Unlock with PatreonHB 1416 Opt Out for Accelerated Instruction
Check out our new article on the super simple opt out process for accelerated instruction!
HB 1416 Opt Out of AI
Well toss the old HB 4545 letters away! As we have been discussing, the Texas legislature did a big revamp on HB 4545 accelerated instruction with the HB 1416 amendments. The most important change was to grant a broader and more explicit opt out right to parents. After HB 4545, the TEA recognized an opt out right for accelerated instruction. That right required that a parent have a moral or religious objection to the instruction.
However, because some local districts are sold out to STAAR, there were districts that refused to follow the TEA guidance and attempted to deny parental opt out notices. In HB 1416, the legislature put an end to that. They created an opt out right for any parent whose student was scored but did not approach the grade level standards. That parent can remove their child from AI on written notice. Period.
In fact it is so simple, we don’t even have a form letter for it. I recommend two sentences:
Pursuant to 28.0211 (a-9) I elect to remove my child from the accelerated instruction required by 28.0211 (a-1)(2). Please confirm that he/she has been removed from all accelerated instruction.
That is all the statute requires and a school has no discretion to deny it. I will note, that due to some confusing wording, the TEA guidance says that if a student was not scored due to absence or testing irregularity, they must first take a BOY screener before opting out under HB 1416.
Also, note that HB 1416 did not alter the prohibition on removing kids from electives to deliver AI. Schools still are barred from doing that.
A note on strategy:
Sometimes it makes sense to delay giving your opt out notice. This year we have had a few schools deliver their AI in full class settings. If a parent opts out, they will say “Oh, no this isn’t an AI class, it’s just for helping students get to grade level on the TEKs. It has nothing to do with AI or STAAR. Which of course is a lie. The same can be true of schools that offer it in “WIN” time or homeroom or whatever special name they have. If you have heard that your school uses full period AI or resource period AI, I suggest not sending your opt out notice until they try to put the kid in a full period prep class. THEN, you ask, in writing, “so will his time in this class cover his AI hours?” which they will almost certainly immediately confirm as true. Once you have that confirmation in writing, THEN you give the opt out notice. Patience can be your friend here.
Also, note that until your assessment is scored, you are not under any obligation to do AI. Opting out before scores come back is premature.
Telling the Truth – Kudos to Lamar CISD!
During this time of the year, we hear so many terrible stories of teachers and administrators lying to parents and harassing them and sometimes their kids over their opt out decisions. It’s the worst at the high school level, where the “you can’t graduate without STAAR” lie is yielded like a hammer. (Read here to see all the ways to graduate without passing five STAAR EOCs). So when we see an administrator tell the truth about graduation — and even offer to sit down with the parent and check where the kid is on an alternative approach — they deserve our appreciation and huge credit.
TPERN gives a huge tip of the cap to Brian Roberson, principal of Terry High School in Lamar CISD, for one of the best written responses to an opt out that we have seen. Mr. Roberson laid out all the options, fairly, non-judgmentally, and accurately for the parent. There was no shaming, no threatening and no lying. He even cribbed some of the response from Houston CVPE, a parent advocacy group that we’ve helped with research on graduation options.
Today’s Parent’s Rights Hero is Principal Brian Roberson. He showed that schools can communicate accurate information to parents and treat them like true partners in their children’s education. His letter is below:
From: Brian K. Roberson
To
Cc: Tracie D. Pryor; Trameasha A. Strickland
Sent: Thursday, April 20, 2023 at 10:02:30 AM CDT
Subject: Re: opt out letter
Good Morning,
I want to acknowledge the receipt of your STAAR Opt-Out Letter for student, ______________.
Additionally, I wanted to advise of the following:
To graduate high school in Texas, a student must pass five STAAR end-of-course (EOC) assessments (Algebra I, Biology, English I, English II, and US History) or use a combination of several exceptions. These include a sufficient score on a substitute assessment; Spring 2020 COVID waiver, Special Education ARD, or IGC for up to two STAAR assessments.
Below are more details about high school STAAR EOC exemptions/waivers:
- INDIVIDUAL GRADUATION COMMITTEE (IGC) The individual graduation committee (IGC) process allows a student to complete an IGC packet/project instead of STAAR to substitute for two of the five STAAR high school exams. In order to qualify for IGC, you must have failed/attempted STAAR.
- SUBSTITUTE ASSESSMENT WAIVER: TEA allows students to use a substitute assessment (chart here) instead of taking the STAAR (link here.) You will need to provide your school counselor with a copy of your score.
- PSAT, SAT, ACT, AP: Students may use the SAT, PSAT, ACT, or AP substitute assessment to replace the STAAR test to meet graduation requirements and do NOT have to have taken the STAAR to qualify for using it. Schools may pressure you to take the STAAR EOC because the student will not be listed on the federal participation rate (ESSA) if they do not take the STAAR. This does NOT impact state accountability A-F ratings because the “federal participation rate is not prescribed as an element of a state’s accountability system.” TEA, however, has decided to mark students who refuse the STAAR and never actually take it with a zero score.
- TSI: The Texas Education Agency allows students enrolled in college preparatory courses to use TSI as a substitute for STAAR Algebra I, English I and English II without ever having to take the STAAR. Otherwise, state law allows a student to use TSI as a substitute assessment for STAAR Algebra I, English I and English II as long as the student has taken/failed STAAR at least twice.
- COVID SPRING 2020 WAIVERS: High school students who took and earned course credit for a course with a corresponding STAAR EOC assessment in spring or summer 2020 have the exam requirement waived. (TEA Documentation LINK HERE) Students will not be responsible for taking that associated STAAR exam as a graduation requirement as long as they earned course credit.
Example: If a student in 9th grade in spring/summer 2020 passed Algebra I, Biology and English I, they received a waiver for the STAAR in the corresponding courses and are only obligated to only pass English II and US History in order to graduate.
- Out of state or out of country Course: If the student completed the B part of Algebra I, English I, Biology, English II or US History in another state or country, they will be exempt from taking and passing the STAAR in that subject.
- SPECIAL EDUCATION Students must attempt or fail STAAR once in order to be able to graduate regardless of whether they passed the STAAR or not. Special Education students who qualify for STAAR Alt 2 ( generally students in an SLL or SLC class) can be exempt from STAAR by the ARD committee.
- Graduating seniors: If a graduating senior has two or less STAAR exams that they have not passed, they can use IGC instead of taking the STAAR. If a graduating senior has three or more STAAR exams they have not passed, they will need to pass one of the remaining STAAR exams in order to graduate in June.
Please take schedule a moment to meet with me to ensure you are aware of the students graduation requirements.
With Gratitude,
SUCCESS! Twin success in Splendora!
by JPS
🥳 Second year of opting out, first year for a flawless process!! Splendora ISD.
No pushback, a simple call from the principal stating the twins will be offered STAAR but understand they will decline. Assessment will be submitted as S for score, and that is that! Picked my boys up at 9:30 this morning after they were counted present for the day. Quick backstory, one of my boys (pictured left) has an IEP and severely dyslexic along with a few other challenges. My other son is a straight A student (picturesd right). If it wasn’t for my sons disability, I would have never known just how unreasonable STAAR is. Children are not one sized fits all! Keep fighting parents 💪
Next stop, declining HB4545 once offered! 💫
FERPA Corrective Letter
One week preview for our wonderful Patreon supporters!
This letter replaces the Do Not Score Letter. The TEA for many years has required the S code to be used with refused assessments. This letter asks them to remove the scores generated by the blank assessment document and replace it with a notification of non-participation. When they refuse, the letter provides them a parental statement which FERPA requires them to place in the student records.
Tips for Use of This Form:
1. It must be sent to both the TEA and the local school.
2. It should not be sent until you receive a score report. DO NOT SEND THIS WITH YOUR OPT OUT LETTER. Until you have scores, there is nothing to correct.
3. A separate letter should be send for each assessment.
4. You can go back and use this for previous assessments.
Please do not share the direct download link!
SUCCESS! School acknowledges opt out for STAAR and AI!
From DS
SUCCESS!!! After being told my son HAS to take the 4th grade STAAR, and going thru step 1 & 2 of your process, the principal just called me and stated that that she is required to offer the opportunity to take the STAAR. But if my son chooses to not even open, the computer, that is OK. His assessment will be submitted with a “S” and he will be added to a list for HB4545. They will call me in June to offer the additional instruction, and at that time I can opt him out of that as well. Yaaaaay!! Thank You! Please feel free to add this to one of your success stories on your webpage We are in an elementary school in Magnolia ISD.
SUCCESS! Unreasonable District Suddenly Gets Reasonable!
Sorry for the length! You asked for responses and details…
We live in Northwest ISD. We have kids at PVE and CTMS. We’ve lived in the district 7 years, but homeschool off and on as we see fit. All the while following the Texans Take Actions Against STAAR facebook page and preparing ourselves. This is our first year having to deal with STAAR “opt out”… We had very high hopes of easy cooperation from the schools, but that was not the case. After sending our tailored opt-out letters from TXEdRights.net to each of our kids’ teachers/principals, we were replied to by the assistant principals from each school with their own form letter provided by the district. We replied with the Step 2: response letter from TXEdRights.net along with some of our own choice words. At this point, PVE quit responding, but not CTMS. The AP replied back, doubling down on their stance and “explained the consequences for students who refuse to take the required exams.” ending with “I have shared these requirements with you so you can make an informed decision for your family. I hope you will reconsider your position and allow your children an opportunity to take the required exams.” We REALLY didn’t appreciate the implication that we are uninformed or attempts at intimidation with threats of consequences. You can see our reply in the screenshot below:
She replied back again saying “I have heard your concerns.” and the school district has no choice and laying out again the consequences we will face if we follow through.
It was getting very annoying feeling like we were dealing with a brick wall who could do nothing but repeat back the same talking points and not process new information given to them, but we tried again. We attached the Julie Cole emails and pointed out that she clarified students are not even required to be presented the assessment. We ended with: “We see 3 viable options proceeding forward:
It was getting very annoying feeling like we were dealing with a brick wall who could do nothing but repeat back the same talking points and not process new information given to them, but we tried again. We attached the Julie Cole emails and pointed out that she clarified students are not even required to be presented the assessment. We ended with: “We see 3 viable options proceeding forward: 1. You honor our parental rights and concede our children will not be presented with the STAAR.
2. Our children are absent on the initial administration day. You refuse to acknowledge our rights and try to present it to them upon their return. They will tab through to the end, submit a blank assessment, and return to class to continue learning.
3. We pull our children from school altogether and continue homeschooling, as we have for the majority of their schooling careers, and you miss out on that funding that is tied to them.
Under no option, will our children answer a single STAAR question or be subjected to a single hour of Accelerated Instruction, (but that is a disagreement we will settle when the time comes to not convolute the matter at hand).”
At this point she quit replying to us. Finally, weeks later my husband approached the head principal at Open House night and was told to take it up with a contact at the district. He emailed us her information. So we emailed her CC-ing each school’s principal & assistant principal. By this point our patience was very thin and we weren’t up for starting another pointless back and forth so we went all in upfront.
We gave her our background and followed with: “We cannot overstate how disappointed we have been since we notified both of the schools our children attend that they will not be taking the STAAR and the response we have gotten from each: identical responses that are obviously coming from someone other than the individual principals we are dealing with.
I know you don’t know our children so I’ll share a little about them. Two are in GT/GATES. The other is not, not because she doesn’t qualify, but she has always refused assessment. She’s just not interested in that particular pursuit. They all perform extremely well on the MAP assessment and it even predicts they will score “Masters” on the STAAR. Sadly, we know this only further incentivizes your stance as you see that purely as a bolster to the district’s performance level/grade. Our disagreement with the STAAR is multifaceted and not JUST about our children personally, but also about the overall injustice of the entire state assessment system.
We have been encouraged in the past when the district itself spoke out against the STAAR accountability system on the Facebook page and pointed out our kids’ are more than just one score. Again, how disappointed we’ve been to find you’ve decided to cave and just fall in line. We know the law/TEA has stated “you cannot opt out of a test”. We also know the STAAR is NOT a test. It is an assessment. We know schools are required to give each student an opportunity to take it. We are not “opting out”. We are informing you of our intent to refuse. We also know Julie Cole (from the TEA) has clarified and given instructions on how to handle such circumstances and sadly that has not been the case of our interactions with the schools. Attached we will include the emails from Julie Cole, just in case that is news to you, and also a form from another ISD that is a MUCH better way to handle this situation than what we’ve been met with.
We, as a society, are always encouraging and teaching the generations, starting with the books for small children saying: “Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.” and “Bad men need nothing more to compass their ends, than that good men should look on and do nothing.” We intend to do more than just repeat these quotes, but show our children by example that change takes action, even if it’s uncomfortable. We realize the system is set up against not only the kids, but the teachers and districts as well. We are not trying to fight you, but rather fight for you. It was very discouraging, but not defeating, to be met with the response we’ve gotten. Maybe you were unaware of Julie Cole’s instructions. Maybe you didn’t know you could create a form to facilitate parents with our beliefs. Now you do. In the words of Maya Angelou, “When you know better, you do better.” We look forward to being worked with on this matter going forward, instead of being fed misinformation, attempts at intimidation, and being dictated to.
We are also aware that HB4545 requires the schools to offer 30 hours of AI to students who do not score well enough on STAAR. We are also aware of our rights on this and seeing as our children are in no way underperforming in their classes and will never take STAAR, they will be in no need of AI and we will be refusing that as well. We would appreciate your immediate cooperation on this without a back and forth fight. This is the hill we have come to die on.”
She replied: “Thank you for reaching out to us and advocating for your children. We at Northwest ISD must follow the state and federal laws and policies regarding testing and assessment. If your children attend school on a testing day, they will be in a classroom with other students that are testing on that day. The teacher will read the directions to the class. If your children do not take the test, the teacher will verify with your child that they are not taking the test. We will submit the blank test as “S” for scorable, as Ms. Cole explained in the emails. Your children can quietly read a book for the remainder of the testing period.”
FINALLY a little respect and reason. We followed up “Thank you for your prompt response. Should our children attend on the administration days that will be an acceptable handling of the situation. Most likely we will keep them home as we feel they can have a more educationally enriched day outside of the assessment environment rather than being forced to sit in silence for hours. When they return to school the following day, we see no reason for them to even be presented the assessment at that point. As Julie Cole states, that is unnecessary. We expect our numerous emails on the topic sufficient for the local documentation required, and they will be allowed to go directly to class and not be pulled from instruction. Can we get confirmation this will be the case? Again, thank you so much for your help in this matter.”
Getting her reply: “On a make-up day, the CTCs will verify with your children that they are not testing. The blank test will be submitted with an “S” score for scorable. Your student will then go to class. The entire process will take under 5 minutes.” We verified this with each campus.
We tried to continue the fight and ensure a better response for us and others in the future, but the district representative did not reply to our email regarding that. For now we are taking our win and so grateful for all the help of Scott and everyone else behind the scenes at TXEDRIGHTS and Texans Take Action Against STAAR!
Eric & Sarah J
