STAAR Testing OPT OUT FAQs

Posted Date: 04/24/2023

FREQUENTLY ASKED QUESTIONS

“OPTING OUT” OF STATE TESTING

Jefferson ISD campus and district administrators often receive questions from the community about “opting out” of state testing. The intent of this response is to provide clarification of the state law and provide transparency regarding state testing requirements so that parents can make informed decisions about STAAR testing.

Jefferson ISD fully respects and acknowledges requests to have students “opt out” of STAAR testing; however, under state and federal laws, the district is unable to honor this type of request because it is not an option offered in Texas.

1) Does a parent have the right to “opt out” his/her child from STAAR testing?

No - Texas does not have opt-out provisions for assessments required under Texas Education Code 39.023(a). This subchapter calls for “all students” to be assessed in math (grades 3-8), reading (grades 3-8), social studies (grade 8), science (grades 5 and 8), and high school EOCs (English I, English II, Algebra I, Biology, and U.S. History). In addition, Texas public schools are required to provide all students who are in attendance during the administration (including make-up testing days) an assessment with an opportunity to participate in the test. Consequently, school districts do not have a choice as to whether they administer state tests, End-Of-Course (EOC) tests, or STAAR assessments to all their students; they are required to do so by Texas law. If a school district does not abide by the law, the district is required to report this violation to the Texas Education Agency and thus, face consequences for those actions.

2) How do parental rights outlined in Texas Education Code Chapter 26.010 apply to state testing?

Texas Education Code Chapter 26 addresses parental rights and responsibilities and states that a parent is “not entitled to remove the parent’s child from a class or other school activity to avoid a test or to prevent the child from taking a subject for an entire semester.” This section goes on to explain that it “does not exempt a child from satisfying grade level or graduation requirements in a manner acceptable to the school district and the agency.” 

3) What are the consequences of missing school during the test administration?

A student who fails to come to school on the STAAR or STAAR EOC test days may be considered truant under the compulsory attendance laws, and a parent may commit the offense of contributing to nonattendance, depending on how many days the student has been absent. Similarly, a student who fails to attend class more than 90 percent of the days the class is offered may not receive credit or a final grade for the class, unless certain conditions are met.

4) Are there consequences for JISD if my student does not take the STAAR?

STAAR is used to determine students’ progress within the curriculum as well as campus and district accountability ratings. When students do not participate in state assessments but attend school during the testing window, their tests are still scored, resulting in a failure for each applicable assessment. When students are absent for the entire testing window, this impacts the district’s participation rate. Under the Every Student Succeeds Act (ESSA), participation percentages below 95 percent face potential consequences from the state. 

5)  Are there consequences for my student if he/she doesn’t take STAAR?

• Grade advancement: While a passing score on STAAR is no longer required for a student to advance to the next grade level, scores on state assessments must be considered as a factor in promotion (see Texas Education Code 28.021(c)).
   

• Accelerated instruction: Students who do not participate in STAAR (due to refusal or absences) miss the opportunity to perform satisfactorily on the applicable exams. Failure to achieve satisfactory performance results in 30 hours of required intervention in each of the aligned subject areas (see Texas Education Code 28.0211(a-1)). Interventions can be offered in the summer (see Texas Education Code 28.0211(a-4) and/or may require the student to attend school before or after regular school hours (see Texas Education Code 28.0211(a-2)). Attendance is subject to compulsory attendance requirements when interventions are provided during the regular school day. When interventions are provided during the school day, attendance is required.  Attendance is subject to compulsory attendance requirements when interventions are provided during the regular school day. When interventions are provided during the school day, attendance is required.
   

• High school graduation: To earn a high school diploma, students must earn satisfactory performance on five end-of-course (EOC) exams (see Texas Education Code 39.025). Students may be eligible to meet graduation requirements using substitute assessments; however, a qualifying score on the substitute assessment must be earned while the student is enrolled in the corresponding high school course in conjunction with other criteria (see Texas Administrative Code 101.4002). Additionally, students are only eligible for the substitute assessment pathway after unsuccessful participation in the STAAR EOC.

6) What are parent options?

We know that standardized testing is a sensitive topic for many parents and, as

noted above, we respect these viewpoints on this subject.

Parent options are:

• Support your child’s participation in state testing.

• Withhold your child from school during the testing window. With this option, please be aware of compulsory attendance rules (see Texas Education Code 25.093 and Texas Family Code 65.003).

• Send your child to school during the testing window, acknowledging that the appropriate STAAR exam will be administered to your student. If your child refuses to test, the test will be submitted for scoring. 

Per TEA, districts must provide all eligible students with the opportunity to test. If a

student refuses to test, the district is obligated to submit the lowest possible score

for the student, which will trigger other state-required obligations to provide the

student with accelerated instruction.

7) Who do I contact at my child’s school for additional information?

Please contact the District Testing Coordinator (Lynn Phillips) or your campus principal (Amanda Henry–JES, Tim Phy–JJHS, Jerry Brannen–JHS) for additional information.