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 accelerate 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.
