Christina’s Attorney Gives Legal Opinion On Opt-Out But Forgets Some Of The Basics…

Parent Opt-Out of the Smarter Balanced Assessment

Well this is interesting. Christina School District Board of Education has an opt-out policy in the works, similar to House Bill 50, and a district administrator goes and gets a legal opinion on it from their own attorney. Mother mercy, board member Elizabeth Paige, who worked very hard on this policy, will not be happy about this…

Okay Delaware parents who support opt-out. We’re going to play a game and see what you’ve learned. It’s called “Spot the Fallacies”. First one to get them all gets a no-prize!

10 thoughts on “Christina’s Attorney Gives Legal Opinion On Opt-Out But Forgets Some Of The Basics…

  1. Just as the Governor’s veto of HB50 won’t stop me from opting my own children out of SBAC, this poor legal advice won’t stop me from moving forward with a second read of the policy. I am hopeful that the other 5 board members stand firm in their beliefs that parents’ rights matter.

    The most disappointing part of all of this is that taxpayers paid for this legal advice when Mr. Williams clearly does not understand that neither HB50 or CSD board policy do not grant the right to opt out. They simply put in place a process to protect parents who exercise their existing rights.


    1. I should have been more clear. There are 6 other Board members. One did not vote in support of the first read of the policy (or the resolution in March), and I am thinking this legal opinion won’t help to change his mind.


  2. The attorney seems to think that the Smarter Balanced Assessments are the only way to measure and report progress. HB 50 merely codifies a parent’s right to opt his child out and to prevent repercussions if the parent does so. It does not grant that right; the right already exists.


  3. The laws and requlations cited do not actually prohibit opt out or provide and parent or student penalties for opt out.

    “If Chewbacca lives on Endor, opt-out is prohibited!”

    This opinion makes me wonder, what was the question the attorney was asked? Because the opinion is about potential downsides of opt-out for the school, not for the parents or students. The opinion is a policy opinion, not a legal opinion.

    Liked by 1 person

  4. Morris James represents many districts. This is typical of his stellar legal advice. Very nice man, probably a successful practice, but definitely out-of-touch…


  5. But… students exempted are not considered in the participation rate… Therefore it can be deduced that if a governing body, in this case either the state of Delaware or the Christina district, can formulate removing all opt out from the participation rate, then the participation rate can continue at 100% while all children opt out… The law is not specific “what” can be exempt. It only measures what “cannot” be exempt and that was done so filthily corrupt charter schools, could not keep their stupids out of testing and then brag about their high scores…

    In any regard. all parents should opt out now… and then jump back in if they change their mind… Like the DOE is actually going to say… no, you opted out… you can’t take the test..even if you want to…


  6. Yes Morris James represents many districts and that seems to be the problem. The “Board” must seriously evaluate and consider the legal representation they receive. Look at this attorney’s advice re the “priority” schools/MOU etc. Time to exercise your discretionary and lawful authority Christina.
    Representative John Kowalko


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