Please find three version of non-consent to testing/assessments. These are suggestions after having looked at many opt out or refusal forms. Please visit this excellent website and determine for yourself what is best for your situation. NY has been at it a lot longer than most states. Here are additional link to study about the Hatch Amendment
The first one should have the model notification printed on back and gives you the rights to receive notice and opportunity to opt out (see number 3) and the right to inspect (and not samples).
The second one is a Refusal Letter as many are being told they can not opt out. In this situation, your child needs to bring one everyday of testing and he/she can not fill in any of the test (just push it aside-don't even put in name).
Third one is for those that wants to just take child out of testing period.
As parent/legal guardian you do have rights. Please study. These are just food for thought samples. We will be praying for you.
1.
PPRA Notice and Consent/Opt-Out (Model Notification--print on back)
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, requires[School District]to notify and obtain consent or allow parents/guardians to opt child out of participating in certain school activities. These activities include a student survey, analysis, or evaluation that concerns one or more of the following eight areas (“protected information surveys”): 1. Political affiliations or beliefs of the student or student’s parent; 2. Mental or psychological problems of the student or student’s family; 3. Sex behavior or attitudes; 4. Illegal, anti-social, self-incriminating, or demeaning behavior; 5. Critical appraisals of others with whom respondents have close family relationships; 6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers; 7. Religious practices, affiliations, or beliefs of the student or parents; or 8. Income, other than as required by law to determine program eligibility. This requirement also applies to the collection, disclosure or use of student information for marketing purposes (“marketing surveys”) and physical exams and screenings.
I __________________________________________do not give my consent
for_______________________________
(parent) (child)
to participate in any student survey, analysis, class, evaluation or other activity pertaining to any of the above-listed eight categories, and I direct that said child be excused from any such activities including any of the following testing/assessment:
ACT Explore, ACT Plan, ACT Quality Core End-of-Course Assessments, ACT WorkKeys, ACT Plus Writing Assessment, ACT Aspire, Alabama Science Assessment, National Assessment of Educational Progress (NAEP)
( __) Student should also be opted-out of preliminary pre-testing associated with the assessments.
We are told that there will be no sit and stare policy for children opting out, that they will be allowed other accommodation and will not be punished, investigated or retaliated upon.
(___)Please notify me where my child will go during testing and if he will be allowed to read a book etc.
(___)I want my child to not take the assessments and will be keeping child home for that reason during testing.
Thank you for your cooperation.
____________________________________________________
Parent’s signature
Please make a copy for parent and place initial of school personnel receiving form here:__________.
Date:_________________________ School Year:____________________
School Name and Address:
_______________________________________________________________________________________
(Copy and Paste)
2.
Refusal Letter
Date______________ Grade_______________
School ___________________________________
We are writing today to formally inform you of our decision to refuse to allow
child______________________________, to participate in any standardized assessments imposed on children across the state for the 2013-2014 school year. Our refusal should in no way reflect on the teachers, administration, or school board. This was not an easy decision for us, but we feel that we have no other choice. We simply see these tests as harmful, expensive, and a waste of time and valuable resources. Our child will not participate in any assessments other than those solely used for diagnostic purposes for the individual classroom teachers.
________________________will not participate in the following: Any benchmark exams / pre–assessments / standardized assessments, any surveys, or “field tests” given by corporate or government entities or testing companies, any assessment used to evaluate teacher, including any of these (as pertain to his/her grade level): ACT Explore, ACT Plan, ACT Quality Core End-of-Course Assessments, ACT WorkKeys, ACT Plus Writing Assessment, ACT Aspire, Alabama Science Assessment, National Assessment of Educational Progress (NAEP)
We anticipate that ______________ will be treated fairly during assessment periods, as this was not his decision, but ours, as his parents. We hope that you will allow my child to read silently during assessment periods. If not, please let me know what you will allow my child to do.
Just to be clear, ______________________________(school district) does not have permission to administer any state or district mandated standardized benchmark assessments to my child ________________________.http://www.gpo.gov/fdsys/pkg/USCODE-2011-title20/html/USCODE-2011-title20-chap48-subchapI.htm
Signature of Parent/Guardian_____________________________________________
School office-please initial receipt here____________and make a copy for parent. Thank you.
Parental Rights
The US Supreme Court has repeatedly held that the parents have the fundamental righ to direct the upbringing and education of their children. In recognition of both the right and responsibility of parents to control their children's education, the US Supreme Court has stated, "It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the State can neither supply nor hinder." Prince v. Massachusetts, 321 U.S. 158, 166 (1944).
The US Supreme Court has recognized that the right of parents to raise their children free from unreasonable state interference is one of the unwritten liberties protected by the due process clause of the Fourteenth Amendment to the US Constitution and criticized a state legislature for trying to interfere "with the power of parents to control the education of their own." Meyer v. Nebraska, 262 US 390,401 (1923).
____________________________________________________________________________________
3.
Letter of No Consent
As the parent, or legal guardian of ______________________________, under U.S legislation and federal court decisions, I have the fundamental and legal right to direct the upbringing and education of my child which the school may not deny.
In recognition of both the right and responsibility of parents to control their children's education, the US Supreme Court has stated, "It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the State can neither supply nor hinder." Prince v. Massachusetts, 321 U.S. 158, 166 (1944).
The US Supreme Court has recognized that the right of parents to raise their children free from unreasonable state interference is one of othe unwritten liberties protected by the due process clause of the Fourteenth Amendment to the US Constitution and criticized a state legislature for trying to interfere "with the power of parents to control the education of their own." Meyer v. Nebraska, 262 US 390,401 (1923).
The PPRA also affords parents certain rights regarding conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. Following is a list of the specific activities and surveys covered under this requirement (PPRA):
Collection, disclosure, or use of personal information for marketing, sales or other distribution.
Administration of any protected information survey not funded in whole or in part by ED.
Please be advised that I do not give consent for my child, ___________________, to be participating in any of the testing during the current school year such as these listed:
Global Scholar, ACT Explore, ACT Plan, ACT Quality Core End-of-Course Assessments, ACT WorkKeys, ACT Plus Writing Assessment, ACT Aspire, Alabama Science Assessment, National Assessment of Educational Progress (NAEP)
We will be keeping ___________ out of school during the initial testing period and will not allow him to be tested during the make-up period.
Child’s name ____________________________________________ Grade Level _________
Parent’s name (printed) _______________________________________________________
Parent’s signature __________________________________________ Date______________
School Name ________________________________________________________School Year _________
Received by_____________________________________________ Date Received________
Just to be clear district does not have permission to administer any state or district mandated standardized benchmark assessments to my child
