KSBA eNews Service, Frankfort, March 31, 2014
State alerts districts against parental requests to “opt out” of K-PREP tests citing common core objections
Staff report
Facing inquiries tied to an anti-common core academic standards push, the Kentucky Department of Education is leaving no doubt of the agency’s position: schools can’t allow students to avoid taking the standards-based K-PREP exams. Any child who skips the tests will be scored a zero on that school’s accountability index and could face local disciplinary action.
In KDE’s weekly Monday Superintendent E-mail communication, agency officials acknowledged the national effort by common core standards opponents in which they urge parents to complete an “opt-out form and submit it to their child’s school.”
According to media reports carried by eNews in recent weeks, schools and districts in several states have reported such requests. In some cases where schools have refused parents’ demands, some students have shown up on testing day but have not finished the exams.
“In Kentucky, districts are not permitted to honor a parent’s request to opt out of CCSS (common core state standards) or statewide testing,” the KDE email said. “Although parents have the right to opt their children out of public education by choosing home school or private school, parents do NOT have the right to pick and choose the provisions of public education with which they will comply. There is no authority in state or federal law allowing parents to opt out of the Kentucky Core Academic Standards (KCAS) or statewide assessment system. On the other hand, there is abundant legal authority supporting KCAS and mandatory statewide assessment.”
In the email and accompanying documents, KDE’s legal counsel addresses both court cases cited by common core opponents in support of parental opt-out requests and the state’s authority to establish and operate an academic progress assessment and accountability system.
“Kentucky’s statewide accountability system depends on the testing of every student. No student may opt out of the standardized assessments conducted under this system. The purpose of testing every student is to ensure that all schools and districts are serving all students and that gaps in categories of students are identified, addressed, and closed,” the agency said in the email.
“Districts should be prepared to explain these requirements to parents, as well as the importance of the consistency of academic standards throughout all Kentucky schools,” KDE said. “Districts are encouraged to review their policies and communicate to parents the consequences for students’ failure to participate in mandatory state assessments.”
Accompany the email is a document entitled “Opting Out Parent Message” from KDE’s lawyers, spelling out the agency’s position and the consequences – for schools and students – of nonparticipation.
“Schools will not provide alternative learning activities during the state assessment testing times,” the agency said. “ALL students are expected to make a good-faith effort to complete the state assessments to the best of their ability. Students who do not participate in the statewide accountability system will receive a “0” score which will be included in the school’s accountability calculation. The student also may be subject to discipline under school or district policies including the code of conduct or behavior.”