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: Q: Will boycotting the tests interfere with my child’s promotion or put her at risk for being sent to summer school? Some principals have told parents that children who do not take state tests will not be promoted or must attend summer school. This is not true. State law specifies that standardized test scores cannot be the sole or even primary criterion for promotion. Assessments from the entire school year are considered when discussing progress and readiness for the next grade, and families should be informed of student progress throughout the school year. If promotion were in doubt, that information should have been entered into the system in January and shared with families by February. ( In other words, well before the administration of the tests.) If there is a pre-existing concern about a child’s promotion, the teacher creates a portfolio with samples of the student’s work, which is reviewed by the principal. According to the NYC Department of Education’s 2017 Frequently Asked Questions (FAQ), the most recent detailed public information available on this topic, “Schools may not require students to complete a promotion portfolio simply because a student does not take the State test” (p.2). (