t#e sa’e acade’ic assess’ents used to ‘easure t#e ac#ie$e’ent of all c#ildren? and >pro$ide for t#e participation in suc# assess’ents of all students? 3e’p#asis added4. #ese re/uire’ents do not allo- students to be ecluded fro’ state-ide assess’ents. @at#er, t#ey set out t#e legal rule t#at all students int#e tested grades ‘ust be assessed.
School districts must provide and administer the assessments. (hey have a&solutely met that re)uirement. No law can force a child to ta’e the assessments or to pic’ up a pencil. or every regulation or rule implemented to force compliance, parents have found loopholes, wor’arounds, and ways to ‘eep their children away from these assessments, and will continue to do so for the sa’e of our children. No rule, law, financial &ri&e, or threat would &e worth sacrificing our children*s well+&eing.
n applying for funds under itle , Part A of t#e ESEA, your State assured t#at it -ould ad’inister t#e itle , Part A progra’ in accordance -it# all applicable statutes and regulations 3see ESEA section 90(3a43144. Si’ilarly, eac# EA t#at recei$es itle , Part A funds in your State assured t#at it -ould ad’inister its itle , Part A progra’ in accordance -it# all applicable statutes and regulations 3see ESEA section 903a43144. Please note t#at t#e portions of t#e ESEA referenced abo$e #a$e not been -ai$ed for States, including States t#at recei$ed ESEA fleibility.
One only has to go &ac’ to the start of the - participation rule tied to (itle / funding to understand its intentions. #t was meant to prevent school districts from purposely leaving low performing children or groups of children out of the testing pool in an attempt to 0cheat0 the system and &oost scores. #t would &e very interesting to witness a court case of the !S1OE trying to argue that this is what districts were doing when 234,444 parents did not allow their children to participate.
$er t#e last se$eral ‘ont#s, ‘any States #a$e released 201(62015 State assess’ent data. A fe- States
$had parents that instructed their children not to ta’e the assessments%
did not assess at least 5 percent of students in t#e >all students? group or indi$idual ESEA subgroup3s4state-ide. Additionally, inso’e states, EAs -it#in so’e States did not assess at least 5 percent of t#eir students. E& #as ased eac# of t#ese States to sub’it infor’ation on t#e steps it is taing to i”ediately address t#is proble’ and ‘eet its assess’ent obligations under t#e ESEA. Eac# SEA -as pro$ided 90 days to sub’it its response to t#e ffice of State Support 3SS4, and E& is currently re$ie-ing infor’ation sub’itted by t#ese SEAs. As additional States release assess’ent results, E& -ill re/uest suc# infor’ation if t#e State or its EAs do not assess at least 5 percent of t#eir students. f a StateBs response does not ade/uately address t#is proble’ and ‘eet t#e StateBs assess’ent obligations under t#e ESEA, E& ‘ay tae enforce’ent action.
1on*t &e surprised if these attempts at coercing states and districts to disregard parental rights leads to increasing our resolve and &oosting our opt+out num&ers. (he E1 threat of 0enforcement action0 will only serve to dou&le our efforts to protect our parental rights and our children.
n eac# re/uest for infor’ation, t#e SEA -as ased to de’onstrate t#at it #as taen or -ill tae appropriate actions to enforce t#e re/uire’ents of t#e ESEA, describe #o- suc# actions -ill specificallyaddress t#e proble’ t#at occurred in 201(62015, and ensure t#at all students -ill participate in state-ide assess’ents during t#e 20156201 sc#ool year and eac# year t#ereafter, recogni7ing t#at t#e etent of t#e non8participation and ot#er rele$ant factors s#ould infor’ t#e SEABs actions.
(he fact that you are descri&ing the country+wide history ma’ing actions of parents rising up to protect their children, their pu&lic schools, and their communities as 0the pro&lem0, shows a gross