Interesting points everyone. Thanks.
I think my main issue with this is that it's 5th grade. Granted, it's been awhile since I was in elementary school, but I honestly can't remember ever taking open book tests then.
I've seen many of the tests and had to sign them (although, this didn't come up until yesterday). The majority of the questions are multiple choice and then there are usually 1-2 explanation type answers, ie. How does waste leave the body?. I understand referencing the book for written explanations where detail is needed or supporting info should be included. I also understand notes of formulas, etc. in math.
I'm probably just overly sensitive to the state of the education system here and each new thing is just another thing added, kwim? Generally, I think that there's such a low expectation of kids and I just know that more of them could meet and exceed higher expectations if only they were there. Obviously, I only have experience with mine and I know all kids are different, but if we don't think they can do it, how will they? (Please note that I intend no disrespect to teachers/educators, I think the problems are much bigger and go deeper than the teachers in the classrooms.)
It's an interesting point you make JDAx3 about your son probably not taking notes. DS has made 'cheat sheets' but has never come even close to using the allowed limit.
Weeellll, he's kinda lazy like that

. Seriously, he's not about to do any more work than the bare minimum unless he's required. By required, I mean a directive from the teacher or he'd probably have to fail a test before he'd think that he needed the notes. It's very frustrating for us because we feel that he's missing out on learning some very important skills/habits that he will need at some point.