Background and Preparation for Opt Out/Refusal Discussion
The Every Student Succeeds Act places an emphasis on assessment transparency. A portion
of this meeting will focus on notifying parents of their rights to refuse to have their student
participate in testing. The law includes the following language:
TESTING TRANSPARENCY.—
(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.
During Minnesota’s 2016 legislative session the following language was adopted.
HF 2749, Lines 459.17-459.27
Sec. 22. Minnesota Statutes 2014, section 120B.31, is amended by adding a subdivision
to read:
Subd. 4a. Student participation. The commissioner shall create and publish a form for
parents and guardians to complete if they refuse to have their student participate in state
or locally required standardized testing. The form must state why there are state
academic standards, indicate which tests are aligned with state standards, and what
consequences, if any, the school or student may face if a student does not participate in
state or locally required standardized testing. This form must ask parents to indicate a
reason for their refusal.
EFFECTIVE DATE.This section is effective for the 2016-2017 school year and later.
In order to satisfy both requirements, MDE has attached a draft form to be placed on MDE’s
website. We look forward to your feedback to improve the form. We will also be discussing:
•
Possible adjustments to testing procedures by MDE
•
Communication and collaboration with stakeholders to satisfy federal AND state laws
(includes reconciling possible contradictions)
•
Implications of parent and student opt-out/refusal under ESSA
o
•
Add specificity regarding information lost and value of participation
FAQ – What could be added? (i.e., usage at higher education, Career and College
Ready emphasis)