Rhode Island Opt Out Guide July 2014

8/12/2019 Rhode Island Opt Out Guide July 2014

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State by state template created by UOO,http://unitedoptout.com

This is not a legal document. it is for informational purposes only.

Template revised 6.16.14

Testing Opt-Out/Refusal Guide for RHODE ISLAND

Form completed by Wendy Holmes, Sheila Resseger, and

United Opt Out Administrator (MM)

Contact information (email): Wendy [email protected]

Sheila [email protected]

The Rhode Island Department of Education has created a Comprehensive Assessment System,

a coordinated plan for monitoring the academic achievement of public school students from Pre-

Kindergarten through Grade 12. This system is meant to increase student learning by producing

actionable data, evaluate the effectiveness of programs, and ensure that all students are makingprogress toward achieving learning goals.

Rhode Islands new statewide assessment, the Partnership for Assessment of Readiness for

College and Careers (PARCC), which is aligned with the Common Core State Standards

(CCSS), will be implemented during the 2014-2015 school year in grades 3 to 11. In this

transitional year the PARCC will be used to test English Language Arts ELA/Literacy and

Mathematics but not Science. Please note that the Science grade level expectations (GSE) are

still in effect and the New England Common Assessment Program (NECAP)in Science will

take place as scheduled in May 2015 (see below).

Until June 2014, when the Rhode Island General Assembly voted for a three-year moratorium on

the high-stakeshigh school exit tests, the NECAP was scheduled to serve that purpose for the

2014-2015 school year. Tentatively, 11th and 12thgraders will still take the Reading and

Mathematics NECAP in the fall and 11thgraders will take the Science NECAP in the spring.

Neither of these tests, however, nor the PARCC, will have a bearing on high school graduation

for the classes of 2014, 2015 or 2016.

According to RIDE, mandated PARCC and NECAP tests are required of all students enrolled in

R.I. schools except for 1.) students who qualify for the alternate assessments; 2.) recently-

arrived Limited English Proficiency (LEP) students (who may be excused from Reading andWriting tests but may be required to take some tests in Mathematics); and 3.) students who have

state-approved special considerations.

In Rhode Island, state-approved special considerations (SASC) are for cases involving medical

issues, a personal crisis, a family emergency, or alternate assessment students enrolling after the

alternate assessment registration deadline. Special consideration request forms are available on
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the RIDE website and must be completed and submitted by the district Superintendents office.

Details about the process for applying for special considerations for exemption from testing are

explained in the document entitled, State-Approved Special Considerations for Statewide

Assessments: Guidelines & Forms,which can be found on the RIDE website.

List of Assessments

PARCC SCHEDULE

Testing times will vary according to school start dates. The performance-based component will

be administered after about 75% of instruction time and the end of year component will take

place after about 90% of instruction time. Details of administration have yet to be finalized.

Under PARCC Assessment on the RIDE site: As Rhode Island transitions to the PARCC

assessment we will provide updates on this process through this website, field memos, and

informational sessions.

ELA/Literacy:

Grades Tested:3, 4, 5, 6, 7, 8, 9, 10

Mathematics:Grades Tested: 3, 4, 5, 6, 7, 8, High School

Admini stration Dates:Block Schedule Administration, Dec. 2014 - Feb. 2015Admini stration Dates:1stOperational Administration, Feb.June, 2015

NECAPSCHEDULE

Reading, Mathematics

Grades Tested:11, 12

Admini stration Dates:Sept.29-Oct.9 2014 (tentative).

Science

Grades Tested:4, 8, 11

Admini stration Dates:May 4 - 28, 2015

Additional Tests

In addition to the PARCC and NECAP, Rhode Island Department of Education (RIDE) supports

the administration of a number of other specific assessments, including:

National Assessment of Educational Progress (NAEP)
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Its major goals are to measure student achievement and report change in performance over time.

NAEP provides results for states and the nation as a whole but does not provide scores for

individual students or schools. Participation in NAEP mathematics and reading in grades 4 and 8

is mandatory for states and districts receiving Title I funds, pursuant to federal law. Most

elementary and all middle schools in our state participate in NAEP.

Reading, Mathematics, Science,

Grades Tested: 4, 8 Administration Dates: Jan.26-30, 2015 / Mar.2Mar.6, 2015

Developmental Reading Assessment (DRA)The Developmental Reading Assessment (DRA) measures students' reading accuracy, fluency,

and comprehension. DRA may be given to students in Kindergarten, 1stgrade, or 2ndgrade

(depending on which of the three is the highest grade in any particular early childhood school)

during the month of May 2015.

Rhode Island Alternate Assessment (RIAA) and the National Center and State

Consortium (NCSC)

The RIAA assesses content knowledge through a series of Structured Performance Tasks. These

tasks also incorporate and promote enhanced capacities and integrated life opportunities for

students with moderate, severe, and profound disabilities.

The RIAA assesses content knowledge in Science and includes three collection periods: 1.)

Sept.29Nov. 14, 2014, 2.) Jan. 5Feb. 6, 2015 3.) Mar. 2Apr. 3, 2015. This test will be

given to grades 4, 8, and 11.

The NCSC, which is aligned with CCSS, assesses English Language Arts (reading and writing)

and Mathematics. NCSC Pilot Test 1 was given in spring 2014. NCSC Pilot Test 2 will be

administered Oct.20Nov.14, 2014. The NCSC Operational Test will be given spring 2015,

exact dates TBA. Grades 38, and 11will be tested.

ACCESS for English Language LearnersRhode Island requires that the English language proficiency (ELP) of all English language

learners (ELLs) be measured annually with the ACCESS for ELLs. 2014-2015 ACCESS tests

will be administered between Jan. 14 and Feb. 18, 2015 (tentative)

Technology Literacy Assessment

The 21st Century Skills Assessment, is given to 8th

graders. It is a blend of interactive,performance-based questions and multiple choice, knowledge-based questions. It will be

administered in the Fall, Nov.24Dec.24 and in the Spring, Mar. 2Mar

Advanced Placement

Advanced Placement examinations are taken each spring at the end of year-long courses that are

designed to provide college-level curricula. Many colleges and universities grant credits and/or
http://unitedoptout.com/http://unitedoptout.com/http://unitedoptout.com/http://www.ride.ri.gov/InstructionAssessment/Assessment/DevelopmentalReadingAssessmentDRA.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/DevelopmentalReadingAssessmentDRA.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/RhodeIslandAlternateAssessmentRIAA.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/RhodeIslandAlternateAssessmentRIAA.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/RhodeIslandAlternateAssessmentRIAA.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/ACCESSforELLs.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/ACCESSforELLs.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/TechnologyAssessment.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/TechnologyAssessment.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/TechnologyAssessment.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/ACCESSforELLs.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/RhodeIslandAlternateAssessmentRIAA.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/RhodeIslandAlternateAssessmentRIAA.aspxhttp://www.ride.ri.gov/InstructionAssessment/Assessment/DevelopmentalReadingAssessmentDRA.aspxhttp://unitedoptout.com/


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advanced placement based on AP scores. Rhode Island public school students enrolled inAdvanced Placement courses who qualify for free/reduced lunch also qualify for the AP Exam

Fee Waiver Program, allowing qualifying students to take AP Exams at no cost.

Special considerations for the above assessments:

In Rhode Island, student growth and achievement is measured in two ways: 1.) statewide testing,

beginning in the 2014-2015 school year using the Partnership for Assessment of Readiness for

College and Careers (PARCC), which is aligned with the Common Core State Standards

(CCSS) and replaces the New England Common Assessment Program (NECAP) and 2.)

Student Learning Objectives (SLO), which are decided on by school districts and can vary by

classroom.

The Common Core State Standards for English Language Arts and Mathematics were not

developed by the states, as often claimed. They were developed behind closed doors primarily by

employees of Achieve, Inc. and the College Board, experts in creating standardized tests. No K-

12 classroom teachers were included in the drafting of the standards, nor were any early

childhood professionals, teachers of English language learners, or special education

experts included. It has been widely reported that the standards are inappropriate for the

youngest learners. From the start, students progress with the standards was intended to be

assessed by standardized tests, tests which will be taken on computers, multiple times throughout

the school year at great financial cost to school districts. The testing will result in massive

amounts of data. Students personally identifiable data will be collected and shared with the

federal Department of Education and (thanks to a watering down of FERPA, the FamilyEducational Rights and Privacy Act, by Arne Duncans Department of Education), also with

researchers and vendors of educational products. There is a great chance of inadvertent or even

purposeful abuse of this data.

Although the federal government is prohibited by federal law from promulgating a national

curriculum, the CCSS will obviously give rise to a national curriculum, since they are to be

assessed by one of two national testing consortia. The curricula will be aligned to the

assessments, which are aligned to the standards. The CCSS are a copyrighted document which,

once accepted, cannot be modified. Many teachers who have begun implementing the standards

find that they are unreasonable and inflexible. The pacing is fixed and disregards the needs ofnon-standard learners. The education of non-standard learners, in particular children with special

needs, English language learners, and children living in high-poverty neighborhoods, will suffer

irreparably from these poorly devised standards and the incessant testing.

As a member of the CCSS aligned PARCC Consortium, Rhode Island adheres to its policies,

providing all students, including students with disabilities, English learners, English learners
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with disabilities, and underserved populations with equitable access to twenty-first century

assessments. For detailed information on how the tests may be modified for individuals see the

PARCC Accessibility Features and Accommodations Manuel (Second Edition, Fall 2013)

http://www.parcconline.org/sites/parcc/files/PARCC%20Accessibility%20Features%20and%20Accommodations%20Manual%20November%202013.pdf

According to the PARCC manual, accommodations are available to:

.Students with disabilities who have an Individualized Education Program (IEP);

.Students with a Section 504 plan who have a physical or mental impairment thatsubstantially limits one or more major life activities, have a record of such an impairment, or are

regarded as having such an impairment, but who do not qualify for special education services;

.Students who are English learners;

.Students who are English learners and with disabilities who have an IEP or 504 plan. These

students are eligible for both accommodations for students with disabilities and English learners.

Students who are Engl ish learners in their f ir st year i n a U.S. school are exempt f rom PARCC

testing. I n subsequent years they must take PARCC End-of-Year and Performance-Based

assessments in ELA/l i teracy and mathematics.

For detai ls on applying for alternate assessments see Al ternate Assessments: 2014-2015

Guidance on El igibil ity for I .E.P. Teams

http://www.parcconline.org/sites/parcc/files/PARCC%20Accessibility%20Features%20and%20

Accommodations%20Manual%20November%202013.pdf

The rules governing exemptions for the NECAP tests, which are being phased out in Rhode

Island but will still be administered to some grades in the 2014-2015 school year, are similar to

those for the PARCC given above. Students identified as English language learners (ELL) are

exempt from taking the NECAP Reading/Writing assessments in the first year of attendance at a

U.S. school. They are not exempt from the NECAP Mathematics and NECAP Science

assessments, which they must take regardless of when they entered the U.S. In addition, ELL

students must also participate in the ACCESS for ELLs test (RIs English language proficiency

test).

All non-exempt students who do not have a RIDE-approved special consideration request form

must take an applicable NECAP test if the student is attending school during the testing window

(Sept. 29 - Oct. 9, 2014 for NECAP Reading, Writing, and Math and May 4 - 28, 2015 for

NECAP Science). Mandatory participation applies to the make-up testing periods as well.

Procedures for Opt-out/Refusal
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Write a letter of refusal to take the test to be submitted to your local school administrators, citing

that high stakes testing questions your beliefs or practices in morality or religion.

Submit this letter at the beginning of the school year if possible.

UOO has a sample opt out letter grounded in ethical (non religious) concerns. We also have asample letter using religious principles.

All students enrolled in a public school district, including students with disabilities and students

who are English language learners (ELL), are expected to take part in Rhode Islands statewide

academic assessment program in one of the following ways:

1. Participate in the statewide Partnership for Assessment of Readiness for Collegeand Careers/ New England Common Assessment Program (PARCC/NECAP)

assessments without accommodations;

2. Participate in the statewide Partnership for Assessment of Readiness for Collegeand Careers/ New England Common Assessment Program (PARCC/NECAP)

assessments with accommodations;

3. Participate in the Rhode Island Alternate Assessment and National Center andState Consortium ((RIAA/NCSC) available only for students with Individualized

Education Programs (IEP) who meet specific criteria.

The only students exempted from testing are those who are eligible for exemption/special

consideration based on state-approved reasons or State-Approved Special Considerations

(SASC), which fall within four broad areas:

Medical Reasons;

Personal Crisis;

Family Emergency;

RIAA qualified after RIAA enrollment window closes.

In all cases, the exemptions must be approved by the Director of Instruction, Assessment, and

Curriculum at the Rhode Island Department of Elementary and Secondary Education

(RIDE). All SASC requests, which must be submitted online via eRIDE by the superintendents

office, will be acknowledged with an email receipt to the superintendent. For requesting studentexemption from state testing via the eRIDE system, please seeGuidance on How to Request

Exemption from NECAP or RIAA via eRIDE[PDF, 547KB].

Please refer to the State-Approved Special Considerations for Statewide Assessments:

Guidelines & Formsdocument (on the Guidance and Forms tab, and also on the eRIDE site)

for details.
http://unitedoptout.com/http://unitedoptout.com/http://unitedoptout.com/http://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Guidance-on-How-to-Request-Exemption-from-NECAP-or-RIAA-via-eRIDE.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Guidance-on-How-to-Request-Exemption-from-NECAP-or-RIAA-via-eRIDE.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Guidance-on-How-to-Request-Exemption-from-NECAP-or-RIAA-via-eRIDE.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Guidance-on-How-to-Request-Exemption-from-NECAP-or-RIAA-via-eRIDE.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Special-Consideration-and-Exemption-Requests-for-Statewide-Assessments-2012-2013-Guidelines-and-Forms.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Special-Consideration-and-Exemption-Requests-for-Statewide-Assessments-2012-2013-Guidelines-and-Forms.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Special-Consideration-and-Exemption-Requests-for-Statewide-Assessments-2012-2013-Guidelines-and-Forms.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Special-Consideration-and-Exemption-Requests-for-Statewide-Assessments-2012-2013-Guidelines-and-Forms.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Special-Consideration-and-Exemption-Requests-for-Statewide-Assessments-2012-2013-Guidelines-and-Forms.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Guidance-on-How-to-Request-Exemption-from-NECAP-or-RIAA-via-eRIDE.pdfhttp://ride.ri.gov/Portals/0/Uploads/Documents/Instruction-and-Assessment-World-Class-Standards/Assessment/NECAP/Exemptions/Guidance-on-How-to-Request-Exemption-from-NECAP-or-RIAA-via-eRIDE.pdfhttp://unitedoptout.com/


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State Approved Special Considerations can be found at:

https://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption

%20Requests%20for%20Statewide%20Assessments_2012-

2013%20Guidelines%20and%20Forms.pdf

Important Dates for Special Consideration (SASC)/Exemption available at:https://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption

%20Requests%20for%20Statewide%20Assessments_2012-

2013%20Guidelines%20and%20Forms.pdf

Conditions that DO NOT qualify for exemption:

Medical FragilityAll medically fragile students are expected to participate in statewide

assessment unless a significant and documented medical emergency exists in addition to medical

fragility

District-provided home-based educational programs (student remains enrolled in district)

Pregnancy

Students with acute, short-term minor illnesses or injuries

Students placed in correctional facilities

Students receiving educational services at an out-placement facility

Student or Parent refusal to test

Mental health conditions that permit students to receive instruction

In General:

High Stakes Testing

Is not scientifically-based and fails to follow the U.S. Government's own data on

learning.

Fosters test driven education that is not meeting the individual/intellectual needs ofstudents.

Presents a racial and economic bias that is beneficial to white middle/upper class students

and detrimental to second language students, impoverished students, and students of

color.
http://unitedoptout.com/http://unitedoptout.com/http://unitedoptout.com/https://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttps://www.eride.ri.gov/eride2k5/SASC/docs/Special%20Consideration%20and%20Exemption%20Requests%20for%20Statewide%20Assessments_2012-2013%20Guidelines%20and%20Forms.pdfhttp://unitedoptout.com/


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Is in opposition to the corrective action in gaps in opportunity and resources sanctioned

by the Fiscal Fairness Act.

Supports complicity of corporate interests rather than democracy based on public

concerns.

Fosters coercion over cooperation with regards to federal funding for public education.

Promotes a culture of lying, cheating, and exploitation within the school community.

Has used the achievement gap to foster a de facto segregationthat has resulted in

separate and unequal education for minorities.

Additionally, data collection of student's private information cannot be guaranteed

security or that it will not be abused in some way by third party entities.

Low/poor test scores, which are likely to occur with more frequency with Common Core and

PARCC will be used to fire teachers, create more online learning scenarios even in elementary

schools, and close more public schools to be replaced with for profit charter schools.

See teachers comments on the administration of the PARCC field tests in Spring 2014 and

problems with the tests: http://testingtalk.org/responses/?s=&region=ri&test=parcc-

pilot&content_area=&category=&grade=

Sample Language to Include in Opt-Out/Refusal

The RIDE policy does not allow exemptions based on a refusal to test. Therefore no exemption

will be granted on these terms. Parents/student will have to state that they are REFUSINGthe

test rather than requesting an exemption.

See this ACLU report for opt out language and talking points: .

http://www.riaclu.org/issues/issue/high-stakes-testing The Rhode Island ACLU has devoted

most attention to criticizing the NECAP as a graduation requirement but many aspects of itsarguments apply to standardized testing in general. Before the recent action of the General

Assembly, the consequence of a low score on the 11thgrade test was no diploma.

Although some Rhode Island parents refused the PARCC field tests, administered last year,

without punitive consequences, that was not mandated in the way that the actual PARCC

assessment is and it is not clear what the consequences of refusal may be.
http://unitedoptout.com/http://unitedoptout.com/http://unitedoptout.com/http://testingtalk.org/responses/?s=&region=ri&test=parcc-pilot&content_area=&category=&grade=http://testingtalk.org/responses/?s=&region=ri&test=parcc-pilot&content_area=&category=&grade=http://testingtalk.org/responses/?s=&region=ri&test=parcc-pilot&content_area=&category=&grade=http://www.riaclu.org/issues/issue/high-stakes-testinghttp://www.riaclu.org/issues/issue/high-stakes-testinghttp://www.riaclu.org/issues/issue/high-stakes-testinghttp://testingtalk.org/responses/?s=&region=ri&test=parcc-pilot&content_area=&category=&grade=http://testingtalk.org/responses/?s=&region=ri&test=parcc-pilot&content_area=&category=&grade=http://unitedoptout.com/


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Use language of the Constitution to ground your case, citing the following:

Supreme Court Decisions and Parental Rights

Parental rights, especially in the area of education, are broadly protected by United States

Supreme Court decisions. The U.S. Supreme Court has repeatedly held that parents have thefundamental right to direct the upbringing and education of their children.

In Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), the U.S. Supreme Court declared that,

The child is not the mere creature of the State: those who nurture him and direct his destiny

have the right, coupled with the high duty, to recognize and prepare him for additional

obligations.;

In recognition of both the right and responsibility of parents to control their childrens education,

the U.S. Supreme Court has further stated, It is cardinal with us that the custody, care, and

nurture of the child reside first in the parents, whose primary function and freedom include

preparation for obligations the State can neither supply nor hinder. Prince v. Massachusetts, 321

U.S. 158, 166 (1944);

The U.S. Supreme Court has also recognized that the right of parents to raise their children free

from unreasonable state interferences is one of the unwritten liberties protected by the due

process clause of the Fourteenth Amendment to the U.S. Constitution and criticized a state

legislature for trying to interfere with the power of parents to control the education of their

own. Meyer v. Nebraska, 262 U.S. 390, 401 (1923).

Sample Opt Out Letter

Dear _____ Administrators,

My child ____ is in XXX grade for the _____ school year at _______ School. I am writing to

inform you that I refuse to have my children take part in the NECAPs, DIBELS, PARCC, or any

other forms of high stakes standardized testing I have been advised that religious or even a

medical or psychological concern meets the criteria for honoring my request. In lieu of the high

stakes standardized tests I request that my child be given alternative forms of assessment to

include but not limited to teacher made assessments, projects, and portfolio, to be determined at

the discretion of _____s teacher.

Ten years of research and analysis by academic experts working at universities from Penn Stateto Harvard conclusively prove that high stakes like the MSA testing harms children, undermines

and restricts curriculums, and punishes schools that serve the most vulnerable members of our

societykids with special needs and kids in poverty. There are mountains of documentation

out there.


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I find such testing morally and spiritually unethical, based on the following facts. High stakes

testing:

Is not scientifically-based and fails to follow the U.S. Governments own data on learning.

Fosters test driven education that is not meeting the individual/intellectual needs of students.

Presents a racial and economic bias that is beneficial to white middle/upper class students and

detrimental to second language students, impoverished students, and students of color.

Is in opposition to the corrective action in gaps in opportunity and resources sanctioned by the

Fiscal Fairness Act.

Supports complicity of corporate interests rather than democracy based on public concerns.

Fosters coercion over cooperation with regards to federal funding for public education.

Promotes a culture of lying, cheating, and exploitation within the school community.

Has used the achievement gap to foster a de facto segregation that has resulted in separate and

unequal education for minorities.

Additionally, participating in these tests 1) negatively affects my child social-emotional well

being, 2) kills his or her curiosity and love for learning, 3) places developmentally inappropriate

and undue and unhealthy stress on him, 4) reduces his or her capacity for attaining new

knowledge, 5) replaces his or her higher order thinking with drill and kill curriculum, 6)

diminishes opportunities for socialization, and 7) diverts funding that could go to fund programs

in my childs school to testing companies and publishing companies.

According to the U.S Constitution, specifically the 14th Amendment, I am protected by my

rights to religious/spiritual freedom and this federal law supersedes state in regard to parental

control over ones child. Under the law, you cannot deny my request.

Parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially

in the area of education. The Supreme Court has repeatedly held that parents posses the

fundamental right to direct the upbringing and education of their children. Furthermore, the

Court declared that the child is not the mere creature of the State: those who nurture him and

direct his destiny have the right coupled with the high duty to recognize and prepare him for

additional obligations. (Pierce v. Society of Sisters, 268 U.S. 510, 534-35) The Supreme Court

criticized a state legislature for trying to interfere with the power of parents to control the

education of their own. (Meyer v. Nebraska, 262 U.S. 390, 402.) In Meyer, the Supreme Court

held that the right of parents to raise their children free from unreasonable state interferences is

one of the unwritten liberties protected by the Due Process Clause of the Fourteenth

Amendment. (262 U.S. 399). In recognition of both the right and responsibility of parents to


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control their childrens education, the Court has stated, It is cardinal with us that the custody,

care and nurture of the child reside first in the parents, whose primary function and freedom

include preparation for the obligations the State can neither supply nor hinder. (Prince v.

Massachusetts, 321 U.S. 158)

(Sample-Additional r eli gious opt out clause optional)Under the law you must get 95% of kidstested. But its wrong. It is all based on lies and deceit and greed and corruption. My faith

demands that we must fight against this. But to continue to participate in this corrupt farce is to

undermine the very core of public education. Those pushing for ever increasing testing and

accountability have made their agenda crystal clear: school closings, vouchers and eventually

privatization, turning over education to for-profit companies. Private schools run by the Catholic

Church and the Friends Council on Education are not for profit; they do not participate in this

testing; their students receive a great education. For-profit schools run by large Educational

Management Organizations (EMOs) have a dismal record, but that is the next step as more and

more schools fail to meet AYP as we approach 2014. Eventually all schools will be closed down,

reorganized and ultimately turned over to private for-profit EMOs. We are told that private for-

profit companies can do a better job than you and others who are committed to public education

because of the free market. The free market resulted in scandals ranging from Halliburton and

Blackwater in Iraq, to the Enron debacle, to the recent outrage in our own backyard with private

for-profit prisons for kids. When our tax dollars are involved, greed and corruption run rampant

in the free market.

In summary, I believe high stakes tests are harmful to my child socially, emotionally and

physically, and diminish his or her opportunities to attend a public school where he has been

guaranteed the right to a quality education.

Please think about your role in this and if there is anything you can do to take a stand against the

Big Lie that is NCLB and RtTT and high-stakes standardized testing which threaten the future of

the children you serve.

Sincerely,

Jane and John Doe, Concerned Parents

Rhode Island Resources and Organizations

The Providence Student Union(see providencestudentunion.org), a group of well-organized highschool students, has been exceptionally effective in making the case that requiring a certain score

on the NEPAC as a condition of high school graduation is inappropriate and unfair. From

administering a version of the test to public figures, many of whom did quite poorly and said so,

to wearing ears and whiskers as protests of their status as guinea pigs in the present test-crazy

climate, they focused public attention on the issue. They also showed up en masse and gave

eloquent testimony at State House hearings and other public events. Their succinct Education


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Platform expresses their interests in wider education issues that they may take up now that the

NECAP battle is won.

Parents Across Rhode Islandis a volunteer grass-roots network created by parents. As they

describe their mission: Our goal is to stop the misuse and negative consequences of high-stakes

standardized testing in the State of Rhode Island and across the country. We believe that everychild deserves to be educated to the best of their abilities. The one-size-fits-all notion of

standardized testing prevents that from occurring. Our children deserve better.

www.parentsacrossri.org Maintained by Jean Ann Guliano, the site provides an excellent

compilation of education-related/test-related news and discussion. It is particularly concerned

with the plight of learning disabled students and English language learners in this era of

standardized testing.

Rhode Island ACLU: Executive Director, Steven Brown, has taken strong positions in

opposition to high-stakes testing, in opposition to the NECAP test as a graduation requirement,

in opposition to the inconsistent and poorly publicized waiver system devised by RIDE andCommissioner Gist, and in opposition to the lack of public discussion of testing policies by the

state Board of Education. Seehttp://www.riaclu.org/legislation for a summary of the ACLUs

successful legal actions against the board.

Rhode Island KIDS COUNT: rikidscount.org Supported by the Rhode Island Foundation, other

local and national foundations, corporate sponsorships, and individual donations, this group

consistently backs Commissioner Deborah Gist on educational issues and seems to be

enthusiastic about CCSS and standardized testing. The group collects and disseminates data on

the well being of Rhode Islands children and advocates for and facilitates the development of

responsive programs. The web site is useful for tracking R.I. legislation relating to child welfareand education.

Coalition to Defend Public Educationis a group of teachers, parents, and retired teachers, most

of whom live in Providence, opposed to high-stakes testing, the privitization of education, and

the strong corporate influence on local and national educational policy.

Rhode Island Badass Teachers (BATS)is an active group which subscribe to the mission

statement of the national organization: This is for every teacher who refuses to be blamed for

the fai lu re of our society to erase poverty and inequal i ty and refuses to accept assessments,

tests, and evaluations imposed by those who have contempt for real teaching and learning.

Facebook groups of parents, teachers, and community members against the Common Core

State Standards Initiative and PARCC standardized testing:

Rhode Island Collapse the Coreand Stop Common Core groups were founded by concerned

parents, some of whom refused the PARCC field tests in Spring 2014 and have expressed the

intention of refusing the tests proper when they are administered for the first time during the
http://unitedoptout.com/http://unitedoptout.com/http://unitedoptout.com/http://www.parentsacrossri.org/http://www.parentsacrossri.org/http://www.riaclu.org/legislationhttp://www.riaclu.org/legislationhttp://www.riaclu.org/legislationhttp://www.parentsacrossri.org/http://unitedoptout.com/


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2014-2015 school year. The big question is what punitive consequence will follow from such

refusals.

The Smithfield group is taking up the possibility of the town schools rejecting the CCSS with its

local Board of Education.

Collapse the Core (Cumberland, RI)

Collapse the Core (Smithfield, RI)

Collapse the Core (Pawtucket, RI)

Collapse the Core (Woonsocket, RI)

Stop Common Core in Rhode Island

State Specific Watch-List

Rhode Island Commissioner of Education Deborah Gist, Ed.D.is a founding member of Jeb

Bushs Chiefs for Change, which supports test-based accountability, charters, vouchers, and

other market-based strategies. She is a graduate of the Broad Superintendents Academy and a

strong supporter of Secretary Duncans educational policies. She is on the executive committee

of PARCC. In 2012, she was a winner of aBrian Bennett Education Warrior Award from

Democrats for Education Reform, a supporter of corporate reform.

Eva Marie Mancusois Chair of the Rhode Island Board of Education. All board members, as

well as the position of chair, were appointed by Governor Chafee. A staunch supporter of

Commissioner Gist and her policies, Mancuso has been generally dismissive of teacher and

student groups. As the ACLU suits indicate, she seems uninterested in discussing education

issues with teachers, students, or the general public.

The Providence Journal: The editorial/op ed pages of the states only daily newspaper seem to

define teachers as union members and scold and denigrate them at every opportunity. Editor Ed

Achornsanti-union sentiments are well known. The Journal takes educational reform at face

value, responding, for example, to the General Assemblys recent moratorium on standardized

tests scores as high school graduation determinants with an editorial titled Undermining

educational reform. To its credit, the ProJo haspublished rebuttals to the self-serving writings

of reformersby opponents such as Rick Richards, Carole Marshall, and Ken Fish.

RI Futureis a progressive political blog that strives to speak truth to power, stick up for the

oppressed and ignored and tell interesting and entertaining stories about the Ocean State. It

includes articles on education in the ocean state by well known figures like Providence

Coucilman Sam Zurierand ACLU DirectorSteven Brownas well as other lively and
http://unitedoptout.com/http://unitedoptout.com/http://unitedoptout.com/http://www.dfer.org/edwarrior/http://www.dfer.org/edwarrior/http://unitedoptout.com/


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independent writers. Discussion comments by regular readers are often interesting and extensive.

http://www.rifuture.org/about#sthash.fxS2SpKy.dpuf

Carole Marshalls Stubborn Hopeis a book about her experiences as an urban teacher at Hope

High School in Providence. Focused on her students, this is a blessedly non-ideological

description of how the present testing regime can alienate the very students that it purports tohelp.https://www.smashwords.com/books/view/384330

http://www.amazon.com/Stubborn-Hope-Memoir-Urban-

Teacher/dp/1495353206/ref=sr_1_1?s=books&ie=UTF8&qid=1404500858&sr=1-

1&keywords=stubborn+hope

Representative Gregg Amore submitted a bill(2014- H-7095)creating a commission to study

and evaluate the department of education's standardized testing based on common core

curriculum, which will advise and make recommendations to the governor and the general

assembly as to the adequacy and efficiency of such standardized testing. Further, the department

of education shall not administer any assessment developed by the assessment of readiness for

college and careers, or any similar assessment, prior to the submission of the final report by the

commission to the governor and the general assembly. Co-sponsoring the bill in the House were

Representatives John J. DeSimone, William W. OBrien, Eileen S. Naughton and Grace Diaz.

The companion bill in the Senate is 2014Senate Bill - 2135.The sponsors were Senators Adam

Satchell, Catherine Cool Rumsey, William J. Conley, Jr., Harold M. Metts, and Gayle Goldin.

This bill did not pass in the recently ended legislative session. Hopefully it will be resubmitted in

the next session.
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