Articles • Page 12 of 14 • Texas Parents' Educational Rights Network

TEA Responds to Letter re Social Media Monitoring

Written by admin on March 27, 2015. Posted in STAAR | EOC Testing, Testing Irregularity. Leave a Comment

In response to TPERN’s inquiry, the Texas Education Agency has provided the following information. It is reprinted below, but Pearson is not required to monitor social media by contract, and the TEA does not ask them to do so. The TEA does monitor public social media. The TEA did not disclose whether Pearson engages in social media monitoring of STAAR takers of its own volition. The full reply is below:

March 27, 2015
Dear Mr. Placek,

Thank you for your recent correspondence to the Texas Education Agency (TEA) regarding the monitoring of social media accounts of students who take state assessments. The commissioner has forwarded your letter to the Student Assessment Division for response.

The current contract for the Texas state assessment program does not require any monitoring of social media by Pearson, the vendor for the state assessment program, and TEA makes no requests for the vendor to do so.

As required by 19 TAC §101.3031, the Student Assessment Division oversees the maintenance of test administration procedures and training activities to ensure the validity, reliability, and security of assessments. Requirements for ensuring test security and confidentiality are delineated in test administration materials annually and detailed in the Test Security Supplement (19 TAC §101.3031 (b)(2)).

Monitoring procedures as outlined in the Test Security Supplement require districts and campuses to implement necessary measures to prevent student cheating. This includes monitoring student use of cell phones and electronic devices during test administrations. TEA considers it a serious testing irregularity if a student photographs or duplicates secure test content or disseminates this information using an electronic device.

As obligated by TEC §39.0301, TEA has established procedures to ensure the security of assessment instruments. This includes the monitoring of public social media. In its review of information posted to public social media, it is possible that personally identifiable student information could be observed.

TEA understands its responsibility to protect student confidentiality. As a result, TEA has developed operating procedures that require all staff to adhere to the agency policy that personally identifiable student information collected and maintained by the agency will be protected from unauthorized disclosure to safeguard confidentiality. The agency is subject to the same requirements for controlled accessibility to confidential student information as are school districts, education service centers, and charter schools. Under no circumstances will personally identifiable student information be released except in accordance with FERPA. Therefore, if a posting on public social media is discovered that violates the requirement to maintain test security and confidentiality, TEA will respond in keeping with its obligations under federal and state confidentiality laws and under its own operating procedures.

[The response was not signed or sent from an individually identifiable e-mail adress].

Schools: STOP THE LIES

Written by admin on March 25, 2015. Posted in STAAR | EOC Testing. 17 Comments

I’ve had it. I am tired of parents reporting threats and intimidation tactics by schools that are nothing but lies. At first I tried to give the teachers and administrators the benefit of the doubt and think they must just be misinformed. But the reports are coming so hot and so heavy that I am left with only one conclusion: schools, teachers and administrators will say and do anything to try to intimidate you into making sure your child takes the STAAR. They will lie; they will bully; they will threaten. It needs to stop. This is not an adversarial system. Education is supposed to be a partnership between parents and educators for the benefit of the children. In the business world, when partners lie to each other they get sued. Too bad the schools have no such deterrent.

Let’s count the lies:

1. Students have to pass Math STAAR for promotion this year. False, the TEA has removed it from SSI requirements. (Link)

Update for 2016: Math STAAR is part of SSI this school year. Even so, the Education Code provides a path for promotion for 5th and 8th graders who do not pass STAAR in Math or Reading (or both).

2. If you child doesn’t take STAAR in 3rd/4th/6th/7th grade, they can’t go to the next grade. Almost always false. Check your school district’s policy online for Policy EIE (Local). Look for the section entitled Grade Advancement Testing. Most policies only say passage of the state assessment is required for Grades 5 and 8. Houston ISD is a notable exception. But I have not found any other districts that have enacted such a policy. No, they cannot retain your child for opting out of STAAR in 3rd, 4th, 6th or 7th Grade. To do this Google the name of your ISD and “board policy online”. From there, click on “Section E: Instruction” and locate policy EIE (Local). The typical section reads something like this: “Grade Advancement Testing: Except when a student will be assessed in reading or mathematics above his or her enrolled grade level, students in grades 5 and 8 must meet the passing standard on the applicable state-mandated assessments in reading and mathematics to be promoted to the next grade level, in addition to the District’s local standards for mastery and promotion.” By the way, the “in addition to” language at the end demonstrates that STAAR is not a part of the District’s local standards for mastery and promotion that apply to all other grades.

Update for 2016: Houston ISD has apparently suspended their promotion policy for non-SSI grades. To my knowledge H-E-B ISD is continuing their policy on non-SSI year passage. I have not found any other districts requiring STAAR passage in non-SSI years.

3. Your 5th/8th Grader Can’t Be Promoted Without Taking STAAR. False. The Education Code provides that students who have not met the standards for passage of STAAR in 5th or 8th grade are reviewed by a Grade Placement Committee for promotion. .Tex. Educ. Code sec. 28.0211 (e).

4. Our District WON’T Promote you if you don’t at least try STAAR. Either False or an overt statement of their intention to break the law. There is nothing in the Education Code, or any school policy we have seen, which permits a district to take into account the refusal to take STAAR as a factor in promotion or retention. The Education Code dictates the factors to be considered. Refusal to participate in STAAR is not one of them. When a district says this, they need a lawyer letter sent to them. Tex. Educ. Code 28.021(c).

5. If you don’t take STAAR, you have to go to Summer School. False. There is nothing in the Education Code that requires STAAR failures or refusers to go to summer school. The TEA’s SSI manual is very clear that there is no specific amount or type of Accelerated Instruction required for kids who have not passed STAAR. Specifically, the quote from p. 33 of the manual states, “Neither the law nor the rules specify the amount of time to be provided for the accelerated instruction. To support the SSI grade-advancement requirements, the law and the commissioner’s rules provide districts and charter schools with flexibility to determine on an individual student basis the appropriate form, content, and timing of the accelerated instruction. ” It is also a decision for the GPC, which you are a member of! For 5th and 8th grade students, summer school cannot be required by district “policy”, notes from the principal or any other method other than GPC.

6. If you don’t take STAAR, you have to lose an elective next year. False. For the same reason above.

7. – Updated: Your high school student cannot go to the next grade unless they pass STAAR. Completely false. Again check Board Policy EIE (Local). The standard language says “Grade-level advancement for students in grades 9–12 shall be earned by course credits.” Credit comes from grades. STAAR is a graduation requirement only, although alternate assessments are available. Please check your local board policy to confirm.

8 – Updated: If you opt out in grades 3-8, your child can’t graduate high school. Completely false and deliberate lie. There is absolutely no connection between performance or participation in pre-secondary STAAR assessments and high school graduation. The high school requirements (which do not even require passage of all STAAR EOC assessments) are independent of the requirements for Grades 3-8. No part of high school graduation requirements look at participation in STAAR for grades 3-8. This is so well known, that if a school tells you this, they can only be trying to scare and intimidate you.

9 – Updated: If you opt out you cannot be promoted to 6th/9th grade. You can only be placed in the grade. False. The Grade Placement Committee, by law, can do only one of two things: promote or retain. Placement is not a “thing” under the education code, except in one rare instance that has nothing to do with STAAR and does not involve a GPC. This is just a lie designed to make the parent feel their child will be labeled as something inferior. It is not true.

10 – If you are at school and refuse STAAR, you get a ZERO! False. Nobody gets a zero. Nobody in the history of all STAAR has ever gotten a zero. Students who refuse assessment receive the minimum scaled score. Now let’s ask two questions. First, what does that matter? A refused assessment does not yield valid educational data whether they score is a 0 or a 1,000,000. It is meaningless. Second, if nobody gets a zero, why do schools say that? Because getting a zero sounds scary to parents in a way that getting the minimum scaled score doesn’t Schools will lie to you to scare you in order to get you to take the assessment. That’s really pathetic. Don’t fall victim to these scare tactics.

I am sure there are more and as I see them, I will add them in. Here is my advice for parents. When your district makes a threat like any of the above, tell them you want to see it in writing. You will be amazed how many of these “threats” will disappear when you ask them to sign their name to it. That is because they know they are lying.

And one other thing, if you give in to these lies, they will continue. If you allow yourself to be bullied, you are setting yourself and future parents up for more of the same treatment. You are an adult. They can’t take your lunch money from you unless you let them. Stand up to the lies.

A Great Refusal Letter

Written by admin on March 23, 2015. Posted in STAAR | EOC Testing. 2 Comments

Here is refusal letter a mom from GPISD shared with us! I’d love to see how the school responds to this!

Dear (school name protected) Administrators and Teachers:
My name is [parent name]. I’m a mother of a 5th grader in GPISD. It was suggested to me that I contact you to discuss my concerns about STAAR testing. I will be honest about how I feel about STAAR, but I seek guidance about how to approach the issues at hand. I don’t like the STAAR test, I don’t agree with and I certainly don’t approve of the curriculum that comes with it. As I mentioned, my daughter is in 5th grade and was diagnosed with double-deficit Dyslexia late last year. Since that time, she has failed all of her STAAR tests. The stress she’s already feeling about testing causes her to lose sleep, get headaches and stomach aches. She spends more time than her peers just trying to keep up, but still is falling behind. I have pushed to have her tested for other learning disabilities and that is in the works, but hasn’t happened yet. She has two first year teachers this year, one for reading, one for math and her science teacher has been out on maternity leave, so she has had a sub the last few weeks. She went several weeks without any math instruction at all because her Dyslexia class interfered with instructional time for math.
As a parent, I feel that it is my responsibility to protect my children from anything I deem as harmful and I strongly feel that the STAAR test is harmful, not only for my child, but for EVERY child, however, I only have the ability to protect my own. I don’t want my daughter to take the test, but I also understand that she’s in a “critical” year for testing, which puts me in a quandry. It is my understanding that the 5th grade kids must pass reading this year to be promoted to 6th grade. Based on what I’ve seen with the homework she brings home and the struggles she has with it, I feel pretty certain that she won’t pass it. Nor do I feel she will pass the math or science! The structure of this test is developmentally inappropriate for their ages! I have two older children and neither of them, nor myself, are capable of understanding some of the assignments nor the method of teaching that is being conveyed to my 5th grader, and I assure you that it’s not due to lack of intelligence!
This assessment means absolutely nothing to me. It doesn’t measure intelligence, nor does it measure teaching or learning ability, so why is it so critical? Because the State says it is!
Here’s my quandry…I know what my rights are, but I want to know what stance GPISD takes and if her school and district administrators will support my daughter and I or are they going to fight us.
Do I allow my child to take the test, knowing the physical, emotional and psychological damage it causes her along with the physical illness it creates, knowing the likelihood of her passing is slim, or do I do what my maternal instinct is telling me and refuse for her to take it? Will I have support from GPISD or will GPISD challenge me, making things even more difficult for my daughter and myself? Do I continue to allow my daughter to be made to feel like she doesn’t matter, that she has no value because she can’t pass an insignificant test? I have always taught my children to stand up for what they believe in and what is right, even if that means they stand alone, so doesn’t that mean I should lead by example? I have always taught my children to always do their best in everything they do. Do I allow my daughter to continue to feel like a failure, even though she is doing her best? Is GPISD going to tell my daughter that her best isn’t good enough?
I feel that whatever direction I choose to go, it could potentially negatively impact my daughter and I don’t want that. She faces more than enough challenges at this age and certainly doesn’t need anymore.
The more I write, the more concrete I feel in making my decision. I must use my voice to protect my child until she is capable of using her own. With all due respect (and I DO highly respect each of you and your positions), please let this serve as formal notice that my daughter, (name protected) will abstain from taking any and all STAAR tests this year.
Please know that I have not made my decision lightly. In fact, it has caused me a great deal of turmoil. However, I must do what I feel is best for my daughter and since GPISD is funded by the State of Texas and must follow their rules, I’m taking that power away and making the decision myself. My daughter’s self-worth cannot be measured by a test score or monetary value. I only hope that one day, the State of Texas and GPISD will feel the same way and allow the school administrators and educators to do their jobs and provide our children the true education that they so richly deserve.
Please advise me in advance of what instruction will be provided for her on testing days and feel free to contact me with any questions or concerns.
Respectfully,
[Mom]

TPERN Requests TEA Clarify Pearson Monitoring of Students’ Social Media

Written by admin on March 18, 2015. Posted in STAAR | EOC Testing, Testing Irregularity. Leave a Comment

Amidst numerous reports of Pearson Education monitoring the internet and social media postings of students taking assessments in the northeastern United States, TPERN has requested that Commissioner Williams disclose to Texas parents the extent to which Pearson is contracted to monitor the social media postings of Texas students. A copy of our letter is below:

March 18, 2015

Dear Commissioner Williams:

Recent news items from New Jersey and Maryland have confirmed that Pearson Education engages in active monitoring of social media accounts of students who take Pearson created standardized assessments.(Link). Pearson Education proudly asserts the importance of its review of the social media posts of minors in the name of test security and protection of intellectual property rights. (Link). At the same time, however, it appears to have prevailed upon its software vendor to remove any reference to their work together from the vendor’s website. (Link). This dissonance between its public stance and private actions is concerning. It is unclear to what extent Pearson engages in social media monitoring of children in Texas. However, from its public statements in regard to New Jersey and Maryland, there seems to be little doubt that Pearson does or intends to monitor Texas students online social media postings.

In that regard, the Texas Parents’ Educational Rights Network respectfully requests that the Commissioner or his designee answer the following questions for Texas parents:

(1) To what extent does Pearson Education monitor the social media postings of Texas students? Is social media monitoring a part of the Pearson contract? If so, how much do Texas taxpayers pay Pearson to review the internet postings of Texas students?

(2) What restrictions are placed on Pearson Education’s use of data derived from social media monitoring of Texas students, both as to data that may trigger further action in the name of test security, but also data that does not raise any alerts, but is nonetheless captured and reviewed by Pearson? In what document may those restrictions, if any, be found?

(3) What notice, if any, is provided to Texas parents and students that their social media postings may be monitored by Pearson or the TEA? In what documents may any such notices be found?

(4) What safeguards does Pearson Education have in place to assure that its staff that reviews social media postings of minors does not misuse this information for private and/or improper purposes? There is no doubt that contact via social media is a primary grooming tool for child predators. How does Pearson screen its employees to assure that those employees permitted to review the social media posting of children are not risks to child safety? Does Pearson’s monitoring software separate content from identity, such that no one person can obtain information that might enable this information to be used privately for threatening or grooming purposes? What written policies does Pearson have in place regarding private usage of this information by its employees and how are those policies enforced?

It is a sad truth of our modern age that technology has enabled child predators to approach and groom victims in relative anonymity. It is a further truth that predators gravitate to work which enables them contact with potential victims. Any business which engages in the monitoring of social media of minors must be aware of these risks and proactively address them. Texas parents deserve to know what steps Pearson has taken to assure the safety of Texas students whose internet activity is being actively monitored.

With the first STAAR administrations of 2015 forthcoming, your timely response to this inquiry would be appreciated.

Sincerely,

R. Scott Placek
Chairman
Texas Parents’ Educational Rights Network

Of particular interest to TPERN is what safeguards are in place to assure that no Pearson employee misuses the data obtained to solicit or otherwise approach a minor student. This risk is inherent in any position that provides regular access to children or their personal information. Discussion of child protection has been sadly missing from the debate of Pearson’s monitoring of minors on social media. We will update you with any response received.

Stop Waiting for Permission; Make Your Own Decisions

Written by admin on March 10, 2015. Posted in STAAR | EOC Testing. 10 Comments

If you are asking about Opting Out, as a parent you have already reached certain conclusions. Maybe you believe the STAAR has had a negative effect on curriculum and you can’t support it. Maybe you find it developmentally inappropriate. Maybe you have seen the physical and emotional toll it takes on kids and don’t want to subject your child to that. Maybe you just don’t like outsourcing the assessment of Texas school kids to a foreign corporation. Whatever the reason, if you are asking about Opting Out, you’ve either reached those conclusions, or you are concerned enough about some issue to want to take action. So what are you waiting for?

If you are waiting on permission from your school before deciding to Opt Out of the STAAR test, let me save you some time. You won’t get it. The TEA has given districts their marching orders. They are to tell all parents that it is not permitted, ever, under any circumstances. Nevermind the hundreds or thousands of parents who opted out last year. Never mind all the voices who post on this forum and will tell you they Opted Out with no consequences. Nevermind the TEA telling them they can accept refusals. If you want your school’s permission, you don’t really want to Opt Out. What you want is to be excused. You want the school to do your job for you. They are usually all too happy to parent your child for you. That is, as long as it fits their rules. Since Opting Out doesn’t fit their rules, they won’t handle that part of it for you. You have to do the hard work.

2024 Update: The TEA has told schools they can accept parental refusals and not put the assessment in front of the student. THE DECISION TO OPPOSE YOU IS A LOCAL DECISION

What’s the hard work? The hard work is being a parent. The hard work is giving the school more respect than they give you and letting them know your decision. The hard work is listening to them lie and say that parents can’t opt their child out. The hard work is politely telling them that you weren’t asking their permission but have already decided. The hard work is letting them know that you understand the state ties their hands – that you don’t hold that against them and that you are sure they don’t hold your decision against you. The hard work is figuring out whether to refuse by staying home or by telling your child just not to fill out the test forms. The hard work being an advocate for your child if the school is upset by your decision.

The hard work is informing yourself and not taking any threats at face value. If they tell you your child will be retained, ask them why the TEA has published a website saying STAAR isn’t a promotion requirement anymore.. If they tell you that your child has to be tested on a makeup day, tell them you know it’s a district option and that you want your child in class even if it means they “grade” the refused assessment. If they tell you the state requires them to put the assessment in front you the student if they are at school, tell them the TEA says that isn’t true and SHOW THEM the truth. If they tell you that you have to withdraw your child to avoid STAAR, tell them you know that’s not true. They can’t show you a law or regulation that says so.

We’ve EXPLAINED to you that they aren’t going to agree. We’ve SHOWN you what you need to do when they don’t. So when they write back and say you can’t opt out, put on your adult pants and ACT. You know that parents have been opting out for a decade without the state patting them on the head and saying it is OK. Either you want to opt out or you want permission. Which is it?

We are here to support you. We’ll fight for you if you want. But what we can’t do is give you the backbone to do what you already know is right. Only you can do that hard work. You’ll have amazing support and cheering crowds. Your kids will have what they deserve. But not if you wait for permission. You don’t ask the school for permission on any of your other child rearing decisions. Why do you want it now?

Updated: April 12, 2024

OPTING OUT – Step by Step

Written by admin on March 4, 2015. Posted in Homeschooling, STAAR | EOC Testing. 249 Comments

How to Opt Out/Decline/Refuse STAAR

January 2024 Update: This article has been updated to reflect the practice of the TEA which permits schools to accept parental refusals without placing the assessment in front of the student.

In response to a lot of “how do I do this” questions, we’ve put together this step by step guide on opting out. This is a general guide of the various steps and forms a parent can follow to Opt Out of the STAAR assessment. If you are looking for an easy, non-confrontational approach, we can’t offer you that. Schools have been instructed to state that they can’t permit it. Some schools go further and falsely claim that state or federal law requires all students to take the STAAR assessments. Others even make implicit or overt threats to parents.

So while all of our forms and letters are polite and civil, there is no guarantee that your school district will work with you. Fortunately, the past few years have brought more cooperation and the chances for a better outcome are greater than ever. But if you are met with resistance, you still hold the power. As Peggy Robertson of United Opt Out said, opting out is, at its heart, an act of civil disobedience. So join the hundreds and thousands of parents locally, statewide and nationally who are standing up and speaking out against the standardization of our children’s education.

STEP ONE:

Inform the school that you intend to opt out of the assessment. You are not asking them to let you. You are telling them your decision. You can use the Master Opt Out letter, and customize it to your needs.

A lot of parents have asked whether you must tell the school. If you simply intend to refuse the assessment, you do not. However, if you want to preserve the argument that Texas law permits you to Opt Out, you must give notice as described in the Opt Out letters. We also encourage notice so that the school understands that the assessment system is being protested by the parents.

STEP TWO:

It is extremely unlikely you will receive a response from the school indicating that your child will not be administered the STAAR. You will almost certainly receive a response from the school telling you they can’t permit it. At that time you can send either the response letter (if they are citing legalities) or a follow up refusal letter (if they simply say they can’t allow it). In that case, go to STEP THREE.

Some schools have taken to simply acknowledging the letter which leaves the parent in a bit of limbo. They acknowledge they received the letter but they don’t tell you what they are going to do. We take this as an opportunity to explore the refusal option. If you get one of these non-committal acknowledgements, we recommend you send a facilitated refusal request (form forthcoming).

If the facilitated refusal request is agreed to, you simply need to follow up and iron out the details (will you stay home on the main administration day, if not where will she go, do they need you or her to sign anything, etc). You may get emailed with the list of “consequences” for refusing. Now is not the time to engage that list. Now is the time to get a refusal set up. You can simply acknowledge that you understand what they have communicated to you. If your request for a facilitated refusal is granted, continue to STEP FIVE. Otherwise go to STEP THREE.

STEP THREE:

At this point, unless the school relents, you will need to make a decision. The choices of the parent here are multiple:

(A) Keep your child home on STAAR days. If you choose (A), you must be aware of not only the primary test days, but the full testing window. Schools may assess students after the main STAAR administration day as long as it is within the window. Testing windows may be found here. (2023-2024 Calendar, as TEA appears to have made its calendar page private!!) Now a school is not REQUIRED to use the full testing window, but they can. Unless you learn that they school has completed all assessments and returned the testing materials to the state, then you should assume the entire window might be used. NOTE: the assessment windows are very long now, and it may be difficult to completely stay out of all assessment days.

(B) Send them for the assessment and instruct them to page to the end without answering any questions, submit it and confirm their submission. This is a far easier option than refusing a paper administration ever was. This is because the assessment can be submitted blank without ever interacting with the proctor. Although some schools are adding steps of telling students to raise their hands before submitting, that is not a requirement. Instruct your student to just submit it when they get to the end, being careful not to answer any questions along the way. If you choose (B) be aware the some schools have told children during testing that their parents just called and said it was OK to take the assessment. Should you go this route, create a password that the child must hear before they take the assessment. If the teacher can’t repeat it, the child doesn’t take the assessment. Refusing in this manner can be done without any notice to the school at all, although we strongly urge parents to make a written record of their protest.

(C) Keep your kid home the main day of STAAR and then return and refuse the assessment on the makeup day. Some school districts have permitted children to return to class on makeup days without being assessed. They have required that the child and parent come together to the office before school and write “refused” on the assessment (or sign some other indicator). This is a common sense approach to a refusal to test. It keeps the child in class, minimizes absences and meets their requirements. You can request Return to Class on Makeup Days using this letter.

(D) Advocate for the school to accept your refusal. This option has become available to parents over the last few years since the TEA has made clear that schools may accept a parental refusal. Before this, the position of the school was always that “if the student is on campus, we are required to put the assessment in front of them.” This led to numerous situations where devious test administrators lied to students, cajoled them to disobey their parents or otherwise pressured students who had been told to refuse to participate instead. The TEA has made clear that this is not required and that the school may accept the parental refusal and simply submit the assessment for scoring as if the student refused in person. Review this article on the parental refusal.

I want to be super clear – no matter what approach you take, you must prepare for the possibility that the school will try to pull your child for assessment. No matter what they have said or how much you trust them — BE PREPARED. Let your child know not to take it. Tell the kid to call you if they pull him for STAAR. Walk in with them. Set up a password system. Have them trained to tab through if they get stuck in an assessment room! It’s sad but every year parents send their kids back to school thinking their opt out will be honored, and the school pulls the kid who is unprepared and caves in and takes the assessment. That’s on us as parents. BE PREPARED! Hope for the best; prepare for the worst. Be one of the many success stories, not the surprise and disappointed victim of school bullying.

STEP FOUR:

This step used to talk about how 5th and 8th grade parents had to fight threats of retention. Great news! Promotion is not dependent on STAAR results in ANY GRADE! There is a recent change in the law which requires schools to provide 30 15 hours of tutoring (in a 4:1 ~~3:1~~ ratio) for each reading or math STAAR not passed. ~~(HB 4545~~ HB 1416). Parents can opt out of this (see letter) and schools are not permitted to remove a child from foundation or enrichment curriculum to tutor them (i.e. no loss of electives!). Review school forms and enrollment documents carefully. NEVER waive the 4:1 tutoring ratio unless it is part of an agreement that you are satisfied with to minimize or eliminate tutoring. Never sign it as part of general enrollment documents.

STEP FIVE:

If your child either refuses to complete the assessment on an administration day or if they refuse on a makeup day, you may use the FERPA corrective letter to ask to have the scored assessment removed from your child’s educational records at both the state and local level. The TEA will still score the assessment, and your request will almost certainly be denied, but you can demand your letter be included in his academic file. THIS SHOULD ONLY BE DONE AFTER YOU RECEIVE SCORE REPORTS.

STEP SIX:

Report back! We want to hear about any districts that act in a bad manner towards opt out parents. We also want to hear any stories of schools that are understanding and work with you! Use our contact form to let us know how it goes!

A NOTE ON TRUANCY:

Some districts threaten truancy charges or send notices about truancy to parents who keep their kids out for all or a large part of the assessment window. But we see this less and less since truancy laws have been modified (see 2017/2016 notes below), and because most parents use some type of agreed or in person refusal to get back to class. However, if you are missing days to opt out and receive a threat, you should not ignore this.

Rather, inform the school that you have engaged in a home school program on the dates of absence. Let them know that your program included reading, writing, social studies, science and citizenship. Once you have done that, you will have laid the foundation for a defense of truancy charges. It is likely that the school district will not proceed further at that point. For more information on Dual Enrollment Home Schooling, read this.

Update for 2017: The following addition from 2016 holds true. We have had no reports of any truancy related charges from opt out parents in 2016. >>> Update for 2016: Truancy laws have changed. The threat is no longer as great as it once was, although it has not entirely disappeared. In particular, the three day in four week provision, which was used to intimidate parents who held their kids out for a full testing window, has been removed! This is great news. An unvetted comparison of the old law and the new law is here.

Updated 1/22/24

Ten Texas Opt Out Myths, and the Real Story Behind Them

Written by admin on February 24, 2015. Posted in STAAR | EOC Testing. 2 Comments

Updated January 19, 2021

STAAR season is upon us. And with it comes the annual posting of opinions, “law” and procedures that people have been told are true or represent a sure path to successful refusal of the assessment. In this post, we discuss seven common myths that represent things that schools say, that parents say or that simply float around as truisms, when they are not!

Myth #1. If you opt out, your child cannot be promoted.

Other than for grades 5 and 8, promotion is not tied to performance on the STAAR assessment. While some local school boards may have a different policy, most follow the state law and only require STAAR passage for promotion in Grades 5 and 8. Check your ISD board policy EIE (Local) for your specific rules. By the way, even for Grades 5 and 8, the statute provides a pathway to promotion for students who fail or refuse to take the STAAR assessment.

Myth #2. A school cannot retain a child unless the parent agrees.

Each school district can set its standard for promotion and retention. They do not need your permission to retain your student. For students who did not pass STAAR or who opted out in Grades 5 and 8, the decision to promote the student must be unanimous from the Grade Placement Committee (which includes you as a parent). The decision to retain does not have to be unanimous.

Myth #3. Students are required by law to take the STAAR test.

Schools are required by law to assess students. An administrative regulation suggests that the students must be assessed. The statute places no obligation on a student or parent to take the assessment and provides no mechanism to compel participation.

Myth #4. A student who fails the STAAR or opts out must go to summer school.

Schools are required to offer students who do not perform satisfactorily on the STAAR what is called “accelerated instruction.” There is no specific definition of what constitutes AI or when it must take place. There is absolutely no rule that requires it to occur during the summer or on the school’s campus. A school has a high degree of flexibility to design an AI plan appropriate for each student, and parents have successfully refused on campus summer instruction or designed their own AI programs with no negative consequences.

Myth #5. There is a difference between Opting Out and Refusing the Assessment

This myth is based on the idea that our legal system operates using magic words. It doesn’t. Whether you are informing the school that you intend to Opt Out or Refuse, you are conveying the same message: that you will not permit your child to be assessed. The key here is to be clear with the school that you are not asking permission; you are simply informing them of your decision.

Myth #6. The Supreme Court has decided that parents have the right to refuse assessments for their kids.

There is absolutely no case law on this point at the Supreme Court level. People who perpetuate this myth take decisions that looked at the right to private education, or did not even deal with schooling, and try to stretch the language to fit standardized testing. The reality is that the overwhelming majority of cases involving curricular issues are decided against parents who are trying to exempt their child from curricular choices made by the school. However, we have never found a case where the court has said that a school may compel participation against a parent’s decision, even where the parent accepts the consequences of non-participation. We believe this is a fundamentally different question than those cases that seek exemption without consequence.

Myth #7. If you Opt Out, you must keep your child home the full week due to make up dates.

This may be a myth or it may be true. Some schools have used common sense and permitted students to return to class on make up days without completing the assessment. Those schools usually require the student to write refused on the assessment booklet. So this is something a parent can negotiate with a school. If you go this route, arrange it beforehand and be present for the refusal. Make sure your child knows that they should not take the assessment without hearing from you directly. You may want to have a “password” that the child must hear before they agree to take the assessment. Another option if schools refuse to permit a return to class is to keep your child home in the morning until it is too late in the day to start the STAAR. The STAAR cannot be administered unless time for the full testing window remains in the school day.

Myth #8. A school can’t retain a student with all passing grades just for failing STAAR.

Sadly in 5th and 8th grade this is not true. In all other grades, including high school, grade level promotion is not based on passing STAAR. However, in 5th or 8th grade, it is absolutely possible for a student to pass all classes, fail STAAR, and be retained. This is part of what makes high stakes assessment so abhorrent. Now, the reality is that almost no kids who are passing their classes are retained for failing STAAR, but it is irresponsible to suggest somehow that it can’t happen. It also makes STAAR look less punitive than it is, and that minimizes the incentive of people to work to change the testing regime.

Myth #9. They can’t keep you from graduating if you are passing all your classes

Again, not true. The law requires a student to pass all five EOC assessments to be assured of graduation. If a student passes 3 out of 5, they may be approved for graduation by the Individual Graduation Committee. However, this is not automatic. Even if the student gets to an IGC, the IGC can still deny graduation to a student, even a student with passing grades in all classes. The IGC is not bound to graduate anyone, and each year students with passing grades still do not graduate at the IGC level. It’s not common, but it happens. And if the student has not passed three assessments, they never get to the IGC. (Different rules apply for Special Ed students, and the assessment count may vary for students transferring into Texas from another state or from a private school). High school parents should review our article What About High School? for more information on opt out and the high school student.

Myth #10. There really is no option to Opt Out of STAAR

Just shut up. Thousands of parents opt out their kids out of STAAR every year. The schools do not have to agree with it, they do not have to (and likely will not) give permission and they do not have to make it easy (though any true professional would). There is absolutely no means created by statute for the school to compel the attendance and participation of any student in STAAR assessments. Arguably, a statutory right to opt our exists, but even if it doesn’t, this is still a parental decision that the school has no means to override. Schools don’t get to decide what is OPTING OUT and what is not. This type a language is an attempt to control the narrative and intimidate parents. As parents we need to stop enabling this kind of nonsense talk. You can keep your kid home, or send them and have them not answer a single question. Done, you have OPTED to take your kid OUT of the data driven assessment game. You win. Just don’t tolerate this idiotic language game for a minute.

Dear Schools: Stop Lying about Math STAAR

Written by admin on February 7, 2015. Posted in STAAR | EOC Testing. Leave a Comment

Note: the article refers to a single year suspension of Math SSI requirements. It is left up here as additional examples of schools lying about STAAR. However, the issue discussed in this article is not applicable to any other year. That discussion is obsolete.

Tonight, I again received a question from a parent whose 8th grade child had been told by a teacher that they would fail 8th grade if they did not pass the Math STAAR test. This is about the fifth report of this that I have heard this year.

To recap, the State of Texas implemented new Math TEKS this year. This resulted in pushing down math instruction sometimes by as much as two grade levels. Thankfully, the Texas Education Agency did the right thing and suspended the requirement that 5th and 8th graders pass the STAAR covering all this new material in order to qualify for promotion to the next grade. In other words, Math STAAR doesn’t matter for promotion this year.

Still, teachers and principals are telling students they will be retained if they don’t pass. This is untrue. It is clearly designed to scare kids and parents into taking and performing well on the STAAR math assessment. The belief underlying this approach is that without a punishment, students cannot learn. This is a very primitive and disturbing educational philosophy and seems to totally ignore the physical and psychological manifestations that STAAR stress has put on our kids.

It’s time to stop the lying and the pressure and get back to learning for the sake of learning. If your child’s school is threatening retention based on STAAR math results this year, please report it to TPERN using our Incident Report form.

TPERN Opposes Proposed STAAR Percentile Rule

Written by admin on January 8, 2015. Posted in English Language Learners | ELL, Section 504 | Special Education, STAAR | EOC Testing. Leave a Comment

On December 19, 2014, the TEA published a proposed amendment to 19 TAC §101.3041, dealing with STAAR performance standards. This proposed rule ostensibly provides for the publication of percentile ranks on the STAAR, theoretically making comparison between test takers easier. (TPERN believes that the purpose of an academic readiness assessment is to determine readiness of the individual student, not to provide for comparisons to other students). However, the rule is confusing and raises the possibility that the published information could be misused by school districts in making promotion and retention decisions. Moreover, the TEA found it necessary to publish a proposed formula for converting all STAAR scores to a 1-100 scale. While the current formula is simply a restatement of what a percentile is, the inclusion of the formula leaves the conversion method open to amendment. The formula could later be altered to create a “grade” that is percentile based, but not the actual percentile rank. We think this is an improper use of an assessment instrument, and the rule should prohibit local districts from using the 1 – 100 percentile based score as a part of grades or promotion or retention decisions. For that reason, TPERN has submitted a public comment in opposition to the rule urging various revisions before the rule is adopted.

Public comment on this proposed rule is open until January 20, 2015. Comments may be mailed to rules@tea.state.tx.us

To view the TPERN submitted comment, click Read More

Midland ISD Threatens to Retain Students for Opt Out

Written by admin on November 6, 2014. Posted in STAAR | EOC Testing. 1 Comment

We have received two reports of parents in the Midland ISD being threatened with retention of their child if they follow through on their opt out plans. These students are not in 5th or 8th grade. As a result, state law does not require passage of the STAAR for promotion to the next grade level. In fact, after receiving these reports TPERN investigated the local board policies for Midland ISD. Midland ISD policy EIE (Local) is clear:

In grades 1–8, promotion to the next grade level shall be based on an overall average of 70 on a scale of 100 based on course-level, grade-level standards (essential knowledge and skills) for English/language arts, mathematics, science, and social studies.

In other words, if you pass your core classes, you get promoted. Period. Other parts of the policy make it clear that Grade Level Advancement contingent on STAAR passage applies only to 5th and 8th grade students. So why the threats? First, some administrators believe parents are too stupid or too passive to push back against a threat to their child, even when that threat would require the school to ignore its own policies. Second, the TEA and school district attorneys are warning districts that 2015 could see massive increases in Opt Out numbers. Rather than address the underlying issue, or seek reconciliation with district parents and taxpayers, the path of confrontation, threats and intimidation is being recommended to school districts. Clearly, school district lawyers will benefit from this by generating more work and legal fees. The reason for their recommendation is bathed in self-interest. It is less clear why a school district led by elected trustees would feel fighting and threatening your constituents — to the extent of stating that the district will ignore its own policies — is good stewardship.

Parents looking to opt out of STAAR assessment should be prepared to critically examine every reason, excuse or threat given by the school district. In particular please report any threats to retain students using our Incident Report form. In many cases, the schools simply parrot the self-interested advice given to them by the TEA or their attorneys. As seen by the Midland ISD example, these threats are often false and hollow. What a sad state of affairs that lying and threatening parents and kids for data collection is seen as acceptable behavior. But what a powerful testimony to the real strength of the opt out movement. Stand your ground. Change is coming!