Carroll ISD Formally Recognizes Parental Refusal Rights

This is a big one folks!  To be clear: it doesn’t change the law or  TEA positions.  This is simply an almost word for word regurgitation of what the TEA has been permitting for three years now.  It does not break new ground.  It communicates existing guidance and options.  But it is a BIG ONE!

Why is it big?  Because it is in writing, publicly available, and set out in clear, straightforward language.  It is an example of how EVERY DISTRICT IN TEXAS should engage with its parents.  And it comes from a district that ordinarily is a big beneficiary of the STAAR assessment program.  Carroll ISD is a high income, high achieving, suburban school district.  Across the district, campuses are awarded accountability ratings of “A.”  They boast of great quality in public schools. The district has the facilities and resources that many districts can only imagine.  It has active, engaged parents and an engaged school board.  And it just so happens to have a school board president who has had enough of STAAR madness.  After nearly getting a resolution passed to refuse state dictated field testing (the vote failed 3-3), the district decided to face parental pushback on STAAR head on.

So how did they address parents who have concerns over STAAR assessment and want to opt out?  No threats.  No intimidation.  No lies.  Just the plain truth — and they put it right on their website.

Parents may refuse STAAR testing and Accelerated Instruction

This is the opening to the district’s departmental accountability page!  And it is true.  We’ve known it is true for over a decade and for the last three years, the TEA has been telling districts that they don’t have to fight with parents, that they don’t have to threaten parents, that they don’t have to try to trick kids to disobey their parents just to create assessment data.  And while a number of districts have, often after contentious discussions with parents, started to employ this approach, it is still a moving target in many districts.  In part, this is because the TEA has failed to give clear guidance.  Instead of spelling it out like Carroll ISD does, the TEA says things like “the district must offer the child the opportunity to be assessed.  What that looks like may vary district to district.”  The answers are found in various unpublished emails and response logs, only available by public information request. Only when asked directly will the TEA directly tell a district that they don’t have to put an assessment in front of the kid or that they can accept parental refusal and submit the assessment from scoring based only on the parental refusal letter.

But right on the Carroll ISD website is the pure unadulterated truth for parents:

After giving notice (either by email, letter or district created form) the district will honor and respect the parental refusal:

  • Carroll ISD will not present a child with a STAAR assessment on an initial testing day or on a make-up testing day if a parent refusal has been received.
  • Carroll ISD acknowledges the rights of parents to refuse the STAAR and HB1416 on behalf of their child.
  • When a parent refuses STAAR assessments for their child, the child will receive a raw score of zero.
  • STAAR assessment score is not used to promote a child to the next grade level.
  • The zero does not impact your child’s GPA.
  • Carroll ISD is not allowed to encourage refusal of STAAR or of HB1416 Accelerated Instruction.
  • CISD will always support parents in their educational choices for their children.

How different is this approach from many of the district responses we see?  How straightforward is this approach?  No need to threaten, lie or create fake consequences.  And on high school issues, even though the district refusal form is not fully accurate, again, the webpage talks about substitute assessments and links parents to the commissioner’s substitute assessments that are available to meet graduation requirements.

TPERN congratulates the Carroll ISD parents who have engaged their district to bring about this change.  But we particularly want to honor and appreciate the district leadership, both administrative and elected, that have decided that they will not be defined by STAAR, that they will not place themselves above parents in determining what is the best educational approach for a child, and that they will deal with their parents honestly and openly in presenting the true options available to parents and districts in responding to state assessment requirements.

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.