Which States Allow Opt-Out of Standardized Testing?

I’ve heard differing answers to this, so I figured I would check for myself.  Two states have very clear and distinct laws which allow parent opt-out of standardized testing, and those are California and Utah (Utah code Ann. Paragraph 53A-15-1403 (9)).  However, many other states have enough weight in their laws which can easily allow for opt-out.

In Pennsylvania, a student can be opted out of the standardized assessments for either religious or moral reasons.  But the parent has to review the assessment and make a decision.  A child can only graduate if they either do a project-based assessment due to being opted out or if the superintendent gives a waiver.  What is very interesting about Pennsylvania though is the 95% Federal requirement.  This does not apply to Pennsylvania since they filed for a No Child Left Behind waiver on this provision and it was granted to them.

In Tennessee, a child can be opted out by a parent if they are required to take a “survey, analysis or evaluation” (Tenn. Code Ann. §49-2-211) but it isn’t clear if this applies to the state assessment.

Wisconsin has a rather odd law  (Wis. Stat. § 118.30(2)(b)3) that stipulates any student in 4th and 8th-11th grades can be opted out if a parent wants that, but for standardized test purposes, 3rd and 5th-7th must test.

Oregon (OAR 581-022-1910) allows opt-out for disability or religious reasons and it does not affect a student’s graduation requirements as long as they can show proficiency in understanding the state Essential Skills in reading, writing and math.  Schools are held to the federal benchmark of 94.5% instead of the usual 95% for participation rates.

These are the key “opt-out” states, however many states currently have legislation like Delaware’s House Bill 50.  In New Jersey, their bill cleared their House unanimously and it is waiting for a Senate vote.  I will be updating those states this evening.  All of these would be contingent on a Governor signing the laws, and some states it is very doubtful a Governor would, but you never know.  If Delaware passes it, I am very curious how Jack Markell would handle that…

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Kevin Ohlandt

I am a proud parent of a son with Tourette's Syndrome and several other co-morbidities. I write on this blog to educate other parents so they know a bit more about not only special education, but all the really bad things that are happening with public schools in Delaware and the USA. We are all in this together, and if our children aren't able to advocate for themselves it's up to us parents! We need to stop letting companies run our schools, and demand our children get a proper education. Our Departments of Education in our states have become weak with fear from the bullying US DOE, and we need to take back our schools!

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