DR.

RICK HOLLIDAY
Deputy Superintendent

December 10, 2013 RE: End of Grade Testing Dear XXXX I am responding to your letter to Mr. Patrick McCarthy, Principal of Murray Middle School, received on December 5, 2013, stating that you were not allowing your child to participate in the End of Grade (EOG) tests administered by the school. You offered no reason other than you believe that the EOGs and the school's state mandated curriculum, called Common Core, will have an unspecified negative impact on your child. I have reviewed the legal citations in your letter and consulted with the School System's legal counsel. While I respect your rights as a parent, I do not find your legal citations to be applicable. In the Meyer case, the court invalidated a state law which prevented the teaching of a foreign language in an elementary school. In the Pierce case, the court held that parents had the right to send their children to private religious schools instead of public schools. In the Prince case, the court upheld a state child labor law that prevented children from selling religious materials on the street. Some of the legal quotes in your letter are taken out of context. You also omitted certain language which I find instructive. In the Prince case, the court stated: "But the family itself is not beyond regulation in the public interest, as against a claim of religious liberty .... And neither rights of religion nor rights of parenthood are beyond limitation. Acting to guard the general interest in youth's well being, the state as [parent of the country] may restrict the parent's control by requiring school attendance, regulating or prohibiting the child's labor, and in many other ways. Its authority is not nullified merely because the parent grounds his claim to control the child's course of conduct on religion or conscience." Therefore, I must respectfully disagree with your assertion that parents have the right to choose which tests their children will take in school. The North Carolina State Board of Education has enacted a Policy, GCS-C-021, which states that "All eligible students ... at grades 3 through 8 and 10 and in high school courses in which end of course assessment is administered shall participate in the state assessment program adopted by the State Board of Education". There are limited exemptions for students with limited English proficiency or students with severe disabilities. The North Carolina Department of Public Instruction has stated in its Division of Accountability Services manual that "All eligible students are to participate in the North Carolina State wide testing program." The State of North Carolina has adopted Common Core as the curriculum that local public school systems must implement. The New Hanover County Schools is required by state law to administer the EOG tests to its eligible students. There has been no court case to my knowledge holding that public school parents have the right to opt-out their children from EOGs in this or any other state. As a parent, you have alternatives to public school, including private school or home school. However, if you choose to enroll your child in a public school, you must accept the curriculum and state required tests that accompany it. If your child does not take these

tests, it could have a negative impact on her grade advancement and her preparation for high school. I sincerely hope that you will reconsider and allow your child to take the EOGs at her school. Best Regards, Dr. Rick Holliday Deputy Superintendent

Cc: Dr. Tim Markley, Superintendent Mr. Patrick McCarty, Principal/Murray Mr. Wayne Bullard, Esquire