Opting-Out
Why we refuse NYS Standardized Assessments
1
Parents can write and submit a refusal letter to refuse their children from taking the NYS Assessments grades 3-8.
2
What is the difference between “opting out” and “refusing?” In practice, nothing. But the official term to use in your letter is “refuse.”
3
Districts MUST accept parents’ refusal letters since it is a parent’s right to opt out of the NYS assessments.
95% participation rate
NYS is required to submit the federally required 95% participation rate number that includes all students who take ELA and math assessments. This number includes score results for all students, including those not tested.
student performance
There will be two indices measuring student performance; one that is submitted to the Federal government and one that is used for accountability in NYS.
Funding
NO, your district will not lose funding for opting out.
Refusal Rates
No school is solely identified because of high rates of test refusal.
Participation Plan
Only schools that meet ALL six criteria will be required to create a participation rate improvement plan.
Improvement Plan
Improvement plans are required for schools that have an academic achievement rating that is Level 1 (lowest 10 percent); fail to meet the 95 percent participation requirement for two consecutive years; and, fails to improve participation rates. The plan must be developed in collaboration with a committee composed of the principal and staff selected by the representative of the collective bargaining organization(s), and parents (not employed by the district or a collective bargaining organization.) Schools will be required to submit their self-assessment and improvement plan to SED for approval.
Opt-Out FAQ
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Test Refusals & Impact on Schools
Can the district's rating be negatively impacted by a low participation rate?
Can the district lose funding if participation rate is below 95%?
The original purpose of the 95% rule was to ensure that schools did not selectively exclude low-performing students and students with special needs from taking state assessments; it had nothing to do with parents exercising their rights to refuse the tests. Furthermore, there is no language in the law that states schools will be financially punished for failing to meet the 95% participation rate as a result of refusing to take state assessments.
Do NYS 3-8 assessments in ELA, Mathematics, and Science impact teacher evaluations?
Not yet… and… it depends. A new APPR law was enacted this past April 2019. That law supersedes the moratorium that was scheduled to end in 2020. Under the new law, your school district must continue to implement its currently-approved APPR plan until your school district receives approval from NYSED of a new APPR plan. Until such time, your school district must continue to determine student growth scores and ratings using whatever measures are delineated in its currently-approved APPR plan, including any SLOs based on teacher and course-specific results; principal and building-specific results; school- or program-wide group, team, or linked results; or district- or BOCES-wide results. But, this is only until the Collective Bargaining Agreement covering the existing APPR plan expires, and a new Collective Bargaining Agreement is entered into, AND the Commissioner approves your district’s new plan. This is a situation in extreme flux; every district will be different, so it’s best to ask your district administrator where they stand with respect to their plan and Collective Bargaining Agreement.
So, what else does the new law require? Under the new law, NYS grades 3-8 ELA and math assessment scores, and grades 4 and 8 Science assessment scores, are no longer *mandated by law* to be included in teacher ratings. However, local districts that *want* to include such test scores in their APPR plan may do so. Whether to include them or not is now subject to local collective bargaining and negotiation. That’s the good news. The bad news is that the APPR statute continues to include a student performance/growth component, which is still 50% of the APPR matrix (the other 50% being observations), and that student growth component must be derived from a pre-approved NYSED list of assessments or SLOs. (However, it is important to note that the grades 3-8 ELA and math assessments, and grades 4th/8th Science assessments, continue to be used for federal ESSA accountability, ranking, and sorting purposes.)
If my school is on the CSI list, what are the consequences?
Your district superintendent would be responsible for filing reports and corrective action plans. Most districts on Long Island have a very slim chance on making receivership. See our ESSA page for more details
Could high-stakes tests affect classroom curriculum?
For schools that are more concerned with achieving high scores on state tests rather than developing well rounded curriculum for students, then yes, curriculum can become more narrowly focused towards “teaching to the test.” Thoughtful whole-child developed education that incorporates how ask questions, think through big ideas, work in a team, develop leadership skills, become more inquisitive learners gives way to “drill and practice” test prep.
Test Refusals & Impact on My Child
Is is it true that if my child refuses the test he/she will be scored a “1” that will become part of his permanent record?
No, this claim is false. “These students will be considered to have “no valid test score” and will be counted as not tested.”
Will students who refuse the tests be subject to any negative consequences (held back, banned from extracurricular activities, denied services, etc.)?
Students who refuse will be coded as “not tested” and will not receive a score. There are no legal consequences for refusing the NYS Assessments.
How to Refuse (Opt-Out)
of State TestsI have decided to opt my child out. What do I need to do?
The process is different in each district; some may have a standard form to fill out, others will require something in writing. If your district does not provide a form, feel free to use the following sample letter. (If you choose to write your own letter, we recommend using the word “refuse” because technically there is no provision for “opting out.”)
Many schools request that letters are sent in as soon as possible so they may make necessary provisions based on the number of opt outs they receive (alternate location, activities etc).
What if a teacher and/or administrator tells me that I am not allowed to refuse the tests, pressures my child to take the test, or treats my child unfairly for refusing?
New York State has no formal policy regarding opting out of state assessments at this time. However, since a new provision in the Every Student Succeeds Act (ESSA) requires districts to inform parents and guardians of opt-out policies, and affirms a parent’s right to have their children opt out of statewide standardized tests where state and local policies permit, SED (State Education Department) no longer questions a parent’s right to opt their child out of the state tests.
[ESEA III2 (e)(2)(A)]“IN GENERAL.—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy regarding student participation in any assessments mandated by section 1111(b)(2) and by the State or local educational agency, which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable.
Feel free to use this information to point out to him/her or contact us for help with this matter (if you’re not in our district, we can put you in contact with and education advocate in your area)
Reasons Parents Don’t Opt-Out
(and our response)
“I want them to learn to take tests. It’s good practice for the Regents/SAT’s”
Some parents believe that standardized testing in 3rd through 8th grades is good preparation for standardized tests they will face in high school and beyond. However, the NY State tests are not similar to the SAT’s or any other standardized exam. The format, content, answer choice patterns, question types and patterns, and duration are all different with different purposes for each one. Each one requires its own analysis and practice in terms of breaking down question types and answer choice patterns.
“I want them to learn to take tests. It’s good practice for the Regents/SAT’s”
Some parents believe that standardized testing in 3rd through 8th grades is good preparation for standardized tests they will face in high school and beyond. However, the NY State tests are not similar to the SAT’s or any other standardized exam. The format, content, answer choice patterns, question types and patterns, and duration are all different with different purposes for each one. Each one requires its own analysis and practice in terms of breaking down question types and answer choice patterns.
“I want them to learn to take tests. It’s good practice for the Regents/SAT’s”
Some parents believe that standardized testing in 3rd through 8th grades is good preparation for standardized tests they will face in high school and beyond. However, the NY State tests are not similar to the SAT’s or any other standardized exam. The format, content, answer choice patterns, question types and patterns, and duration are all different with different purposes for each one. Each one requires its own analysis and practice in terms of breaking down question types and answer choice patterns.