Guide for Opting Out/Refusing High Stakes Testing and Test Preparation for

Special Needs/Exceptional Students.

B !err "uerling
Yes, parents and IEP Case Conference Committees can absolutely opt out or refuse
HST (high stakes tests and test preparation for a special needs child !ia the IEP
meeting"
You have to advocate for a special needs child's rights to an education free of high stakes
testing and test preparation that has no relevance to their actual learning or actual growth
as learners. I have never heard of or seen one IEP goal that was measurable by a HS.
he IEP software each of state will probably never have a category for parent opts
out/refuses child to participate in standardized testing and test preparation within the
IEP section on standardi!ed state testing. "ith the current teacher assessments tied to
HS# the IEP systems definitely won't have an option for teacher opts child out
of/refuses child to participate in standardized testing and test preparation. Professional
educators know it is unethical to test a child using only one test and so does the ethical
standards $%oint Standards& of the testing profession# yet this is e'actly what is happening
( unethical assessment of all students.
)ead your state laws concerning testing and federal laws concerning testing. Your state
opt out*refusal guide can be found at www.unitedoptout.com.
he I+E, states-
#f the #EP Tea$ deter$ines that the child $ust take an alternate assess$ent instead
of a particular regular state or district%&ide assess$ent of student achie'e$ent( a
state$ent of &h%%
$,& The child cannot participate in the regular assess$ent) and
$.& The particular alternate assess$ent selected is appropriate for the child
+uring the IEP /ase /onference /ommittee meeting# when the topic of why the child
cannot participate in the regular assessment (item A above) is addressed# refer to the
following-
)espectfully re0uest the child's eacher of )ecord $1)& include the following *+
through *, in the notes of the #EP-
2. "hen it is the /ase /onference /ommittee's right and responsibility to determine a
3free and appropriate education3 for special needs children $no one else4s# not the state#
not the federal government# not a district administrator or anyone else who does not know
the child& and no one on the /ase /onference /ommittee can see a high stakes test before
it is administered to determine the appropriateness to the individual student's challenges#
then no one on the /ase /onference /ommittee can say it is appropriate5 therefore# the
/ase /onference /ommittee cannot determine its appropriateness. Therefore, a high
stakes standardized test cannot be used or even considered.
6. he 7high stakes8 of high stakes standardi!ed testing has created hostile working and
learning environments 9insert your own e'amples here specific to your child:. Hostile
working environments can create stressed(out staff. It is difficult for staff to administer
these tests without their own an'iety being apparent5 this occurs with teachers working
with the general population as well# not ;ust special needs students
<. hese tests only reliably and statistically predict race# poverty and special needs
patterns. he /ase /onference /ommittee already knows the statistics of the child and
does not need a HS to tell them something they already know.
=. >or these reasons above and many more# HS are ?1 appropriate for any child# let
alone a special needs child# but most importantly ( the parents reserve and e'ercise their
parental rights and child's rights to opt out*refuse the child4s participation in all
standardi!ed test and test preparation.
To eplain why the particular alternate assessment selected is appropriate for the child
(item ! above) list the /ase /onference /ommittee's list of appropriate assessments for
the child and reasons why. Some e'amples are-
@rades- he student4s grades are an assessment of student work and course assessments
over time. Professional educators grade student's work and course assessments# therefore#
this is an appropriate assessment.
1bservations by professional educators- , student's general education teacher# special
needs teacher# 9insert any and all service providers from IEP: observations are an
appropriate assessment of a child's progress5 these professionals have multiple contacts
with students over time.
Portfolio- , portfolio of a student's work is an appropriate assessment demonstrating the
growth of a learner over time.
Aore e'amples can be found here- http-**unitedoptout.com*wp(
content*uploads*6B2<*BC*portfolio(letter.pdf
)ead all of the pages of the Notice of Procedural Safeguards5 this is the document that
you are supposed to be handed at every /ase /onference you attend. ,lso# have them
show you the notes section before they save it on to their computer. Have them put the
IEP on a pro;ector as you go through the IEP during the IEP meeting. If possible# send
them the information to be added to the notes section via email before the meeting or
bring the information on a thumb drive. You may even want to write a letter with the
above information and demand that the letter be uploaded to the IEP itself as a pdf file D
and yes# they can do this.
If they say# 3"e can't do that#3 be prepared to say# 3,re you prepared to put in writing
your reasons for refusing to allow my child a free and appropriate educationE "hat are
the appropriate alternatives you suggest and how they are appropriateE3
If they can't or won't add the notes suggested here# file a +FE P)1/ESS. Your child is
worth itG
In regard to conse0uences for opting out*refusing HS D yes ( there can be conse0uences
for opting your special needs child out of inappropriate high stakes testing. If you are
harassed or feel that your child is being treated unfairly# your state has special needs
federally funded organi!ations $look on the last page of ?otice of Procedural )ights& to
support you. >or referrals to parent advocates or an attorney search for 3+isability Hegal
Services3 in your state.
"hen contacting advocates# be prepared to talk about your knowledge of +ue Process at
your IEP /ase /onference and be prepared to file +ue Process. I had to file +ue Process
after being told# "e cannot discuss the state test with you and if you have any #uestions
you must contact the school district superintendent or state $%& Assessment 'hief
%fficer. I filed on all members of /ase /onference# Superintendent and State +1E
,ssessment /hief 1fficer. Soon after# my child's IEP included the following listed in the
IEP note section- !other reser'es the right to opt child out of standardi-e testing and
test preparation. Ay child did not take the state high stakes standardi!ed test. Ay
special needs child's education and mental health was worth it. ,dvocate for your child.
+ocument prepared by-
Aerry %uerling
Parent Power Indianapolis
Education /ommunity ,ction eam
Fnited 1pt 1ut ?ational Aember
Resources.
How to 1pt 1ut verbiage in federal law# I+E, Part <BB# +# <BB.<6B# a# I# ii# , and .-
http-**idea.ed.gov*e'plore*view*p*J6/rootJ6/regsJ6/<BBJ6/+
J6/<BBJ6K6E<6BJ6/aJ6/
,bout ?otice of Procedural Safeguards in federal law# I+E,-
http-**idea.ed.gov*e'plore*view*p*J6/rootJ6/statuteJ6/IJ6/.J6/I2KJ6/dJ6/
)esearch your state's laws concerning special education assessments.
/heck out your state's +epartment of Education website and search (otice of )rocedural
*afeguards