Responding to Parents Concerns about Refusing the Test

Filed in Uncategorized by on April 17, 2014 3 Comments

We get emails, phone calls or messages daily from parents who are confused and concerned by school administrator responses to their choice to refuse this year’s SBAC field test.   Below are answers to the most frequently asked questions.

First of all, understand that it is not illegal to refuse the SBAC standardized field test.  There is no law that states you must submit your child to this educational abuse.    Tom Luna, TJ Bliss and others at the State Department of Education like to point to 08.02.03  Idaho_Rules  Governing_Thoroughness to say that opting out is not an option, that there is no opt out policy.  As you read through these rules it’s important to note a couple of things:

1. While there is no policy that allows you to opt your child out of the test, there also is no policy against refusing the test.

2.This is not a law, it is a rule.  They’re not the same thing.

A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248), A “Code’ is not a Law,” (In Re Self v Rhay Wn 2d 261), in point of fact in Law,) A concurrent or ‘joint resolution’of legislature is not “Law,” (Koenig v. Flynn, 258 N.Y. 292, 179 N. E. 705, 707; Ward v State, 176 Okl. 368, 56 P.2d 136, 137; State ex rel. Todd v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165). All codes, rules, and regulations are for government authorities only, not human/Creators in accord with God’s Laws. “All codes, rules, and regulations are unconstitutional and lacking due process of Law..” (Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985)); “

The letter from the Attorney General’s office that gets referenced occasionally also doesn’t mention a parents’ lack of ability to opt out of the test.  This letter only mentions parents’ inability to opt their children out of the Statewide Longitudinal Data System, but says nothing about the SBAC.

3. This year the test scores will not affect teacher pay or the schools star rating.  The state received a waiver from this requirement for the year.  Your child opting out will not have an adverse effect on the school.

4. Your child’s college career does not hang in the balance. Colleges never see these test scores.  They didn’t consider the ISAT during the admissions process and, likewise,  they are not looking at the SBAC. 

5. The full truth is this test is actually invalid.  As mentioned in a previous post, there exists a specific list of criteria that the test should meet.  Basically, it comes down to the data the state should be receiving back from the test.  This year, due to cost restraints, Idaho will not receive any data from the test.  (See page the bottom of page 21 of Idaho Rules for Thoroughness)

6. There is nothing in the rules that require your child be an uncompensated test subject.  The SBAC is just a field test this year and your child is just the lab rat testing the test.

Even if SBAC were required specifically, you have the right and responsibility as a parent to refuse this horribly intrusive test.  In fact, the Supreme Court has backed up the inalienable right of parents to direct their children’s education.

Parents, do the right thing by your kids .  Be Brave.  Opt out.  Refuse the test.



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Comments (3)

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  1. Michelle Furtado says:

    My daughter participated in a “sit and stare.” The superintendent and middle school principal refused to acknowledge the test was not “mandatory” or “required.” Something is terribly crooked with the system for the authorities over it to go to such lengths intimidating parents and students the way they have. Go to school, make the administrators tell the DoE you refused, NOT that you were a coward who didn’t show up. It’s not mandatory. Believe me. My daughter lived it.

  2. Nicoline Blaker says:

    So frustrated! I have opted my children out of the SBAC this year. Even after pointing out what the Rules of Thoroughness ACTUALLY say and reaffirming that there is no law on two different occassions to my children’s school, I was told that my ONLY option was to remove my child from school on the days of the test. I was told without hesitation my children would be tested if they were there. I requested alternate activities but was refused. Also, they are at least 6 make-up days for the SBAC. So not only do I have to take them out of school during the actual testing days, I have to remove them on the make-up days as well. And yes, my children are being marked absent. My concern is that now by the end of the school year with hopefully no illness or emergency absences, my children will barely pass this semester due to all the accumulated absences. So while all my children’s classmates who took the exam will be sitting in their own classrooms participating in their regularly scheduled day on “make-up” day- my kids have to remain home. My parental rights and my childs civil rights are being dismissed. I am so frustrated with all this. Anyone know a good civil liberties lawyer?

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