Every year around this time, I start to get an onslaught of questions from teachers and parents about state administered standardized tests and whether, or not, students are required to take them. I can only touch on the subject, here. If you want to delve deeper, just use the search feature on this site and search for “Opt Out.”

ACCOUNTABILITY

First, it helps to understand why the tests are administered. Nearly two decades ago, the federal government implemented accountability for public schools. The forces behind it were both Democrats and Republicans. Democrats wanted accountability for the poor performance of students living in poverty, students of color, and students who were non-English learners. Republicans saw education as the largest expense in state budgets and wanted results that justified the spending. It is important to understand that accountability describes what school system are required to do. It is in no way a mandate on students, or parents. Over the years, it has become nothing more than a tool for corporate interests to eliminate teacher tenure, bust teacher unions, and replace public schools with charter schools that have non-unionized teachers and run their schools like a business instead of a public entity that serves the good of every student. So what does all this mean to us?

Many years ago, when I was an elementary student, it was the practice to measure student performance using norm-referenced tests (NRT), and the results were reported in percentiles. To determine level of performance, test results are normed against a random sample to determine the bell curve. Percentile is a statistical norm that essentially means a 50th percentile indicates that the student performed better than 50% of the students tested. A 50 %ile isn’t a failing grade. In fact, it is dead center in the middle of expected performance, or average.

Fariba Chimani, 2015

These days, the assessment used is a criterion-referenced test (CRT), and the result it reported as a measurement of performance against a standard. In other words, the level of performance is predetermined (ie. unsatisfactory, approaching basic, basic, and mastery). Scoring is dependent on the child’s performance, alone. CRT tests do not measure growth; however, if data is available over multiple years, one can predict performance. CRT assessments, in general, are not a bad thing; however, when using individual student performance to determine teacher effectiveness, problems arise.

Individual student performance is then used to collectively determine teacher effectiveness and school performance scores. These are determined by the percent of students who achieved what is considered “mastery,” rather than a percentile comparison. Teachers are rated by effectiveness based on student performance, and schools are ranked by a letter grade determined by their performance score. The evaluations of teachers who teach core subjects incorporate a Value-Added Measurement (VAM) to determine how well a teacher serves each student. Non-VAM teachers are evaluated using locally selected or created assessment with Student Learning Targets (SLT). Supporters of VAM claim that it takes into account differences in students such as socio-economic status, disabilities, etc.; however, it does not consider whether the child ate breakfast, recently lost a family member, or didn’t have a bed to sleep in, or just didn’t want to take the test and randomly filled in bubbles.

This has been an extremely brief explanation of accountability, and each of the things I’ve mentioned are so much more complex, but I want readers to have a basic understanding of accountability. Now, I will provide some points to consider when making your decision about opting-out.

STUDENTS

The scores that students receive on standardized tests stay on their educational record permanently.

Students who do not take a standardized test cannot be “given” a zero. No test means no score.

PARENTS

  • The U.S. Supreme Court has repeatedly ruled in favor of parents being the supreme decision maker in their child’s education.
  • The federal law known as the Every Student Succeeds Act (ESSA) requires state and local education agencies to make its state assessment accessible to every student; meaning disabled students can’t be given a different test, shorter test, or no test.
  • This is not a mandate requiring your child to test. It’s intent is to keep school systems from hiding poor performers.
  • There is a mechanism in ESSA to allow up to 5% of eligible testers to opt-out without penalty to the teacher, or school. Supt. John White eliminated that mechanism and begins penalizing with the very first opt-out. So, essentially, a teacher’s effectiveness is determined by a score that doesn’t exist.
  • School administrators will do whatever it takes (up to and including lying and violating your rights) to make your child take the test by making you think your child’s academic performance will be penalized. Their jobs depend on it. It is a sorry system.
  • Telling you to keep your child home, and/or excusing the absences, is a violation of attendance and truancy laws.
  • If your non-testing child is penalized, disciplined, or not accommodated during testing in a manner that you approve, you absolutely have a basis for legal action.

TEACHERS

  • While the student does not receive a zero score, a zero is used in their place when calculating a teacher’s VAM score.
  • In 2016, a New York judge ruled VAM “arbitrary and capritious.” In 2018, a federal judge in Houston, TX rule that VAM is incompatible with due process; yet, in Louisiana, we’re still touting VAM.
  • Louisiana law states that the performance portion of a teacher’s evaluation is dependent on student growth which requires a starting point and an ending point. Remember, CRT assessments don’t measure growth.
  • For VAM teachers measuring growth requires performance data over multiple years.
  • Non-VAM teachers are evaluated with Student Learning Targets which require a starting point and ending point, and “The student will…” in the stated goal. An SLT that begins with “The teacher will…” is not an SLT.

The current state of education in Louisiana is based on a predetermined agenda that is driven by Supt. John White. There is no consideration of public input, or desire. Efforts to reach a consensus among stakeholders have been ignored and exhausted. The only way that these atrocities will go away and make room for real progress with local control is litigation.

There are two routes that litigation can go. Parents can join together and support an effort to sue on behalf of a student who has been penalized, or disciplined, for not testing, or one of the teacher unions can back a teacher who has lost their tenure and/or has been terminated based on erroneous test scores. It’s time to step up, Louisiana.

24 thoughts on “Opt-Out Review

  1. Can you add one more definition for those who aren’t familiar – who are considered “VAM teachers” and who are not. I know you’re trying to keep this as simple as possible but seems like this part is really significant also considering the number of non VAM teachers who are evaluated.

    1. I asked thos today in an iep and both the vice.princapal and sped teacher looked dumb founded. Said they have never been asked that! The teacher is in her last month of her masters degree!

  2. My daughter is in eighth grade. I was told she has to take the leap and score a specific score at least basic on the leap in order to advance to 9th grade. Is this true?

    1. Unfortunately, Louisiana law says that students must pass a test in 4th and 8th grade to advance to the next grade; however, BESE adopted a policy last year that allows local districts to determine pass/fail base on other factors. Many districts adopted policies that require students who don’t pass the test, don’t take the test, or transfer in from a private school that didn’t administer the test, to advance to the next grade as a transitional student enrolled in remedial classes. There is no basis for this, and could result in a straight A student taking 5 years to complete high school. Check your parish Pupil Progression Plan.

      1. So is that the case in Calcasieu Parish? That if your student opts out for 8th grade they’ll automatically be put in remedial classes for 9th grade?

  3. I just sent a letter to my son’s school opting him out of state testing. In their response, they told me that his school will receive a zero for his test results. Is that the same as him being given a zero?

  4. Was told by my kid’s at home pubic school teachers and advisor teacher that he would not have to take LEAP as he is new as just started in Feb. and since I have requested him to be held back in 4th anyway due to his brick and mortar school being so behind compared to his current school and I would like him to be on pace, but thing is I received an email before testing of dates, times and place to go to for testing, by the way having to travel for testing was not explained during the enrollment call at all as this is one of the reasons i pulled my kid out due to having to travel back and forth into town to go to school which takes 45 min or more from where i live, so emailed back explaining that we were told he didnt have to take the test and that i would be out of town for work training for 2 wks and then kids will be out of town at their fathers after i return, which was another reason for homeschooling as father moved and kids were missing school during his weeks which cause truancy issues on my part. So never received a response, then got a testing makeup date email for this week, but kids are out of town with their father in which i explained in reply email, but again no response, i did ask in the email if he didnt show would he get a 0, does anyone know if he does not show if he would be marked absent and receive a 0 or what? I did email opt-out info when got first email, but like ﹰI said no response and still received makeup dates?

    1. A child cannot be assigned a zero if they do not take the test. They simply would not receive any score. The school, however, will get a zero in the calculation of its SPS score.

        1. That is correct. Currently, in state law, there are requirements for promotion in 4th and 8th grade, and for graduation. The testing requirements in 4th and 8th grade have been temporarily suspended, but test requirements for graduation remain. A student must pass a minimum of one English (English I or English II), one Math (Algebra I or Geometry) and either Biology or U.S. History. I maintain that it is a parent’s right to decide if they want their child to participate in high stakes state assessments; however, in violation of that right, the state has requirements that present consequences when tests aren’t taken. Currently, the only remedy for that would be litigation. No parent has sued, yet.

  5. Ok last question so I can opt out of 4th grade and still be promoted to 5th and opt out of 8th and be promoted to the 9th

    1. Yes, however, there may be consequences. Your school district’s Pupil Progression Plan would determine that. In most cases, districts have allowed students who do not pass the 4th or 8th grade to progress to the next grade, but require them to participate in remediation. This is inclusive of students who do not have a test score, at all. This means that a straight A, honor roll student, who doesn’t take the test, could be required to participate in remediation. At the high school level, that might translate to a fifth year in high school. Again, no parent has challenged this, legally.

  6. My niece was an honor student in the Jefferson Parish schools and has failed the LEAP twice by 3-5 pts each time. She’s devastated as her plans for college were canceled. What are our options? We’ve considered reenrolling in high school to gain permission to pursue college credit through cross enrollment while she waits to retake again in December. Would this be a valid option?

    1. Which test did she fail? In my opinion, this is the perfect scenario for a parent with the means to hire an attorney. It would take only one lawsuit to declare the test invalid.

      1. Would it make a difference when parents were never told about the OPT-OUT policy,where the districts must explain the process to parents and students? In St. John the parents were never told anything except the day before the test,then it was the part where according to the pilot in ESSA the state had a choice on the kind of test and who must take the test. I have a grandson in 9th grade.

        1. No. Because there is no policy that requires that. In fact, the topic is avoided because they want to perpetuate the idea that students are REQUIRED to take the test. They are not. But because state law requires a passing score to graduate, that right is violated. It must be challenged in court.

  7. Is there a formal written document where it states that my child (5th grade) will not ‘receive all zeros’, as stated by our school principal, if I opt him out of taking LEAP in 2 weeks? He is currently homeschooled in the BLP program through his home-based school and I would like to finish out the school year doing so, but want to opt him out of LEAP. We will be unenrolling him from school and fully homeschooling for 6th grade so I don’t feel that LEAP is necessary, at this point. As stated above, our school’s principal has told me that my child will receive all zeros if he does not take LEAP. I’m looking for a formal document that states that that is not the case, so that I can show her. Does that exist? My efforts to find that are exhausted!

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