One  point to add to this  press release from NYSAPE: Chancellor Farina apparently told parents at a recent  District 1 Town Hall  that schools with high opt out rates  wouldn't be considered as Reward Schools and thus would be ineligible to  apply for certain awards.  
Yet the Reward school program has been eliminated and replaced by something called Recognition schools in the new state ESSA plan, and the rules for eligibility and potential grants, if any, haven't yet been determined.
Yet the Reward school program has been eliminated and replaced by something called Recognition schools in the new state ESSA plan, and the rules for eligibility and potential grants, if any, haven't yet been determined.
FOR IMMEDIATE RELEASE: March 6, 2018
More information contact: 
Lisa Rudley (917) 414-9190; nys.allies@gmail.com
New York Schools will NOT be Penalized for High Opt-Out Rates, Contrary to Misleading Claims
Since  New York State’s Every Student Succeeds Act (ESSA) plan won federal  approval, some school district officials, administrators, and advocacy  groups have conveyed considerable misinformation about the plan,  especially as it relates to students who refuse the State’s ELA and math  tests in grades 3-8. 
Lisa  Rudley, Westchester County public school parent and NYSAPE founding  member said, “It is disturbing that anyone, especially those who serve  children, would intentionally misinform parents and rob them of the  information needed to make informed decisions for their children. By  using scare tactics and misinformation to suppress opt outs, these  individuals and groups are also curtailing parental rights. This is NOT  what the Board of Regents and NYSED had in mind when writing the State’s  ESSA plan.” 
Dr.  Michael Hynes, Long Island Superintendent, added, “I believe it is our  duty as school superintendents to ensure our parents know the true  information regarding their rights to opt out their children for grades  3-8 state assessments. For any school educator to lead parents into  believing they don't have this fundamental right is to act against what  they were sworn to uphold as a leader in their community.” 
NYC  public school parent Kemala Karmen added, “In New York City,  representatives of the NYCDOE and even the Chancellor herself have made  claims about the consequences of ESSA-era opt out that are patently  false. I get that the state’s plan, which runs to over 200 pages, is  complicated. However, that doesn’t give the NYCDOE license to speculate  on its details and make things up. Shame on them for baseless scare  mongering and shame, too, on the media outlets that simply repeat false  claims without bothering to dig any deeper.” 
According to the New York ESSA plan, NYSED will calculate a school’s proficiency rate in two ways: 
1)  with participation rate factored in, based on 95% of continuously  enrolled students, and counting all opt-out students as having achieved  an arbitrary level 1 score. This score is for calculation purposes only and will NOT be assigned to any individual student who opts out; and 2) a more accurate evaluation, with proficiency rate based on the actual number of students tested. 
Deborah  Brooks, co-founder Port Washington Advocates for Public Education,  explained, “Congress legislated the 95% participation rate in direct  response to school actors engaging in the malfeasance of systematically  excluding low-performing and/or special needs students from the state  assessments. The participation rate was always about prohibiting such  systematic exclusion and was never about prohibiting parents from  exercising their right to refuse the assessments on behalf of their  children. Accordingly, punishment is appropriate when and only when  a school or district engages in systematic exclusion of children, and  not when participation is low due to parents exercising their legal  rights.” 
The  Board of Regents has assured the public that only the higher of these  two calculations will be used for state accountability purposes, so that  no school will be identified as low-performing simply because of its  high opt-out rate, and no students will be judged as failing because  they refused to take the state exams. 
In  addition, the approved New York ESSA plan clearly states that the only  schools that must develop a multi-tiered plan to raise participation  rates are those whose low participation rates were determined to have  resulted from school staff or district officials preventing or excluding  students from taking the exams.  Schools whose low participation  rates resulted from students opting out based on their parents’ choices  will NOT be required to develop any such plan.
"For  parents to become strong advocates for their children and partners  with their leaders, it is vital that we receive effective communication  and that the information we receive is accurate. Parents deserve and  expect this, and I am extremely angry that we continue to be misinformed  and uninformed," Eileen Graham, Rochester parent and Black Student  Leadership Organization founder.
Chris  Cerrone, a school board trustee, NYSAPE founding member, and parent  from Western New York, echoed this sentiment, “Despite media reports to  the contrary, a local school district or school that has high opt outs  because of parent advocacy, cannot be punished under the New York ESSA  plan.” 
Jeanette Deutermann, NYSAPE founding member and leader of Long Island Opt out, expanded on that statement. “Schools  and districts with high opt-out rates will not lose money, drop in  rankings, or be put on any failing list according to the State’s ESSA  plan.  Despite the claims of lobbying organizations such as HANY,  districts on Long Island with high opt-out numbers have seen a steady  increase in real estate values over the past five years, demonstrating  that parents value districts and schools that respect  their rights to decide whether their children will take the tests.  Not  surprisingly, these are also the districts and schools that put children  first,” she pointed out. 
Jamaal  Bowman, parent and Bronx school principal, summed it up: “Opting out  does not equal failure. Opting out does not lead to a decrease in  funding. Opting out is simply a parent exercising his/her right as a  citizen; parents should have a say in their child’s education. With  aspects of this new ESSA policy, parents continue to be  disenfranchised.” 
#OptOut2018 Test Refusal Letter: English and Spanish
NYSAPE is a grassroots coalition with over 50 parent and educator groups across the state.
NYSAPE is a grassroots coalition with over 50 parent and educator groups across the state.
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