Judge Blocks Controversial State Test for 2 Students : Education: Youths’ parents object to the exam. Both sides claim victory in the Superior Court’s temporary ruling.

SACRAMENTO —  In a decision that left both sides claiming victory, a Sacramento Superior Court judge temporarily forbade the state Department of Education and two school districts Tuesday from administering the state’s controversial CLAS test to two students whose parents objected to the exam.

Judge Earl Warren Jr. issued a temporary restraining order on a lawsuit filed by the conservative Rutherford Institute on behalf of a Sacramento couple who claimed “horrendous harm” might result if their children had to take the tests.

The action came on the heels of a separate, 48-hour temporary restraining order issued in San Bernardino County earlier Tuesday allowing parents to exempt their children from CLAS testing in six school districts until a Thursday hearing.

The Virginia-based Rutherford Institute, which filed both suits, is one of a number of conservative nonprofit groups attacking the test because it requires students to call upon feelings and beliefs to write essay-style answers to questions about personal relationships or family situations.

“In short, the purpose of this CLAS test is to invade the psyche of the students, and of their parents’ homes,” the Sacramento lawsuit states. “It is not to test the English skills of the student.”

State law requires that all public school students at certain grade levels take the California Learning Assessment System tests, which cost $25.6 million annually to develop and administer.

Even though Rutherford attorney Brad W. Dacus fell short of his goal of halting all testing statewide, he hailed the judge’s order as precedent-setting, calling it “a victory for every parent in every school district in California.”

Warren made it clear, however, that he viewed his order narrowly, intending only to give “peace of mind” to the parents of the fifth-grader and eighth-grader mentioned in the lawsuit.

In denying a broader order, the judge said it would be unfair to allow Rutherford to advance its beliefs at the expense of others, noting that, “It may be terribly important that children be tested at certain levels for their education so they can be prepared later in life.”

Joseph R. Symkowick, general counsel for the state Department of Education, downplayed the significance of the temporary restraining order. “This means that those two kids can’t take the test,” Symkowick said. “Otherwise it means nothing.”

While Dacus portrayed Tuesday’s events as an erosion of the education department’s authority to require the test, Symkowick called his opponent’s remarks “a total mischaracterization.”

Nevertheless, some school districts have started excusing children from the exams if their parents declare opposition to it.

Susie Lange, a Department of Education spokeswoman, said other than notifying school districts that there is no provision for such exemptions, the department has not adopted a firm position.

“We’ve tried not to say (anything) one way or the other and leave districts some room for their discretion,” said Lange.

School board members said the state seems to have softened its stance and is no longer threatening hardball sanctions if districts allow exemptions.

Sherry Loofbourrow, president of the California School Boards Assn., said her organization has asked the Department of Education for a clear statement on whether children can be excused on a case-by-case basis.

The Antelope Valley Union High School District has gone one step further and became the first district statewide to refuse to administer the test altogether, prompting a letter of warning from the education department that board members face removal if they don’t reverse themselves.

But board President Billy Pricer said Tuesday it is unlikely the Antelope Valley board will change its mind.

“I’m not trying to be obstinate about this,” Pricer said. “My goal is to have that test re-examined and re-evaluated.”

It was the Department of Education’s threat to Antelope Valley that raised the eyebrows of Assemblyman William J. (Pete) Knight, he said Tuesday. The Palmdale Republican joined eight other GOP legislators at a Capitol news conference to line up behind Dacus in his call for making the test’s content public.

Knight said the Assembly Republican Caucus has written a letter to acting state schools Supt. William D. Dawson to request copies of the test for lawmakers.

Public review of the test is limited because CLAS, like other academic and testing materials, is protected by both copyright and trade secret provisions of the law, Lange said.

“It’s not a matter of secrecy, it’s confidentiality of the exam so we can protect the (validity and) fairness of it,” she said.

Times staff writer Craft reported from Sacramento; Times special correspondent Moeser reported from Palmdale.