelope Valley district has brought a lot of attention to the problems with CLAS.

“I think we were the catalyst, taking as strong of a stand as we did,” Pricer said. “The state displays a lot of arrogance and I don’t like that. They drew the battle lines and we had no option as far as I was concerned but to confront them with the issue.”

Pricer said he will obey a court order to give the test, but will continue to fight CLAS in other ways.

Board member Tony Welch, who with Pricer and Sue Stokka voted not to give the test, echoed Pricer’s comments, saying also that he would not want to spend district money to fight a court order to give the test.

“Our responsibility is to argue that there is no clear mandatory duty at this point for the district to give this test,” said attorney Frank J. Fekete, whose Schools Legal Service represents the Antelope Valley district. “The burden is on the department to prove there is some clear mandate to give the test.”

With all the controversy over CLAS, Fekete said he believes the state will be hard-pressed to prove its point in court. The test is not given to special education or limited-English proficiency students, and the department agreed last week to allow parents to exempt their children.

“We think an argument can be made that the things the state has done with respect to the test, without regard to whether the test is good or valid, has undercut the value of the test,” he said.

“They say the state wants some statewide test, that they’re giving (CLAS) so they can assess and compare school districts. How can there be any validity to the comparison when it’s not a random sample, when anyone can opt out?”

A conservative majority of Antelope Valley district trustees voted April 20 not to administer the test, criticizing its secrecy and saying it violates parents’ rights by asking personal questions.

The Department of Education responded to the board’s 3-2 decision by ordering the district to administer the test by June 15 and giving it until May 6 to make a decision, threatening legal action if necessary.

The board majority, however, continued to refuse to administer CLAS. “I still contend we’re doing the right thing,” Pricer said. “My whole position is to be a parent’s advocate.”

Board members Wilda Andrejcik and Bill Olenick, who voted against the decision not to administer CLAS, said after reviewing the test they found nothing that violates parents’ rights.

“I found it most educational,” said Andrejcik, who herself answered questions from seven versions of the 1994 CLAS test for 10th-graders. “I thought it was enlightening.”

Olenick said that after hearing the criticism and receiving copies of what test opponents claim are portions, he was surprised at what he found when he reviewed the actual tests.

“The truth is, it’s a good test, period,” he said. “All these horror stories are just that, horror stories.”

Keown said a June 1 hearing is likely. Antelope Valley district Supt. Robert Girolamo said if the ruling is not made until early June, there will not be time to administer the test before the school year ends June 15.