[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-499651-105":59,"doc-detail-499651-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","school-employees-rights-test-opt-out-february-2017-newsletter","SCHOOL EMPLOYEES’ RIGHTS - TEST OPT OUT - February 2017 Newsletter","","February 2017 newsletter issue addressing school employees’ rights related to CAASPP state testing and parents’ ability to opt out. It explains educator responsibilities when discussing opt-out exemptions under California regulations, including limits on soliciting or encouraging exemption requests. It also outlines First Amendment considerations for public employees, risks of refusal to administer or discourage state tests, and CTA’s position on informing families without penalty.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":35,"@type":76,"position":81},"https://docshare.wps.com/document/healthcare/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/school-employees-rights-test-opt-out-february-2017-newsletter/499651/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/school-employees-rights-test-opt-out-february-2017-newsletter/499651.png","ImageObject",300,407,{"name":92,"@type":93},"adawds","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-09","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":34},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What can educators say to parents about CAASPP opt-out exemptions?","Question",{"text":112,"@type":113},"Educators may discuss the CAASPP assessment system with parents and inform parents about the availability of exemptions. They must not solicit or encourage written exemption requests on behalf of any child or group of children.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Are First Amendment rights relevant when discussing opt-out testing policies?",{"text":117,"@type":113},"Public employees do not completely lose First Amendment rights when speaking as citizens on matters of public concern such as student testing. However, employers may still discipline or dismiss employees if they believe the speech would disrupt school operations.",{"name":119,"@type":110,"acceptedAnswer":120},"Can an educator be disciplined for refusing to administer or discouraging the state test?",{"text":121,"@type":113},"Yes. Neither the First Amendment nor state law protects educators who refuse to administer state standardized tests, refuse district procedures, tell students not to take the test, or speak out against the test while teaching a class.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},499651,1791604835,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":34,"category_name":35,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":34,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":14,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":24,"preview_page_count":4},3985747872983,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","VO LU M E II , ISS U E VII  \nHLPTA HAPPENINGS  \nHacienda La Puente Teacher ’ s Association  \nF EBRUARY 2017  \nSCHOOL EMPLOYEES’ RIGHTS - TEST OPT OUT  \nCalifornia is one of a handful of states that has a law allowing all parents to opt out of state-mandated testing for their child. The new federal law, Every Student Succeeds Act (ESSA), affirms the right of parents to excuse their child in states that have opt-out laws. However, California also has specific regulations regarding what an educator can say to parents about opting out of testing.  \nWhat are my rights as an educator?  \nAs a teacher, may I inform parents about their right to excuse their child from CAASPP state testing? A California regulation allows educators to inform parents of their right to opt out of high-stakes testing for their child, but prohibits them from soliciting or encouraging the parent to do so. Section 852 of Title 5 of the California Code of Regulations provides that: “An LEA (local education agency) and its employees may discuss the CAASPP assessment system with parents and may inform parents of the availability of exemptions under Education Code section 60615. The LEA and its employees shall not solicit or encourage any written exemption request on behalf of any child or group of children.” 5 C.C. R. § 852(c)  \nSo what about an educator’s First Amendment rights regarding testing and a parent’s right to opt out of testing for their child? Don’t educators have free speech? Can I speak out in a public forum?  \nGovernment employees are not obliged to completely relinquish their First Amendment rights. Education issues such as student testing (including opt-out policies), educational curricula and teacher evaluation systems are, in general, matters of public concern. So when a public employee speaks as a citizen on a matter of public concern, that speech may be protected under the First Amendment. However, the public school employer can still discipline or dismiss the employee if the employer has reason to believe the speech would disrupt school operations.  \nHas any educator ever been disciplined for letting parents know their rights around opting out?  \nTo CTA’s knowledge, the California regulation has not been applied by a district against an employee who has spoken out on the issue of opting out, or challenged in a court. Thus, it is unclear whether the regulation could violate the First Amendment. If a school district uses the regulation to discipline you for a statement you make as a citizen about opting out of high-stakes testing, immediately bring the issue to your union representative so that CTA can consider the constitutionality of the district’s application of the regulation.  \nWhat about administering the test? Are educators required to give the state-mandated tests to students? And can an educator be disciplined if they tell a student or a parent not to take the test?  \nYes, and yes. Neither the First Amendment nor state law will protect an educator who refuses to administer a state standardized test, refuses to follow district procedures for such testing, tells students not to take that state test, or speaks out against the test while teaching a class.  \nWhat is CTA’s position on opting out? CTA believes that educators shall be allowed, without penalty, to inform parents, guardians, and students of their legal rights to be exempted from standardized tests and assessments. Further, CTA believes parents, guardians, students, teachers, administrators, schools and school districts shall not be penalized when parents/guardians exempt their students from standardized tests and assessments.  \nHAC I E N DA LA P U E NT E  \nT EAC H E R ’ S ASSOC IAT IO N  \n17595 Almahurst St.  \nCity of Industry, CA 91748 Phone: 626-912-1508  \nFax: 626.913.1128  \n[www.hlpta.org](www.hlpta.org)  \nJANUARY REP COUNCIL:  \nCongratulations to our December Membership Engagement Raffle Winners Jennifer McDermott!  \nBARGAINING UPDATE  \nThe Joint Interest Based Bargaining ","cbCaigdXpyhBHNWN","https://ap.wps.com/l/cbCaigdXpyhBHNWN","pdf",407311,"English","# SCHOOL EMPLOYEES’ RIGHTS - TEST OPT OUT\n## Educator rights and CAASPP opt-out exemptions\n## First Amendment and public concern speech\n## Discipline risks and administering the test\n## CTA’s position on opting out\n## January Rep Council and bargaining update\n## Calendar of events","[{\"question\":\"What can educators say to parents about CAASPP opt-out exemptions?\",\"answer\":\"Educators may discuss the CAASPP assessment system with parents and inform parents about the availability of exemptions. They must not solicit or encourage written exemption requests on behalf of any child or group of children.\"},{\"question\":\"Are First Amendment rights relevant when discussing opt-out testing policies?\",\"answer\":\"Public employees do not completely lose First Amendment rights when speaking as citizens on matters of public concern such as student testing. However, employers may still discipline or dismiss employees if they believe the speech would disrupt school operations.\"},{\"question\":\"Can an educator be disciplined for refusing to administer or discouraging the state test?\",\"answer\":\"Yes. Neither the First Amendment nor state law protects educators who refuse to administer state standardized tests, refuse district procedures, tell students not to take the test, or speak out against the test while teaching a class.\"}]","SCHOOL EMPLOYEES’ RIGHTS - TEST OPT OUT - February 2017 Newsletter | PDF",1791000670]