Title: FAQ — NYC OPT OUT
Headings: Frequently Asked Questions (FAQ)
Frequently Asked Questions (FAQ)
New York State is required by federal law to administer math and ELA (English Language Arts) tests to every public school student in 3rd-8th grade and science tests in 4th and 8th grade. However, it is your right as a parent to refuse these tests on behalf of your child.
HOW TO REFUSE ("Opt Out" of) THE STATE TESTS
Q: I have decided to opt my child out. What do I need to do?
Q: I was told that I am required to meet with the principal if I want to opt out. Is that true?
Q: If we refuse the tests, will my child have to take the make up?
Q: What if my principal tells me that I am not allowed to refuse the tests, pressures my child to take the test, or treats my child unfairly for refusing?
Q: What if I refuse permission for my child to take the test, but the school makes my child take it anyway?
TEST REFUSAL & STUDENTS
Q: Will students who refuse the tests be subject to any negative consequences (being scored a level 1, held back, banned from extracurricular activities, denied services, etc.)?
Q: Will opting out stop my child from getting into a good middle or high school?
Q: My child has an IEP. Can I opt out of the tests and still have him fulfill his IEP?
Q: Will boycotting the tests interfere with my child’s promotion or put her at risk for being sent to summer school?
Q: I heard that under the federal education law ( ESSA) my child will be scored a 1 (the lowest score) if she opts out. Is that true?
TEST REFUSAL & SCHOOLS
Q: I’ve heard that if a large number of students opt out, our school could lose money. Is this true?
Q: I’ve heard that if a large number of students opt out, our school could be taken over by the state. Is this true?
Q: What happens to my kid’s school if more than 5% of the students refuse the tests?
TEST REFUSAL & TEACHERS
Q: If high-performing students opt out of the tests, will it lower the evaluation scores of their teachers?

Content: Yes, any student may opt out of the state tests. There is no formal connection between your child’s IEP and the state tests. In making your opt out decision for your child with an IEP, you may find it useful to know that the tests are generally not sensitive enough to measure the progress made by children with disabilities; in 2019 New York state tests labeled approximately 86% of children with disabilities as failing (“not proficient”).* Many parents and educators believe that the tests are particularly damaging for children who are dramatically below grade level. An example from one special education teacher: “ Take the case of a 4th grader who reads on a 1st grade level due to dyslexia. It is really upsetting for that child to sit for hours with a test booklet labeled ‘4th Grade;’ she knows it is much too hard for her, but also that her teachers and parents expect her to complete it. In addition, that particular test cannot measure any progress which she may have made toward the goals of her IEP because its starting point wasn’t appropriate for her.”