School districts in
New York are facing increasing numbers of requests from parents that children be allowed
to “opt-out” of state standardized tests. According to the NYS Association of
School Attorneys neither the law nor commissioner’s regulations provide any legal right
or mechanism for students – or districts – to opt-out of required state
assessments.*
Background: What is the “Opt-out” Movement?
Nationwide
grassroots groups opposed to standardized testing have become politically
organized in the past couple of years. On April 4-7 various groups and opt-out
promoters protested at the U.S. Department of Education at an event called
“Occupy DOE 2.0: The Battle for Public Schools” in Washington, D.C. Speakers
encouraged parents to contact school districts and request that their children
be exempted from state tests. Template letters and resources have been provided
electronically for parents to use in drafting such requests. It is important
that school board members and district personnel understand the arguments that
parents may raise in opt out requests. And all need to understand the potential
consequences if students do not take state assessments and the options a
district has to ensure compliance with the law.
Federal and State Assessment Requirements Do Matter
State governments’ testing programs
are required by the federal No Child Left Behind Act (NCLB). While
NCLB is a federal law that is expired, it is still in force. NCLB requires
states to administer tests in English Language Arts (ELA) and mathematics in
grades 3-8 and at least once in grades 10-12. It also requires states to
administer testing in science at least once during grades 3-5, 6-9 and 10-12. The
state’s accountability system requires districts to have a 95 percent
participation rate in these assessments.
The NYS Education Department’s Office
of State Assessment coordinates, develops, and implements the NewYork State Testing
Program (NYSTP). NY’s assessment system includes the following:
- grades 3-8 in ELA and mathematics
- grades 4-8 in science
- Regents Tests
Additionally, some students may take the:
- New York State English as a Second Language Achievement Test (NYSESLAT)
- Language Assessment Battery-Revised (LAB-R)
- New York State Alternate Assessment (NYSAA)
- NAEP (National Assessment of Educational Progress - Grades 4, 8 and 12)
- PISA ( Program for International Assessment - HS)
However, the testing primarily at issue in the opt-out movement
includes testing in ELA and mathematics for Grades 3-8 and testing in science.
What Does NYS Education
Department Say About Student Participation?
Although some states have
statutory opt-out provisions, New York does not. Except under
specific exceptions, such as those involving students with disabilities, opting out is not permitted under state
commissioner’s regulations. Steven E. Katz,
SED’s director of the Office of State Assessment, addressed opting out of state
tests in a six paragraph memorandum he sent to superintendents in January 2013.
Katz stated:
With
the exception of certain areas in which parental consent is required, such as
Committee on
Special
Education (CSE) evaluations for students with disabilities and certain
federally-funded surveys and analyses specified under the federal
Protection of Pupil Rights Amendment
(see 20 U.S.C. §1232h), there is no provision in statute or regulation allowing
parents to opt their children out of state tests.
Katz also said: “All
schools that administer state operational tests are also required to administer
the field tests associated with them.”
Despite this memo, some anti-testing advocates still contend parents
have a right to have students “refuse” to take a given test. A recent blog
reported that an SED official said districts “are required to place a test in front
of all students who are present during the administration or make-up period.”
And, that SED explained that “[s]tudents who refuse to take any or all portions
of these assessments are coded as ‘999,’ or ‘not tested.’ This code is not to
be used as an opt-out option for parents.” While the response contemplates the
possibility of a student refusing to take a test, it does not indicate this is lawful
or permissible. However, anti-testing advocates may interpret SED’s
statements differently.
What Are the Potential Consequences, Really?
There are potential
consequences for students and districts when students fail to participate in
state testing. As mentioned earlier, in accordance with NCLB, New York State
requires each district to have participation of at least 95 percent of a school
as well as subgroups of students that are evaluated in the state’s
accountability system. Potential consequences include:
· If a district does not reach the
required 95% level of participation, it will not make “Adequate Yearly
Progress” (AYP), and a district’s Title I funding will be affected. There
may also be intervention consequences for districts that fail to meet AYP.
Districts’ policies and procedures for
determining enrollment and promotion may be triggered. A
district’s procedures for promotion to the next grade and/or determinations for
enrollment into honors courses/programs or gifted and talented programs may be
based on a student’s level of achievement on a state assessment.
·
Educate Yourself and Others
- Understand the law, excuse the rhetoric. While testing is (understandably) an emotionally charged issue, know that districts have no authority to allow students to opt-out of state testing and that the district’s access to federal Title I money and accountability status would be threatened by participation below 95 percent.
- Request that your school district communicate its position. Ask that the district place article(s) in the district newsletter or posting on the district’s website, Facebook page or Twitter feed prior to test administration.
- Invite school district officials to a meeting or host a forum. Provide an opportunity for district officials to explain the district’s responsibilities to administer state assessments. Encourage face-to-face interactions that provide for dialogue and are conducive to good relations.
- Understand policies regarding absences and make-up testing. While some may seek to opt-out students, others may simply keep them home on test days. Know the implications of an unexcused absence, for instance, would the district prohibit students with such unexcused absences from participating in extracurricular clubs, athletics, or other school sponsored functions (i.e., school dances, activity nights). Know that not all state assessments can be made up.
- Check out your student handbook. Review academic guidance documents that provide important information regarding student participation in state exams and the potential impact of non-participation on grades, promotion and enrollment.
Thank you for your advocacy!
Lana Ajemian, President
Reflect the past, Transform today, Inspire tomorrow!
president@nyspta.org
Portions of this blog have been excerpted from an article written by NYSASA
