LAUSD ENCOURAGES LOW-PERFORMERS NOT TO TAKE EXAM.

Byline: Terri Hardy Daily News Staff Writer

Thwarted in its desire to legally challenge a state mandate to test all students in English, the Los Angeles school board quietly launched a campaign aimed at getting parents of Spanish-speaking children to opt out of the exam.

Superintendent Ruben Zacarias signed letters that were distributed last week advising parents of tens of thousands of children who will take the Stanford 9 test that they have the right not to take it. A form to withdraw from the test was attached.

If successful, the effort could result in sharply raising overall LAUSD results on the standardized test by eliminating the scores of low-performers.

State officials were outraged after reviewing the letter Wednesday and warned that the LAUSD may have broken the law by lobbying parents to sign a waiver opting out of the test.

``It certainly looks like the letter is contrary to the intent of having all kids being tested,'' said Bill Lucia, executive director of the State Board of Education. ``Obviously, we're going to be looking into this, but at this point in time, the best we can say is it skirts very close to the edge.''

Lucia said the letter could represent a criminal violation of state law that prohibit districts from urging parents to sign a waiver. Attorneys will analyze the letter and refer it to the Attorney General's Office if they believe the law was violated.

Gov. Pete Wilson's education spokesman said the letter appeared to be directly out of compliance with state regulations.

``We're very concerned that the district is taking proactive measures to exempt students from taking the test,'' said Dan Edwards, Wilson's spokesman. ``This is yet another indication of the superintendent's unwillingness to implement a test to provide accountability. They are thumbing their noses at accountability.''

Los Angeles Board of Education President Julie Korenstein defended the letter, saying, ``It was purely informational.''

Zacarias referred calls to LAUSD spokesman Brad Sales.

Sales said the district's legal counsel had reviewed the regulations and the letter, and believed that it did not violate any laws.

``A decision was made not to pursue litigation, and the board decided to provide parents information with what their options are,'' Sales said. ``It's hard for the superintendent to understand why the state would have a problem with that.''

In fact, the action was taken March 2 in a closed-door school board meeting held to discuss possible litigation. Sales could not offer a justification for deciding a policy question on the letters in secret.

The Stanford 9 is a multiple-choice national standardized test that assesses a student's knowledge in language, math, spelling and reading.

Testing everyone

The state mandates the test be given to all students in grades 2-11. The LAUSD will also administer the test to English-speaking first-graders. Spanish-speaking students also will be given a test, called the Aprenda, in their own language.

State regulations allow parents to sign a waiver, exempting their child from the test. But the regulations stipulates: ``The parent or guardian must initiate the requests and the school district and its employees shall not solicit or encourage any written requests on behalf of any child.''

Doug Stone, spokesman for state Superintendent of Public Instruction Delaine Eastin, said attorneys reviewed Zacarias' letter and believe that the district might have violated the law.

``The letter could have been more neutral,'' Stone said. ``We understand that parents need to be informed, but at the same time it must be done in a manner that's not perceived as encouraging parents to opt out of the test.''

What the letter says

Zacarias' one-page missive describes the new, mandatory statewide testing program. The letter states that last year, teachers were able to decide whether a child should be tested in English or Spanish, but this year only parents can choose.

``If you DO NOT want your child to take the Stanford 9 or the Aprenda, complete the attached form, sign it, and return it to your child's school,'' it states.

Lucia said his concerns about possible violations worsened when he learned that the superintendent had involved teachers in distributing the letters - possibly coercing them to violate state regulations.

Doug Lasken, a teacher at Ramona Elementary School, said the letter arrived unannounced at his school on Tuesday, with directions to be distributed to students.

``It came as a surprise, we've never had a form like this before,'' Lasken said. ``I think the message it sends is clear - the superintendent has to show high scores, and he's assuring that less kids take the test. The fewer students that take the test, the higher the score.''

Lasken has been a vocal advocate for a June ballot initiative that would virtually end bilingual education programs in California.

`Outrageous'

Ron Unz, the Silicon Valley entrepreneur who authored the initiative, called the LAUSD action ``outrageous.''

``They are trying to cover up that they are not providing a proper education for the children in their charge,'' Unz said.

But Rosalinda Cardenas, a kindergarten teacher at San Fernando Elementary School and president of the San Fernando Valley chapter of California Association of Bilingual Education, believes the district is not trying to evade testing children.

``That's not what's motivating our school, we're looking at what's best for kids,'' she said.

Since the Stanford 9 test law was passed in September 1997, LAUSD and many other school boards in the state have threatened defiance.

Los Angeles school officials argued taking a test in English would hurt Spanish-speaking children's self-esteem, would not provide an accurate indicator of what they know and be disastrous to test score results.

Secret meeting

At the March 2 secret meeting, school board members reluctantly agreed to administer the test but vowed to try to amend the law to exclude children not fluent in English and special education students. And during the public meeting, board member Victoria Castro said she would push for parents to refuse to have their children take the test.

Board member Jeff Horton, who opposes English-only testing, said Wednesday it is meaningless for Spanish-speaking students to take the Stanford 9.

``If a student is given a test they can't read, how can you determine how far they've progressed in math, or history or social science? The fact is, it won't tell you that,'' he said.

Horton said he would advise parents of limited-English-speaking children to sign the waiver. ``If they speak Spanish and the test is in English, I'd tell them to act accordingly.''

Marina Tse, a state board of education member, defended the test.

``It's an analysis tool,'' Tse said. ``Parents can use it to analyze how well their children are doing, teachers can use it to determine weak areas of instruction, principals can use it to determine budget priorities. And policy makers can use it when determine what programs to appropriate money to.''