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Testing Opt-Out/Refusal Guide for RHODE ISLAND
Form completed by Wendy Holmes, Sheila Resseger, and
United Opt Out Administrator (MM)
Contact information (email): Wendy Holmes wbholmes2@verizon.net
Sheila Resseger sress2001@yahoo.com
The Rhode Island Department of Education (RIDE) has created a Comprehensive
Assessment System, a coordinated plan for monitoring the academic achievement of public
school students from Pre-Kindergarten through Grade 12. This system is meant to increase
student learning by producing actionable data, evaluate the effectiveness of programs, and ensure
that all students are making progress toward achieving learning goals.
Rhode Island’s statewide assessment, the Partnership for Assessment of Readiness for College
and Careers (PARCC), which is aligned with the Common Core State Standards (CCSS),
was implemented during the 2014-2015 school year in grades 3 to 11. In the past year the
PARCC was used to test English Language Arts (ELA)/Literacy and Mathematics but not
Science, which was tested by the New England Common Assessment Program (NECAP). As
of August 2015 the results of these tests have not been disclosed. In the 2015-2016 school year,
Rhode Island students will again take the PARCC, covering ELA/ Literacy and Mathematics
and the NECAP test in Science.
In Rhode Island the "high stakes" consequences of refusing to take these mandated tests in the
2015-2016 school year are unclear and vary significantly from district to district. Much
discussion has focused on the use of the NECAP/PARCC as a high school exit test which was
originally slated to go into effect for the class of 2014. In June 2014, however, the Rhode Island
General Assembly voted to establish a three-year moratorium on any high-stakes exit test as a
requirement for the high school diploma. Later, the moratorium was extended by the state
Board of Education (BOE) from 2017 until 2020 and, later still, the BOE revised this decision
to empower individual school districts to require a certain minimum score on the PARCC as a
diploma requirement as early as 2017. Although the class of 2017 is the first that may be
subjected to the PARCC as a state-mandated high school exit exam and this is not an issue for
the graduating class of 2016 there are complications that students and parents may find
troublesome.
Former Rhode Island Education Commissioner Deborah Gist left many decisions about how to
deal with parental opting out/refusal of standardized tests to individual superintendents and
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school districts. She issued a number of field memos to superintendents outlining possible
punitive consequences for refusal. As of 2016, PARCC scores may appear on high school
students’ transcripts. If they so desire, districts may initiate policies using PARCC participation
or PARCC scores as partial determinants of course grades. Some districts may require PAARC
participation rather than a minimus passing score as a requirement for high school graduation.
RIDE will support these practices though they will no doubt be challenged by the ACLU and
allied groups.
Commissioner Gist was replaced in August 2015 by Commissioner KenWagner, formerly of the
NYS Department of Education, and some Rhode Islanders—including teachers’ union leaders—
expect that he will be more flexible on the issues of refusals of standardized tests and the use of
a minimum scores on standardized tests as a factor in high school graduation. Wagner is,
however, an assessment expert with great respect for data-driven policies and decisions. Too,
Rhode Island’s new Governor, Gina Raimondo, and the new Lt. Governor, Dan MaKee, are
strong advocates of the Obama/Duncan educational “reforms” and believers in standardized
testing.
On the other hand, there is a healthy grassroots opposition to standardized testing in the state to
which the Rhode Island General Assembly is quite responsive. As well as delaying the onset
of the high school exit test, the legislature created the Rhode Island Teachers Advisory
Council, a group of public and charter school teachers tasked with advising policy makers on
educational issues. In a 2014 report to the BOE on “The Future of High Stakes Testing” the
group suggested that the high stakes elements—for students and teachers—be scrapped, and
standardized tests be used only for purposes of determining instructional needs and curriculum
development. Unfortunately they were ignored by the BOE. Bills critical of standardized tests
and their high-stakes consequences have been submitted and discussed in legislative committees
of the state’s General Assembly. The Rhode Island ACLU has been an active and successful
critic of the secrecey of Rhode Island’s gubanatorially appointed Board of Education and RIDE’s
ambiguous and ever-changing testing policies, as well as supporting the Providence Student
Union in its vigorous opposition to the high school exist test.
According to RIDE, mandated PARCC and NECAP tests are required of all students enrolled in
R.I. schools except for 1.) students who qualify for the alternate assessments; 2.) recentlyarrived Limited English Proficiency (LEP) students (who may be excused from Reading and
Writing tests but may be required to take tests in Mathematics); and 3.) students who have
State-Approved Special Considerations (SASC).
In Rhode Island, state-approved special considerations (SASC) are for cases involving medical
issues, a personal crisis, a family emergency, or alternate assessment students enrolling after the
alternate assessment registration deadline. Special consideration request forms are available on
the RIDE website and must be completed and submitted by the district Superintendent’s office.
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Details about the process of applying for special considerations for exemption from testing are
explained in the document entitled, “State-Approved Special Considerations for Statewide
Assessments: Guidelines & Forms,” which can be found on the RIDE website.
List of Assessments
PARCC SCHEDULE
The Spring 2016 PARCC tests in mathematics and English language arts/ literacy will be
administered in Rhode Island once during a thirty school-day period for computer-based testing
and once during a fifteen school-day period for paper-based testing. The PARCC-ELA test will
be given to Grades 3-10. PARCC-mathematics will be given in Grades 3-8 plus high school.
Local Education Agencies (LEAs) or school districts must choose between the following
schedule options for 2015-2016 testing.
OPTION 1: COMPUTER-BASED TESTING . March 28 - May 13, 2016
PAPER-BASED TESTING . April 4 - April 29, 2016
OPTION 2: COMPUTER-BASED TESTING . April 11 - May 27, 2016
PAPER-BASED TESTING . MAY 2 - May 20, 2016
OPTION 3: APPLIES ONLY TO HIGH SCHOOLS USING BLOCK SCHEDULING
PERFORMANCE-BASED ASSESSMENT
COMPUTER-BASED TESTING . November 30 - December 18, 2015
PAPER-BASED TESTING . December 7 - December 18, 2015
OPTION 4: APPLIES ONLY TO HIGH SCHOOLS USING BLOCK SCHEDULING
END-OF-YEAR ASSESSMENT
COMPUTER-BASED TESTING . January 11 - January 29, 2016
PAPER-BASED TESTING . January 18 - January 29, 2016
ELA/Literacy:
Grades Tested: 3, 4, 5, 6, 7, 8, 9, 10
Administration Dates: See Above
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Mathematics:
Grades Tested: 3, 4, 5, 6, 7, 8, High School
Administration Dates: See Above
NECAP SCHEDULE
The NECAP Science Assessment is designed to measure student performance on grade span
expectations (GSEs) in science.
Science
Grades Tested: 4, 8, 11
Administration Dates: May 2 – 26, 2016 (tentative)
Additional Tests
In addition to the PARCC and NECAP, Rhode Island Department of Education (RIDE) supports
the administration of a number of other specific assessments, including:
National Assessment of Educational Progress (NAEP)
Its major goals are to measure student achievement and report change in performance over time.
NAEP provides results for states and the nation as a whole but does not provide scores for
individual students or schools. Participation in NAEP mathematics and reading in grades 4 and 8
is mandatory for states and districts receiving Title I funds, pursuant to federal law. Most
elementary and all middle schools in our state participate in NAEP.
Reading, Mathematics
Grades Tested: 4, 8
Administration Dates: Jan. 25 - 29 2016 / Feb.29 –Mar. 4 2016 (tentative)
Developmental Reading Assessment (DRA)
The Developmental Reading Assessment (DRA) measures students' reading accuracy, fluency,
and comprehension. DRA may be given to students in Kindergarten, 1st grade, or 2nd grade
(depending on which of the three is the highest grade in any particular early childhood school)
during the month of May 2016
Grades Tested: Kindergarten, 1, or 2
Administrate Dates: May 2016
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Rhode Island Alternate Assessment (RIAA) and the National Center and State
Consortium (NCSC)
Students participate in state assessments in one of three ways. 1. By taking PARCC and NECAP
(Science) tests. 2. By taking PARCC and NECAP tests with accomodations. 3. By alternative
assessments (RIAA and NCSC).
The RIAA assesses content knowledge in Science through a series of Structured Performance
Tasks. These tasks also incorporate and promote enhanced capacities and integrated life
opportunities for students with moderate, severe, and profound disabilities. The RIAA
assessesment includes three portfolio collection periods.
Science
Grades Tested: 4, 8, 11
Collection Periods: 1.) Oct.5. – Nov. 13, 2015
2.) Jan. 4– Feb. 13, 2016
3.) Feb.29 – Apr. 8, 2016
The NCSC, which is aligned with CCSS, assesses English Language Arts (reading and writing)
and Mathematics. The NCSC will be administered at some time in March, April, or May 2016,
exact dates TBA.
ELA, Mathematics
Grades Tested: 3-8, 11
Administration Dates: TBA (March-May 2016)
ACCESS for English Language Learners
Rhode Island requires that the English language proficiency (ELP) of all English language
learners (ELLs) be measured annually with the ACCESS for ELLs. One of five grade-level
tests, from Kindergarten to Grades 9-12, is administered to students who are identified as English
language learners. 2015-2016 ACCESS tests will be given in January or February, 2016 (exact
dates TBA).
Advanced Placement
Advanced Placement examinations are taken each spring at the end of year-long courses that are
designed to provide college-level curricula. Many colleges and universities grant credits and/or
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advanced placement based on AP scores.
Rhode Island public school students enrolled in Advanced Placement courses who qualify for
free/reduced lunch also qualify for the AP Exam Fee Waiver Program, allowing qualifying
students to take AP Exams at no cost.
Special considerations for the above assessments:
In Rhode Island, student growth and achievement is measured in two ways: 1.) statewide testing,
using the Partnership for Assessment of Readiness for College and Careers (PARCC),
which is aligned with the Common Core State Standards (CCSS) and replaces the New England
Common Assessment Program (NECAP) and 2.) Student Learning Objectives (SLO),
which are determined for subjects not covered by standardized tests by school districts, schools,
and individual teachers
The PARCC Consortium has shrunk significantly during recent years, as state after state has
withdrawn to develop separate assessment tools. Although the official RIDE position is that the
first Rhode Island testing in the 2014-2015 school year went well, parents, students, and some
teachers tell another tale. As a member of the PARCC Consortium, Rhode Island adheres to its
policies, testing all students, including students with disabilities, English language learners,
English language learners with disabilities, and underserved populations. For detailed
information on how the tests may be modified for distinct student groups see the PARCC
Accessibility Features and Accommodations Manuel and appendices (Fourth Edition—
Appendices, August 2015)
All students enrolled in a public school districts, including students with disabilities and students
who are English language learners (ELL), are expected to take part in Rhode Island’s statewide
academic assessment program in one of the following ways:
1. Participate in the statewide Partnership for Assessment of Readiness for College and
Careers/ New England Common Assessment Program (PARCC/NECAP)
assessments without accommodations;
2. Participate in the statewide Partnership for Assessment of Readiness for College and
Careers/ New England Common Assessment Program (PARCC/NECAP)
assessments with accommodations;
3. Participate in the Rhode Island Alternate Assessment and National Center and State
Consortium ((RIAA/NCSC) available only for students with Individualized
Education Programs (IEP) who meet specific criteria.
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The only students exempted from testing are those who are eligible for exemption/special
consideration based on state-approved reasons or State-Approved Special Considerations
(SASC), which fall within four broad areas:
Medical Reasons;
Personal Crisis;
Family Emergency;
RIAA qualified after RIAA enrollment window closes
Please consult: RHODE ISLAND STATE ASSESSMENT PROGRAM 2014-2015 StateApproved Special Considerations for Statewide Assessments: Guidelines & Forms PAARC,
NECAP Science, NCSC and RIAA Science Alternate Assessments Fall 2014 – Spring 2015
This the most recent available version of this document, which will probably be updated before
the Spring 2016 assessment.
The rules governing exemptions for the NECAP tests, which are being phased out in Rhode
Island but will still be administered to some grades in the 2015-2016 school year, are similar to
those for the PARCC given above. Students identified as English language learners (ELL) are
not exempt from the NECAP Science assessments (still required in R.I.) which they must take
regardless of when they entered the U.S. In addition, ELL students must also participate in the
ACCESS for ELLs® test (RI’s English language proficiency test).
All non-exempt students, those who do not have RIDE-approved special consideration request
forms, must take an applicable NECAP test if they are attending school during the testing
window. Mandatory participation applies to the make-up testing periods as well
According to the PARCC manual, accommodations are available to:
.Students with disabilities who have an Individualized Education Program (IEP);
.Students with a Section 504 plan who have a physical or mental impairment that substantially
limits one or more major life activities, have a record of such an impairment, or are regarded as
having such an impairment, but who do not qualify for special education services;
.Students who are English learners;
.Students who are English learners and with disabilities who have an IEP or 504 plan. These
students are eligible for both accommodations for students with disabilities and English learners.
.Students who are English learners in their first year in a U.S. school are exempt from PARCC
testing. In subsequent years they must take PARCC tests in ELA/literacy and mathematics.
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For details on applying for alternate assessments, again, download the PARCC Accessibility
Features and Accomodations Manual and appendices (Fourth Edition). Please take special
note of the Appendices to the Fourth Edition (August 2015)
http://www.parcconline.org/assessments/accessibility/manuel
.
Conditions that DO NOT qualify for exemption:
As stated above, the main qualifications for exemptions are serious medical problems, personal
crises, and family emergencies.
The following conditions do not qualify
Medical Fragility – All “medically fragile” students are expected to participate in statewide
assessment unless a significant and documented medical emergency exists in addition to medical
fragility.
District-provided home-based educational programs (student remains enrolled in district)
Pregnancy
Students with acute, short-term minor illnesses or injuries
Students placed in correctional facilities
Students receiving educational services at an out-placement facility
Student or Parent refusal to test
Mental health conditions that permit students to receive instruction
In all cases, the exemptions must be approved by the Director of Instruction, Assessment, and
Curriculum at the Rhode Island Department of Elementary and Secondary Education
(RIDE). All SASC requests, which must be submitted online via eRIDE by the superintendent
of the student’s school district, will be acknowledged with an email receipt to the
superintendent. For requesting student exemption from state testing via the eRIDE system,
please see Guidance on How to Request Exemption from NECAP or RIAA via eRIDE [PDF,
547KB]. There is a strict schedule of deadlines which must be met.
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Problems with High Stakes Testing
Although the federal government is prohibited by federal law from promulgating a national
curriculum, the Common Core State Standards (CCSS) will obviously give rise to a national
curriculum, since they are to be assessed by one of two national testing consortia—PARCC or
SBAC. The curriculum is aligned to the assessment which is aligned to the standards. The CCSS
are copyrighted and, once accepted, cannot be modified. Many teachers who have begun
implementing the standards find that they are unreasonable and inflexible. The pacing is fixed
and disregards the needs of non-standard learners. The education of non-standard learners, in
particular children with special needs, English language learners, and children living in highpoverty neighborhoods, will suffer irreparably from these poorly devised standards and the
incessant testing
Many eloquent and detailed objections to high stakes testing have been published by scholars,
commenting on the over-arching problems, by parents, witnessing the the difficulties of their
own children, and by teachers who recognize the diminishment of public education in this era of
testing mania. Below is a bare bones list of common reasons for resistance.
High Stakes Testing:
•
Is not scientifically-based and fails to follow the U.S. Government's own data on learning.
•
Fosters test driven education that is not meeting the individual/intellectual needs of
students.
•
Presents a racial and economic bias that is beneficial to white middle/upper class students
and detrimental to second language students, impoverished students, and students of
color.
•
Is in opposition to the corrective action in gaps in opportunity and resources sanctioned
by the Fiscal Fairness Act.
•
Supports complicity of corporate interests rather than democracy based on public
concerns.
•
Fosters coercion over cooperation with regards to federal funding for public education.
•
Promotes a culture of lying, cheating, and exploitation within the school community.
•
Has used the achievement gap to foster a “de facto” segregation that has resulted in
separate and unequal education for minorities.
•
Additionally, data collection of student's private information cannot be guaranteed to be
secure and may be abused by third party entities.
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Low/poor test scores, which are likely to occur with more frequency with Common Core and
PARCC will be used to fire teachers, create more online learning scenarios (even in elementary
schools) and replace more public schools with for-profit charter schools.
See teachers’ comments on the administration of the PARCC field tests in Spring 2014 and
problems with the tests: http://testingtalk.org/responses/?s=&region=ri&test=parccpilot&content_area=&category=&grade=
Procedures for Opt-out/Refusal
1.) Rhode Island parents are routinely told that there is no opt out or refusal procedure in this
state/ in this district and all students must take the PARCC, which is aligned with the Common
Core State Standards (CCSS) and the NECAP in Science. The first response to a parent’s
written or oral notification of refusal will likely be a scheduled interview or invitation to a
presentation for parents so that the (poor, uninformed) parents can be enlightened about the
positive features of the common core curriculum and/or PARCC testing. The fact that refusing
parents may be better informed than the non-refusers is frequently ignored by high-stakes testing
advocates and spokespersons. It may be advisable for you to meet with school officials if
requested but to leave the meeting or presentation if high pressure tactics are offensive.
2.) If you are unsure of your specific school district’s policies on testing, check back with district
administrators and/or other parents.
3.) If you are on Face Book, check to see whether there is a “Collapse the Core” site for your
Rhode Island school district. If there is you will be able to get help and specifc information from
other parents on that site. If your district has no Collapse the Core chapter, go to “Stop Common
Core in Rhode Island.” Although the PARCC test, not the Common Core standards may be your
immediate problem, the two are inter-related and these Face Book sites are very much about
standardized testing and district rules.
4.) If you are not on Face Book, check the site “Parents Across Rhode Island” for useful
information.
5.) Write a letter of refusal to take the test to be submitted to your local school administrators.
Submit this letter at the beginning of the school year if possible.
You may relate your test refusal to questions of your beliefs or practices in morality or
religion. UOO has a sample opt out letter grounded in ethical (non religious) concerns. We also
have a sample letter using religious principles.
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Please refer to the “State-Approved Special Considerations for Statewide Assessments:
Guidelines & Forms” document (on the ‘Guidance and Forms’ tab, and also on the eRIDE site)
for details.
State Approved Special Considerations can be found at:
https://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption
%20Requests%20for%20Statewide%20Assessments_20122013%20Guidelines%20and%20Forms.pdf
Important Dates for Special Consideration (SASC) - Exemption available at:
https://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption
%20Requests%20for%20Statewide%20Assessments_20122013%20Guidelines%20and%20Forms.pdf
Sample Language and Points for Refusal Letters
The RIDE policy does not allow exemptions based on a refusal to test. Therefore no “exemption”
will be granted on these terms. Parents and/or students will have to state that they are refusing to
take the test rather than requesting an exemption.
See the following ACLU report, petitions, and letters for opt out language and talking points:
http://www.riaclu.org/issues/issue/high-stakes-testing ,
http://riaclu.org/images/uploads/PARCC_letter_to_school_districts_sample_051215.pdf ,
http://www.riaclu.org/news/post/community-organizations-file-formal-petition-to-amendgraduation-regulation
Note that the last submitted petition to the Rhode Island Board of Education concerning high
stakes testing, dated June 2015 ,was signed by the following organizations as well as the
American Civil Liberties Union of Rhode Island: Coalition to Defend Public Education,
George Wiley Center, NAACP Providence Branch, National Association of Social
Workers/RI Chapter, Parent Support Network of Rhode Island, Parents Across Rhode
Island, Providence Student Union, Rhode Island Disability Law Center, Rhode Island
Teachers of English Language Learners, Tides Family Services, and Young Voices.
See more at: http://www.riaclu.org/news/post/community-organizations-file-formalpetition-to-amend-graduation-regulation#sthash.2WnpZOQn.dpuf
Each of the signing groups above have slightly different objections to high stakes testing. Each
of them may provide talking points and evidence to back up your ideas. The Rhode Island ACLU
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has devoted most attention to criticizing the NECAP as a graduation requirement and not so
much to parental refusals in the lower grades. However, many of its arguments apply to
standardized testing in general. Before the June 2014 action of the General Assembly, the
consequence of a low score on the 11th grade test was no diploma. Although the prospects were
never so extreme in the lower grades, parents should check with districts and schools in order to
determine as specifically as possible what the consequences of testing refusals will be.
Opt Out Themes
Opt Your Child Out of State Testing: Don't Feed the Machine. Diane Ravitch
http://www.huffingtonpost.com/diane-ravitch/opt-out-state-testing_b_5064455.html
Curmudgeon on opt out
http://curmudgucation.blogspot.com/2015/08/anti-opt-outpushback.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+blogs
pot%2FORjvzd+%28CURMUDGUCATION%29
BIg data is a civil rights issue
http://talkingpointsmemo.com/cafe/big-data-is-a-civil-rights-issue
Still no RI law that mandates participation in the PARCC
http://warwickonline.com/stories/Still-no-RI-law-that-mandates-participation-in-thePARCC,100574
Why you should opt out
http://thecrucialvoice.com/2015/08/17/should-you-opt-out/
Opting out is the only option
http://www.cityandstateny.com/articles/policy/education/opinion-opting-out-is-the-onlyoption.html#.VeQq3cT3aK0
R.I. teachers give PARCC failing grade.
http://m.providencejournal.com/article/20150730/NEWS/150739969/-1/breaking_ajax
Parents mobilizing against new standardized tests
http://m.providencejournal.com/article/20150314/News/150319530
PARCC consortium shrinks to just seven states
http://news.heartland.org/newspaper-article/2015/08/13/parcc-consortium-shrinks-just-sevenThis is not a legal document. It is for informational purposes only.
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states
Mercedes Schnieder on opt out
https://deutsch29.wordpress.com/2015/07/31/ed-next-if-feds-allow-opt-out-one-cannot-assessschool-performance
The big lie behind rhode island's strategic plan for education
http://dianeravitch.net/2015/07/28/carole-marshall-the-big-lie-behind-rhode-islands-strategicplan-for-education/
Sorry, I'm not taking this test
http://m.motherjones.com/politics/2015/08/opt-out-standardized-testing-overload
Supreme Court Decisions and Parental Rights
According to the U.S Constitution, specifically the 14th Amendment, my rights to
religious/spiritual freedom are protected and this federal law supersedes state law in regard to
parental control over one’s child. Under the law, you cannot deny my request.
You may use the language of the Constitution to ground your case for refusal, citing the
following:
Parental rights, especially in the area of education, are broadly protected by United States
Supreme Court decisions. The U.S. Supreme Court has repeatedly held that parents have the
fundamental right to direct the upbringing and education of their children.
In Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), the U.S. Supreme Court declared that,
“The child is not the mere creature of the State: those who nurture him and direct his destiny
have the right, coupled with the high duty, to recognize and prepare him for additional
obligations.”;
In recognition of both the right and responsibility of parents to control their children’s education,
the U.S. Supreme Court has further 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 U.S. Supreme Court has also recognized that the right of parents to raise their children free
from unreasonable state interferences is one of the unwritten liberties protected by the due
process clause of the Fourteenth Amendment to the U.S. Constitution and criticized a state
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legislature for trying to interfere “with the power of parents to control the education of their
own.” Meyer v. Nebraska, 262 U.S. 390, 401 (1923)
Sample United Opt Out Letter
Dear X School Administrators,
My child, John Doe, is in 5th grade for the 2015-2016 school year at X School. I am writing to
inform you that I refuse to have my child take part in the NECAP, DIBELS, PARCC or any
other form of standardized testing. I have been advised that my religious or medical or
psychological concern meets the criteria for honoring my request. Instead of high-stakes
standardized tests, I would like my child to be given alternative forms of assessment, including
but not limited to teacher-devised assessments, projects, or portfolios to be determined at the
discretion of John’s teacher.
Ten years of research and analysis by academic experts from Penn State to Harvard conclusively
prove that high stakes testing harms children, narrows curricula, and punishes schools that serve
the most vulnerable members of our society—kids with special needs and kids in poverty. Testdriven education unfairly penalizes impoverished students, English language learners,
cognitively disabled students, and students of color. There is extensive documentation of these
facts and I find such testing—therefore-- morally and spititually unethical.
Additionally, participatinh in these tests 1.) negatively affects my child’s social-emotional well
being, 2.) kills his curiosity and love of learning, 3.) makes him stressful, 4.) reduces his capacity
for learning and 5.) diminishes his opportunities for socialization. I also deeply resent the fact
that expensive testing diverts funding away from the classroom to testing companies and
consultants.
According to the U.S. Constitiution, specifically the 14th Amendment, I have rights to religious
and spititual freedom. This federal law supercedes any state regulation in regard to parental
control over my child. Under the law, you cannot deny my request.
Parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially
in the area of education. The Court has repeatedly held that parents possess the “fundamental
right” to “direct the upbringing and education of their children.” Furthermore, the Court declared
that “the child is not the mere creature of the State: those who nurture him and direct his destiny
have the right, coupled with the high duty, to recognize and prepare him for additional
obligations (Pierce v. Society of Sisters, 268 U.S. 510, 534-35) The Supreme Court criticized a
state legislature for interfering “with the power of parents to control the education of their own.”
(Meyer v. Nebraska, 262 U.S. 390, 402.) In this case the Supreme Court held that the right of
parents to raise their children free from unreasonable state interferences is one of the unwritten
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“liberties” protected by the Due Process Clause of the Fourteenth Amendment. (262 U.S. 399).
In recognition of both the right and responsibility of parents to control their children’s
educations, the 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 the
obligations the State can neither supply nor hinder.” (Prince v. Massachusetts, 321 U.S. 158)
Sample-Additional religious opt out paragraph—optional
Under the law you must get 95% of kids tested. But it’s wrong. It is based on lies and deceit and
greed and corruption. My faith demands that we must fight against this. To continue to
participate in this corrupt farce is to undermine the very core of public education. Those pushing
for ever-increating testing and “accountability” have made their agenda crystal clear—school
closings, vouchers and eventually privitization—turning education over to for-profit companies.
Private schools run by the Catholic Church and the Friends Council on Education are not for
profit; they do not participate in this testing; their students receive a great education. For-profit
schools run by large educational management organizations (EMOs) have a dismal record but,
nevertheless, more and more schools will fail to meet their testing goals and be closed down,
reorganized and ultimately turned over to private for-profit EMOs. We are told that private forprofit companies can do a better job than ordinary public schools because of the free market and
that competition will make schools better. The free market produced scandals ranging from
Halliburton and Blackwater in Iraq, to the Enron debacle, to the recent outrage in our own backyard with private for-profit prisons for kids. When our tax dollars are involved, greed and
corruption run rampant in the “free market.”
In summary, I believe high stakes tests are harmful to my child socially, emotionally and
physically, and diminish his opportunities to attend a public school where he has been
guaranteed the right to a quality education.
Please think about your role in this situation and if there is anything you can do to take a stand
against the Big Lie that NCLB and RTTT and high-stakes standardized testing are good for
children and public education.
Sincerely yours,
John and Jane Doe, Concerned Parents
Sample Opt Out Letters by Rhode Islanders
The following letters of refusal were submitted and accepted by Rhode Island school officials in
the 2014-2015 school year.
This is not a legal document. It is for informational purposes only.
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1. SHORT AND TO THE POINT. NO NONSENSE. MENTIONS PERSONAL RESEARCH BUT
DOES NOT REVIEW IT IN THIS LETTER. CERTIIED MAIL/ RETURN RECEIPT A GOOD
IDEA FOR VERIFICATION OF DATE OF REQUEST AND PROOF OF NOTIFICATION.
Sent via Certified Mail/Return Receipt Requested:
Dear Mr. X (Principal):
I am writing on behalf of my daughter, Janet Doe (7th grade). I am writing to inform you of my
refusal for her to participate in the upcoming PARCC tests or any other standardized tests not
named here.
After thorough research, I have decided that the use of standardized testing does not have my
daughter’s best interest in mind and such tests do not accurately represent her personal
academic achievements.
Please note that this letter is in effect until Jane graduates from Blank Middle School (2016) or
unless otherwise advised.
Please confirm receipt of this letter either by return mail or email.
If you have any questions or require clarification, please feel free to contact me.
Sincerely,
Jane Doe
2. MORE EXPLANATION OF REASONS FOR REFUSAL. MENTIONS GENERAL
PROBLEMS WITH HIGH-STAKES TESTS. EXPRESSES POSITIVE FEELINGS ABOUT
CHILDREN’S SCHOOL AND TEACHER/ FAITH IN TEACHER’S JUDGEMENT. REQUESTS A
CONFIRMATION OF LETTER’S RECEIPT. INCORPORATES ASPECTS OF OPT OUT
NOTES (1 – 7) EXPRESSES CONCERN ABOUT WHAT CHILDREN WILL DO WHILE
OTHERS ARE TESTED.
DATE: 12/6/2014
TO:
Blank R.I. School District
RE:
Judith and Jill Doe
To whom it may concern:
This letter is to serve notice that, as of today’s date, our above named children, who are students in
the Blank RI School District, will not be taking part in ANY STATE or FEDERAL standardized test,
including the PARCC, for the remainder of the school year 2014-2015 (including any make-up
tests.) As their parents, we are refusing their participation in this standardized testing. Judith is
currently in the 10th grade at Blank High School and Jill is currently in the 6th grade at Blank Middle
School. In addition, please allow this letter to serve as notice that our children will not take part in
This is not a legal document. It is for informational purposes only.
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any surveys given in the classroom. We request that they are to bring any such surveys home for our
review before completing or turning them in to class/school. Thank you for your cooperation.
We refuse to allow our children to be subjected to this type of testing as it was not created with the
child in mind, and does not benefit our children’s education in any way. Furthermore, we must be
guaranteed in writing that our children will not face any negative consequences for refusal relating to
course grades, social or behavioral evaluations, promotion, or future classroom assignments. Until
focus on testable skills diminishes to a reasonable extent, we will continue to withhold our children
from participation in the testing program, and I ask that you honor that decision. We see these tests
as harmful, expensive, and a waste of time and valuable resources.
Additionally, participating in these tests 1) negatively affects my children’s social-emotional wellbeing; 2) stifles curiosity and love for learning; 3) places developmentally inappropriate and undue
and unhealthy stress on them; 4) reduces their capacity for attaining new knowledge; 5) replaces their
higher order thinking with a “drill and kill” curriculum; 6) diminishes opportunities for socialization;
and 7) diverts funding that could go to programs in the children’s schools to testing companies and
publishing companies.
We believe in and trust our highly qualified and dedicated teachers and administrators. We believe in
the high quality of teaching and learning that occurs in our children’s schools. We hope our efforts
will be understood in the context in which they are intended: to support the quality of instruction
promoted by the school, and to advocate for what is best for our child and more broadly, all children.
We will provide our children with appropriate reading material so that they may read quietly, or
complete homework if it is permitted, during testing time.
Please confirm with us directly that you have received this letter and that this request will be
honored. Should you have any questions, please feel free to contact us via mail or email.
Sincerely,
Mr. and Mrs. John Doe
Facebook groups of parents, teachers, and community members against the Common Core
State Standards Initiative and PARCC standardized testing:
Rhode Island Collapse the Core and Stop Common Core Face Book groups were founded by
concerned parents, most of whom refused the PARCC tests in 2014-2015 and have expressed
their intention of refusing again in 2015-2016. These groups are a fountain of local information
and very helpful to parents who are considering the opt out option for the first time. For the
2014-2015 tests, the Burrillville school district had the highest refusal rate in Rhode Island—
37%--thanks mainly to the dedication and organization of Don Allen.
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Collapse the Core (Burrillville, R.I.)
Collapse the Core (Cumberland, RI)
Collapse the Core (Smithfield, RI)
Collapse the Core (Pawtucket, RI)
Collapse the Core (Woonsocket, RI)
Stop Common Core in Rhode Island (state-wide)
Other Rhode Island Resources and Organizations
The Providence Student Union (see providencestudentunion.org), a group of well-organized high
school students, led by Zack Mezera, has been exceptionally effective in making the case that
requiring a certain score on a standardized test like the NECAP or the PARCC as a condition of
high school graduation is inappropriate and unfair. From administering a version of the test to
public figures, many of whom did quite poorly--and said so, to wearing ears and whiskers to
protest their status as guinea pigs in the present test-crazy climate, they focused public attention
on the issue. They also show up en masse and give eloquent testimony at State House hearings
and Board of Education meetings on other educational issues—such as R.I.’s deteriorating school
buildings.and other public events. The PSU’s central concern, however, remains the high-school
exit test as a graduation requirement.. The leader of the ACLU has refered to this as a zombie
issue in our state—we think it’s dead but it keeps popping up again and again—in different forms
and in different places
Parents Across Rhode Island (www.parentsacrossri.org ) is a volunteer grass-roots network
created by parents. “Our goal is to stop the misuse and negative consequences of high-stakes
standardized testing in the State of Rhode Island and across the country. We believe that every
child deserves to be educated to the best of their abilities. The one-size-fits-all notion of
standardized testing prevents that from occurring. Our children deserve better.” Maintained until
now by Jean Ann Guliano, who is particularly sensitive to the plight of learning disabled
students, the site provides an excellent compilation of education-related/test-related news and
discussion. Now that Jean Ann’s son has graduated from high school and she and he are moving
to Florida, the site has been taken over by Tracy Cooper Ramos, whose young children are just
entering the educational system. It will no doubt change a bit, but Tracy has expressed a
continuing dedication to providing parents with “a resource to understand the issues facing our
state and to organize the community around fair testing and developmentally appropriate
curricula.”
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Rhode Island ACLU: Executive Director, Steven Brown, and his staff continue to take strong
positions in opposition to high-stakes testing, in opposition to minimum passing scores on the
NECAP and PARCC tests as a requirement for high school graduation, in opposition to the
inconsistent and poorly publicized waiver system devised by RIDEt, in opposition to the lack of
public discussion of testing policies by the state Board of Education, and in oppositions to
various punitive ploys designed to force students and parents to go along with the state-wide
program of standardized tests. See http://www.riaclu.org/legislation for a summary of the
ACLU’s successful legal actions against the BOE and http://riaclu.org/news/post/communityorganizations-file-formal-petition-to-amend-graduation-regulation for its most recent petition.
Rhode Island KIDS COUNT ( rikidscount.org) Supported by the Rhode Island Foundation, other
local and national foundations, corporate sponsorships, and individual donations, this group is
enthusiastic about CCSS and standardized testing and seems to always agree with RIDE’s
positions. Led by Executive Director Elizabeth Burke Bryant,. Kids Count “collects and
disseminates data on the well being of Rhode Island’s children and advocates for and facilitates
the development of responsive programs.” The web site is useful for tracking R.I. legislation
relating to child welfare and education.
Coalition to Defend Public Education is a group of teachers, parents, and retired teachers, most
of whom live in Providence, opposed to high-stakes testing, the privitization of education, and
the strong corporate influence on local and national educational policy. This group sometimes
presents meetings and panels on educational issues and the failure of the corporate reform
movement. TRANSFORMING & DEMOCRATIZING PUBLIC EDUCATION: AN
ACTIVIST SUMMIT was its most recent forum, presented in cooperation with the Southeast
Massachusetts group in May, 2015.
RI Future “is a progressive political blog that strives to speak truth to power, stick up for the
oppressed and ignored and tell interesting and entertaining stories about the Ocean State.” It
includes articles on education in the ocean state by well known figures like Providence
Coucilman Sam Zurier and ACLU Director Steven Brown as well as other lively and
independent writers. Discussion comments by regular readers are often interesting and extensive.
http://www.rifuture.org/about#sthash.fxS2SpKy.dpuf
The Providence Journal: The editorial/op ed pages of the state’s only daily newspaper seem to
define teachers as union members and scold and denigrate them at every opportunity. Editor Ed
Achorn’s anti-union sentiments are well known. The Journal takes educational reform at face
value, responding, for example, to the General Assembly’s 2014 moratorium on standardized
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tests scores as high school graduation determinants with an editorial titled “Undermining
educational reform.” To its credit, the ProJo has published rebuttals to the self-serving writings of
“reformers” by opponents such as Rick Richards, Carole Marshall, Sheila Resseger and Ken
Fish.
Carole Marshall’s Stubborn Hope is a book about her experiences as an urban teacher at Hope
High School in Providence. Focused on her students, this is a blessedly non-ideological
description of how the present testing regime can alienate the very students that it purports to
help. https://www.smashwords.com/books/view/384330
http://www.amazon.com/Stubborn-Hope-Memoir-UrbanTeacher/dp/1495353206/ref=sr_1_1?s=books&ie=UTF8&qid=1404500858&sr=11&keywords=stubborn+hope
.
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This is not a legal document. It is for informational purposes only.
Template revised 08.2015