As parents of thousands of students across the nation are
refusing the standardized tests aligned with the Common Core standards,
state education officials are digging in their heels and attempting to use
authority and, in some cases, intimidation to keep test participation
rates up and parents in line.
Grassroots groups of parent activists who have been refusing
the Common Core-aligned tests for their children have cited the due process
clause of the 14th Amendment of the Constitution – upheld numerous
times by the U.S. Supreme Court – with the understanding that children
belong to their parents, not the state.
In South Carolina, a memo forwarded to Breitbart News
that state Superintendent Molly Spearman sent to district superintendents regarding
“Testing Requirements for All Students,” stated:
There is
no statutory provision for parents to opt their children out of testing.
The State, districts, and schools are required by state and federal law to
administer assessments to all public school students. Please ensure that
your district and school leaders are consistently communicating that
the schools’ obligation is to administer tests to all students. Because of
that obligation, it would not be appropriate to provide alternative
activities for students in lieu of testing.
“Parents are required to make children of the appropriate
age attend school. S.C. Code … 59–65-20,” the memo continued. “Therefore, it
is not appropriate to suggest that parents ‘opt out’ by keeping their students
at home on testing days.”
The section of the law referred to in the memo, the
“Penalty for failure to enroll or cause child to attend school” section,
specifically states:
Any parent
or guardian who neglects to enroll his child or ward or refuses to make such
child or ward attend school shall, upon conviction, be fined not more than
fifty dollars or be imprisoned not more than thirty days; each day’s absence
shall constitute a separate offense; provided, the court may in its discretion
suspend the sentence of anyone convicted of the provisions of this
article.
At a local press conference, Tamra Hood, a member of
South Carolina Parents Involved in Education (SCPIE) who attended the April
16th meeting of the South Carolina Association of School Administrators,
said that, during the meeting, the State Education Department’s Chief Operating
Officer Elizabeth Carpentier specifically threatened parents with
“criminal accountability” and reports to police if they refused the test
for their children.
Hood reported Carpentier said that parents could be
charged with truancy and could spend 30 days in jail if even a single day of
testing is missed. Additionally, Hood said Carpentier noted during the
meeting that groups that encourage parents to refuse the Common
Core-aligned tests could be charged with aiding and abetting a crime.
Sheri Few, a SCPIE leader who was a candidate for state superintendent of education last year, told
Breitbart News, “Carpentier’s egregious threats to districts, parents and
students are inexcusable.”
In an email exchange with Breitbart News, Dino Teppara,
director of the Public Information Office for the South Carolina Department
of Education, responded for Carpentier, stating, “Let me preface them by
first noting that the statements made in response to Ms. Carpentier’s comments
were issued by an organization led by a candidate who ran for state superintendent
of education last year. So they should be taken in that context.”
Teppara denied all of the statements Hood reported Carpentier
made at the meeting.
Regarding a statement attributed to Carpentier that
school districts are not to give in to parental requests to refuse the tests,
Teppara said:
No. Ms.
Carpentier said that schools have a statutory obligation to administer
the tests. She was providing guidance on schools’ duties. She specifically
stated that the statutes refer to our obligations to administer tests, and
make no reference to whether parents have a right to refuse the tests for
their students. Moreover, there is no way schools administering tests can
force a student to take the test, or do their best on the test. The statutes
address what the education system must do in connection with tests, and
are silent on what parents may or may not do.
In addition,
there is no express “opt out” provision in our state or federal statutes.
To Hood’s statement that Carpentier said that school districts
should deny all parental requests for alternative accommodations for students,
and keep children refusing the test in a test room in hopes they will go
against their parents’ wishes and take the test, Teppara said, “No. Ms. Carpentier
said that schools had no obligation to supply alternative educational
activities for students because of their statutory obligation to administer
the tests.”
Teppara also denied that Carpentier said if a child is
kept out of school on testing days, parents can be held criminally accountable
and can be reported to police.
“No,” he said. “She simply noted the truancy provisions
in state statutes.”
Regarding jail time for parents, Teppara again denied Carpentier
made a statement to that effect.
“No. … There is no automatic jail stay in our criminal
statutes, and of course, she never would have said that,” he responded.
“The burden of proof is on South Carolina Department of
Education (SCDE) to prove that parents can’t refuse–not that tests have to
be administered–which SCDE hasn’t done despite numerous parents’ requests to
do so,” Hood told Breitbart News. “Lack of an ‘opt out’ clause in South Carolina
is irrelevant because there is no law that requires every student to take a
certain test.”
Hood also noted that Carpentier “strongly pressured
school districts not to go under the 95 percent test participation rate
needed for Title I funding.”
“New York hasn’t received any such ‘sanction’ and they
have over 150,000 students refusing testing this year,” she added. “South
Carolina will not lose federal funding because we were granted a waiver to
No Child Left Behind from the Obama administration.”
Hood charged that Spearman is hiding behind Carpentier,
and that both have been hiding from parents who request information about
test refusal.
“Instead of taking the lead, firing Carpentier, and
instructing parents of their right to refuse, Ms. Spearman has taken a backseat,
gone MIA, and tried to blame Sheri Few,” she asserted. “By keeping Carpentier
employed, she is hypocritically advocating for a bully. Because Ms. Spearman
has not stood up for parents and the children she has promised to serve, she
can be considered complicit and should lose her position.”
“It is truly a sad state of affairs when our State Superintendent
of Education’s office is willing to lie to cover up their mistakes, thereby
accusing innocent parents of lying instead,” Few said in a statement to Breitbart News.
She added: Rather
than lying about what was said and attempting to disparage the character
of those who exposed the truth, it would be wiser for Superintendent Spearman
to make a public statement denouncing the threats made by her COO, apologize
to the parents of South Carolina, and fire Ms. Carpentier.
Few said Carpentier’s attitude reflects the sentiment of
education elitists who have no regard for parents and treat them in a condescending
manner.
“This shameful attitude, and the blatant disregard for
parental concerns, is what motivated the movement to refuse the test,” she
continued. “The simple fact is, the test that parents are refusing is
aligned with Common Core, and most parents are motivated to refuse because
the system continues to ignore their disapproval of the Common Core
standards.”
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