Tag: STAAR

Why I Opted Out

From the Facebook group Texans Take Action Against STAAR, an opt out kid now at Texas A&M reflects on why she went from Mastering her STAAR assessments to refusing to take them!

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.

SUCCESS: Success Everywhere with Everything!

From CWade

I have 3 children. My opt out began in 2019.  Why? Because my oldest (in 4th grade) had developed acute cerebella ataxia. Although at the time we didn’t know it. Took us months to find the right neurologist to diagnose him. (From a strep infection, no less).  This made his brain not function well. He couldn’t stand up without losing his balance, dizzy all the time, couldn’t concentrate, had a hard time comprehending instruction, multitasking, etc. Loud noises and brightness were hard on him. School became a difficult time for a once very healthy kid.

 

We decided to place him in a Medical 504, with the urging of his neurologist. Who happened to tell us Jacob doesn’t have to take STAAR. (Dr. Josh Rotenberg). He did not tell me about your group, just said he doesn’t have to take it.

 

I decided to do some research. We successfully opted him out in 2019.  Briargrove Elementary, HISD.

 

I know in 2020 it was an option, but we still opted out him and his brother, Zachary, who was in 3rd grade and now supposed to take STAAR. Neither child did. (5th grade & 4th grade). Also, their teacher, Ms. Nicole McDonald, 4th grade is awesome. She has had both my boys now and ready. By this time (2020), I had found this group on Facebook. I watched, I read, I followed.

 

2021, my oldest is now at Tanglewood Middle School (HISD) for 6th grade and I thought I would get push back. I turned in the letter available from this group. School had no issues. We made a plan for where Jacob would go during testing, and he could still attend. (Due to his ataxia, he does miss some school and I would not let the school have me keep him home. There’s plenty of schoolwork he can do on campus). I made sure to send the letter to the Dean of Innovation (school broken into 2 groups), cc’d each subject teacher, the school counselor (I think she wears many hats, ie testing coordinator??), and the principal. I was not going to have a staff member say, “we didn’t know”. Tanglewood was very respectful and did not push back once.

 

2021, my middle, Zachary had Ms. McDonald, 4th grade, and she was patiently waiting for my letter. (Briargrove Ele. -HISD). I also sent the testing coordinator, each subject teacher, principal and vice principal my letter.

 

*side note* between 2020-2021 we had Zachary tested for dyslexia from a previous teacher reaching out to us and recommend it. He was placed on a 504 for Dyslexia.

 

2020-2021, my daughter, Lauren is now in 3rd grade. I sent the same letter to her teacher and the same players as Zachary, a different teacher though. No push back here.

 

I was also approached for HB4545 for Zachary (2020/2021: can’t remember exact year). Let me tell you, Mrs. Berlin (Briargrove) was very sneaky about this: all sweet and innocent stating it will help him in the areas he needs help in. Thankfully I took it home and read and reread it. Right about the time this page was talking about it. Finding information from this page, I said absolutely not. Then made sure the 3:1 teacher ratio was clicked. (It was not and I changed it immediately for all 3 of my kids).

 

2021-2022, bad year for Zachary at school with teachers not cooperating in his 504 accommodations and not taking what I explained to them to heart (ie, how kid operates, what motivates him, etc.). I’m fighting to advocate for him. I made formal complaints.

 

But I was still able to successfully opt him out. Same letter, dated for that year and all the same players.

 

Lauren gets to 4th grade and she has Ms. McDonald. We LOVE her! She reached out to check if we are opting Lauren out and I said yes, she said “I’ll wait for your letter”.

 

So, for all my kids, I have sent the same letter you guys provide with all the legal verbiage. I change according to year and kid. I also make sure I send HB4545 for each of them at the beginning of the year.  This year, for my 5th grader, the new testing coordinator requested that I fill out a form for STAAR opt out, which I posted on Texans Against STAAR asking for some advice as the letter was not all correct.  I crossed out the points that were not correct and initialed that and signed the letter along with requesting them to make sure a copy of the Opt Out Letter I sent it to be placed in her school file.

I have not had any push back for practice/interim assessments.  All three of my kids go to school on those days and we have a plan in place.  To work on school items or read or something that is quiet and constructive.  They all are placed in a conference room with a staff member checking on them.   (I do this because the 2021-2022 school year, my 5th grader and4th grader were placed in the hallway during the entire assessment time and when I found out, I let the school have it, politely of course, but placing kids in a hallway with no one around for 4 hours is unacceptable in my books.  So now, I make sure they have a comfortable place to be other than a hallway).

 

Now, next year I will have high school to worry about so I am saving and reading all I can from this website.  I cannot thank all of you enough for this.   On the note of high school, my son was able to get into Westside High School Engineering program with his Matrix score (over 900) WITHOUT the STAAR scores.  It goes to show you, it is not valid.  (Even when I spoke to Lamar High Scholl and Westside, I asked about the STAAR and explained to them that my children do not take it and how do I make sure he has a chance for a seat?  They both told me, they will go by Matrix and the 7th grade year report card).

 

This is my success story.  (I have 2 kids on a 504 and one GT and they do not take STAAR).  I am respectful, polite, yet firm and I don’t back down.  It is due to this group that I gained the confidence to stand my ground and advocate for my children.  It was very nerve wracking at first but once I turned in the first letter and the school understood I was not going to budge, I did not receive any push back.

SUCCESS! Middle school STAAR and AI Opt Out!

From JD

I was successful of opting both sons 7th and 8th graders out this year again at Somerset ISD. Did so since the beginning of the year and although principal tried to give me a hard time at the beginning of the year of opting out of the tutoring classes offered to those who didn’t pass STAAR (can’t remember what they’re called lol), I stood my ground and he was removed within a day. My son will be a freshman next year and the education administrator I think that was what she said was her position in the district said he can’t opt out in high school. I laughed and told her it was lies and that I’d get to that when my son enters hs in the fall. Thank you and to this wonderful group, I’ve gotten more knowledge than I ever knew was available to parents

2023 Accountability and Assessment Bills – As of 1/15/23

HOUSE BILLS AS OF 1/15/2023

The following bills have been filed to date in the Texas House of Representatives. Our position is always subject to change as bills progress and legislative analysis or hearings take place.  If you are aware of any other accountability or assessment bills, please contact us at txedrights@gmail.com

HB 748, 1225 – Would require schools to administer assessment instruments in paper form upon parental request

Status: Filed

Position: Two identical bills. TPERN supports this parental rights bill.

HB 977, HB 37 – Creating the Texas Commission on Assessment and Accountability

Status: Filed

Position: Oppose. These are two essentially identical bills proposing to create a commission on assessment and accountability to report recommendations on statutory changes in December 2024. TPERN opposes this bill as it is simply a cover for selecting a body to recommend a plan to integrate assessment into the classroom on an ongoing basis.

HB 1267 – Authorizing Use of National Assessments for Exit Level Instead of EOCs (Landgraf – R)
HB 509
by Patterson, Duplicate
HB 1326 by Slawson, Duplicate

Status: Filed

Position: Partially Support. This bill would permit local schools to designate assessments other than the current EOCs to be used as secondary exit-level assessments. It also limits assessments to those required by federal law, with a provision automatically matching any federal reductions in assessment. While we encourage local control and better assessments, we remain opposed to exit level requirements based on assessments. With the potential use of national assessments, we recognize a clear danger that these often college oriented assessments will have passage levels set to college ready standards rather than workforce or completed course level standards.  Satisfactory performance is delegated to the commission, so that is not within local control.  In addition, the bill still appears to require the development of Texas assessments for each of these subjects, enriching vendors and duplicating the work of assessment. The bill does not address concerns over timely formation of IGCs or early graduation via IGC.

HB 1278 – Limiting Assessment Requirements to Mirror Federal Law (Herrero – D)

Status: Filed

Position: Support. While obviously we want an end to STAAR, to the extent is exists limiting it to only those grade levels and subjects required by federal law is a positive development.

HB 83 – Authorizing a Writing Portfolio to Replace STAAR Writing Questions (Zweiner – )

Status: Filed

Position: Support. This bill would allow local districts to create their own unique portfolio process for assessing writing and use this process in the place of non-multiple choice questions in STAAR. We support local choice, assessment processes designed locally, and the removal of as much of STAAR as possible.

HB 337 – Limiting High School EOCs to those Required by Federal Law (Bucy – D)

Status: Filed

Position: Oppose. We assess HB 1278 to be a better and further reaching limitation on assessment. This bill only applies to high school and explicitly allows local districts to voluntarily reimpose English II and US History exit level requirements which are not required assessments under federal law.

HB 579 – Creating Exemption Process and Alternate Assessment for Students with Significant Cognitive Disabilities (Burns – R)

Status: Filed

Position: Tentatively Support. We will want to see the legislative analysis on this bill, but it appears to create a pathway for parents of kids who would otherwise take STAAR ALT2 to request “exemption.” It gives the ARD the power to deny that request though. It also limits that right to “to the extent consistent with federal law.” It creates an alternative assessment method for those students who are exempted focusing on progress on goals on the IEP. The biggest problem we see is that “exemption” isn’t permitted under federal law, whereas, an opt out clause would be permitted under ESSA. We think this is a well intentioned bill but it may be undermined by the use of a reviewable exemption process rather than a unhindered right to opt out.

HB 680 – Proposing interim testing and adaptive, growth-based assessment instruments (Shaheen – R)

Status: Filed

Position: Oppose. This is an extremely dangerous bill that we must watch carefully. It is probably a session premature, although it could pass as a precursor to the Commission proposed in HB 977. While this bill does permit adaptive assessment, which is generally a positive, it creates through year testing, with frequency to be determined by the commissioner.

Individual Graduation Committee for all-Non STAAR Testers (Entered HS pre 2011)

Editor’s Note: TxEdRights wishes to thank TTAAS member Jeff Cranmore for contributing this guide for students who were denied a high school diploma due to pre-STAAR testing requirements.  This guide will help TAKS/TAAS students who completed their credits but did not pass one or more exit exams navigate the process to a high school diploma.

By Jeff Cranmore

Several people have asked how the Individual Graduation Committee (IGC) works for older students. I wanted to put together some information for anyone trying to go through this process.  I will also include the corresponding laws to reference. According to Texas Administrative Code (TAC) §74.1027, a school may issue a diploma to students that:

(1) entered Grade 9 before the 2011-2012 school year;

(2) successfully completed the curriculum requirements for high school graduation applicable to the individual when the individual entered Grade 9;

(3) has not performed satisfactorily on an assessment instrument or a part of an assessment instrument required for high school graduation, including an alternate assessment instrument offered under TEC, §39.025(c-2);

(4) has been administered at least three times the required subject-areas test(s), including an alternate assessment as specified in paragraph (3) of this subsection, for which the individual has not performed satisfactorily on the exit-level assessment instrument applicable to the individual when the individual entered Grade 9; and

(5) meets the alternative requirements for graduation in accordance with subsection (c) of this section or the local alternative requirements approved by the board of trustees in accordance with subsection (d) of this section.

Here is the link to the actual wording of the TAC

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=74&rl=1027

Here is a link to the FAQ’s

https://tea.texas.gov/sites/default/files/74.1027%20FAQ.pdf

What does this all mean?

If you completed all of your credits but were denied your diploma due to not passing a state test (TAKS, TAAS, etc.…) then you can petition the school to look at your transcript and award you your diploma.

A few things- you must have all of your credits, and you must have attempted the assessment at least three times.  If you did not, you can take one of the state approved assessments and either pass, or if not, it can be counted toward the total number of times.

This is me, now what?

There are a few ways to meet the requirements, but I will focus on the three that have been very successful

According to TEA, these are ways you are eligible.

  • Meeting the performance standard on an alternate assessment as specified in TAC §101.4003
  • Performing satisfactorily on the subject-area test of a state-approved high school equivalency examination in accordance with TAC §89.43(a)(4)
  • Attainment of a TEA-approved industry-recognized postsecondary license or certification
  • Active-duty service in the armed forces or an honorable or general discharge from the armed forces
  • Successful completion of college-level coursework resulting in college credit
  • Additional alternative requirements developed by the district and approved by the school district board of trustees

Based on these criteria, I want to focus on the three that do not require you taking a test.

  • If you have active duty service- done
  • You can complete a college level course. With this one, it must be an on level credit (so developmental math, or a community based enrichment course in photography does not count). I have had former students take a 1.0 credit in PE and used that several times.
  • The last one is an Industry Approved Certification. This may be something that many of you already have. I have had former students that work as a Certified Nurses Aid, or have the Safe Serve Food Manger certification. A copy of that, and you are done! I am including a link to all of the certification,  but if you do not have any, I wanted to point out this one:  The Google Analyst for Beginners. (https://support.google.com/google-ads/answer/6089828?hl=en&ref_topic=6089827) It is free, and you can retake it once a day until you pass it. Here is a link to all of Industry Approved Certifications.

https://tea.texas.gov/academics/college-career-and-military-prep/career-and-technical-education/industry-based-certifications

Once you have completed one of the alternatives, you can ask the school to call the IGC to review, and it can replace any missing state assessment. After that, you should be good to go, and able to get your diploma. Please feel free to share this with anyone that may apply.

As of right now, the rule is set to expire on September 1, 2023, so the sooner you apply the better. I would also suggest that you reach out to your representatives and ask them to extend or make these rules permanent.

My School Took My Kid’s Elective and Put Them In STAAR Classes!

Despite the clear language of the law, some schools have denied parental opt out from accelerated instruction and placed kids into STAAR prep classes.  After you have submitted your opt out, you must follow up if your child has been denied access to electives.  For that reason, we’ve added a new follow up letter to get those electives back.  This video below will walk you through the letter.

TEA Confirms: School Can Accept Parental Refusal of STAAR

From the earliest days of the Opt Out movement, the TEA has carved out a dichotomy between Opt Out and parental refusal that has confounded and frustrated parents and, indirectly, led to increased conflict between parents and schools.  However, as time has passed, the TEA’s outlook has become increasingly more realistic and focused on de-escalating conflict while still insisting upon participation.  For years, we have argued against the scoring of refused assessments.  One reason for this is that the practice of scoring refused assessments led to bizarre behavior by schools.  While some schools adopted parent friendly approaches like permitting the child to refuse assessment with the parent present, other schools insisted that a child refusing the assessment must be placed in a room, read all the instructions, instructed to begin work, and not released until the full time to complete the assessment passed.  Still other schools felt it was fair game to try to trick the students into taking the assessment, leading to predictable ploys like “Your mother just called” and requiring parents to implement password systems to thwart these childish games.

For several years, we have pushed back against those who lay all the blame for bad STAAR behavior on the TEA and pointed out that districts have broad authority to work with parents.  In fact, most of the “bad behaviors” we experience due to STAAR are the result of local decisions.  When the TEA has acted reasonably, we have applauded them and put the responsibility for bad conduct where it truly belongs.  Today is another one of those days.  Following several reports of students who stayed off campus for an entire assessment window being scored as having refused, we began to hear rumors that the TEA had told schools that if the parents indicated a refusal, the schools could submit the blank assessment for scoring, even if the student never set foot on campus.

This was a tidal shift, because for years the party line of the school has been “If the student is on campus, we must put the assessment in front of them and tell them to take it.”  No more.  In response to a recent Public Information Request, TPERN has received documents that confirm that “If the student/parent has refused to test during a particular testing window, the district . . . is not required to put the student in front of the test or a make-up test.”  The district need only maintain local documentation of the refusal.  This gives the Opt Out letter new importance.  Under the guidance of the TEA, the letter now constitutes sufficient evidence to permit the school to submit a blank assessment.  The student does not need to be absent for an entire administration window, or even for a single day.  And explicitly, the school is not required to put the assessment in front of the student for refusal.  As it should be, the word of the parent is sufficient.

Notably, this response was made directly to a district that was asking if it was permissible to not pull a student for makeup testing if they were absent on the assessment day and had a parent note of refusal.  Julie Cole made clear, that even if they are there on the assessment day, the school does not have to put the student in front of a test.  Similar guidance was given to ESC 14 when a school sought approval of instructions to parents that they must stay home the entire assessment window or take a makeup.

These communications should put to rest any school claims that they are “required” to present the assessment to the student.  They aren’t.  They never have been.  This common sense approach permits schools and parents to work together.  It de-escalates needless conflict and permits the viewpoints of both sides to be heard.  We applaud the TEA for clarifying this matter once and for all.

For our parents, we suggest:

(1) Use the new opt out letter which contains the refusal language;
(2) Verify with the school that your child will not be presented with the assessment.  Use these emails if needed.(Full Copy Lozano Email; Full Copy Wilson Email)
(3) We still suggest being willing to keep the student home for the main assessment days, as the schools are unlikely to be able to accommodate them with any normal learning activities.

Peaster ISD Superintendent Calls Out Governor on Parents’ Rights

In a YouTube video released today, Peaster ISD superintendent Lance Johnson called out the hypocrisy of Gov. Abbott’s political theatre ploy of announcing his fealty to the so called “parents’ rights” movement that is gaining political currency amongst the Republican electorate. After focusing on the school shutdown and mask mandates that came from the Abbott administration, Supt. Johnson then moves to the issue that motivates us at TPERN: the right of parents to refuse their child’s participation in the STATE STAAR accountability assessments. Johnson correctly notes that Abbott has never voiced support for parental rights in this area. And he points out that we haven’t heard STAAR opt out mentioned by Abbott in his latest “parents rights” speechmaking. Supt. Johnson labels it for what is is: political grandstanding that has no real basis in reality when you look at Abbott’s actual beliefs as evidence by his governance of the state, his appointees at the TEA, and his non-mentions of STAAR in any of these speeches. And he closes by arguing for the complete abolition of STAAR. Superintendent Johnson, whether our supporters agree about masks and school closures is unimportant. We thank you for standing up for parents rights and for the kids on the issue of STAAR and parental opt out.