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

Testing opt-out/refusal guide for: LOUISIANA

Form completed by Ann Burruss - updated July, 2014

Contact information (email) lafayetteann@gmail.com

NOTE: The ability of the state to procure PARCC tests is under litigation as of July, 2014. It is not clear if tests will be PARCC or modified LEAP/iLEAP, or even if tests will be available in time for testing in the spring of 2015. The assumption is that tests will be available and will be CCSS-aligned.

LIST OF ASSESSMENTS:

iLEAP - grades 3, 5, 6, 7 – norm referencedLDOE annual assessments webpage says:http://www.louisianabelieves.com/assessment/annual-assessments:

In 2014-2015, students in grades 3-8 will take annual assessments in English language arts and mathematics that are fully aligned to the Common Core State Standards. These assessments are being developed collaboratively by Louisiana and a coalition of states called the Partnership for Assessment of Readiness for College and Careers (PARCC). Students across all of these states will be using identical assessments which will allow Louisiana to benchmark its progress against other states.

LEAP - grades 4 & 8 – criterion based and tied to standardsAccording to the LDOE annual assessments webpage:http://www.louisianabelieves.com/assessment/annual-assessments:

The state has rules regarding the LEAP scores a student must earn to progress to 5th and 9th grade. However, for the next two years, districts will have more flexibility to make decisions based on additional academic indicators as the state transitions to new assessments. Learn more about Louisiana’s transition policy proposal.  

According to the LDOE transition policy proposal webpage: http://www.louisianabelieves.com/docs/common-core-state-standards-resources/transition-faq.pdf?sfvrsn=2

"According to the proposed transition plan, educators and students will take the next two years (13-14 and 14-15) to learn the new expectations. In 2015, student scores on PARCC will be used as the baseline for accountability to determine the appropriate timeline for raising the bar in order to meet the 2025 goal. "

Alternate Assessments LAA1 & LAA2 are for students with Individual Education Plans (IEPs)According to the LDOE alternate assessment webpagehttp://www.louisianabelieves.com/assessment/alternate-assessments This is not a legal document. It is for informational purposes only.Template revised: 7.29.14

LAA1:Students with the most severe cognitive disabilities are eligible to take the LEAP Alternate Assessment Level 1, known as LAA 1. The assessment is based on Extended Standards which capture the core academic content of academic standards.

Students in 3rd through 8th grade and 10th grade are assessed in English language arts and math. Students in 4th, 8th and 11th grades are assessed in science.

Students who take the LAA 1 may receive a Certificate of Achievement, not a high school diploma.

LAA2:

Students with persistent academic difficulties who meet specific participation criteria are eligible to take the LEAP Alternate Assessment Level 2, known as LAA 2. The assessment has fewer questions, less reading and writing, different scoring rubrics, and a modified format with fewer items on a page with larger print.

Students in 4th and 8th grade are assessed in English language arts, mathematics, science and social students. Students in 5th through 7th grade are assessed in English language arts and mathematics. Students in the 10th grade are assessed in English language arts and mathematics, and students in 11thgrade are assessed in science and social studies. Students may take the LAA 2 in all subjects or just some subjects, based on their Individualized Education Plan (IEP).

Students with disabilities who have passed two End-of-Course tests may be eligible for a waiver of the third exam required for graduation. Also, students eligible for LAA 2 may choose to take the LAA 2 tests to meet graduation requirements if they do not pass the End-of-Course tests.

DIBELS Next - Dynamic Indicators of Basic Early Literacy SkillsAccording to the LDOE's DIBELS Next webpage:http://www.louisianabelieves.com/assessment/dibels-next

Louisiana law (R.S. 17:182) and the mandate of the State Board of Elementary and Secondary Education (SBESE) require administration of an early reading assessment by all public elementary schools enrolling K–3 students. The assessment that has been approved by SBESE for this purpose beginning in the fall of 2011 is the Dynamic Indicators of Basic Early Literacy Skills 7th Edition, (DIBELS Next).  

DIBELS Next must be administered to kindergarten, first, second, and third graders three times per year during official benchmark assessment periods.  All children who were enrolled during the scheduled benchmark assessment period must be assessed with DIBELS Next, EXCEPT:

Students who are deaf or who are visually impaired and read with braille, for whom the Department of Education has recommended alternate assessments and provided assessment guidelines.

Students with severe cognitive disabilities, who were assessed with DIBELS Next during Kindergarten and for whom DIBELS Next has been found to be inappropriate.

EOCT - End of Course Testing (high school)The LDOE End of Course test webpage states:http://www.louisianabelieves.com/assessment/end-of-course-tests

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High school students take End-of-Course tests in six subjects: Algebra I, Geometry, English II and III, Biology and U.S. History.Beginning in 2013-14, students will take End-of-Course tests in English language arts and mathematics that are aligned to Common Core State Standards.

End-of-Course tests comprise between 15% and 30% of the student’s final grade in the subject. School districts determine the percentage. For students who were eligible for the LEAP Alternate Assessment, Level 2 (LAA 2) prior to taking their first End-Of-Course exam, the End-of-Course exam score counts for 5% of their final grade.

ACT-Prep TestsAccording to LDOE Explore, Plan, ACT webpage:http://www.louisianabelieves.com/assessment/explore-plan-act

Students in 8th through 11th grade will take a series of assessments, including EXPLORE, PLAN and ACT, to ensure students are on track to graduate from high school on time and with the knowledge and skills to succeed in college and challenging 21st century careers. These tests assess student achievement of English, reading, math and science. Students earn a score in each subject and a composite score which reflects all subjects. These rigorous and nationally comparable assessments are a key tool to prepare for Common Core assessments, specifically as they allow for consistency in the measurement of college and career readiness from year to year.EXPLOREStudents in 8th and 9th grades will take EXPLORE. This test is scored on a scale of 0 to 25.PLANStudents in 10th grade will take PLAN. This test is scored on a scale of 0 to 32.ACTStudents in 11th grade will take the ACT, or American College Test. This test is scored on a scale of 0 to 36. The state average is 20.1 points.

English Language Development Assessment (for learners of English as a second language)According to LDOE webpage:http://www.louisianabelieves.com/assessment/english-language-development-assessment

The English Language Development Assessment is aligned to Louisiana’s English language development standards and is composed of tests for four grade clusters (K-2, 3-5, 6-8, 9-12) in four language domains (listening,  speaking, reading, and writing).  Test results are used to report annual progress and attainment of English proficiency for Limited English Proficiency students.

PARCC (2014-15) According to LDOE PARCC webpage:http://www.louisianabelieves.com/assessment/parcc

In order to prepare students for Louisiana's economy, our state is raising expectations for students. As a part of this transition, students in grades 3-8 will take the PARCC test beginning in the 2014-15 school year. 

OPT OUT STRATEGY CONSIDERATIONS FOR SPECIFIC ASSESSMENTS

iLEAP

This is not a legal document. It is for informational purposes only.Template revised: 7.29.14

Grades 3 and 5-7 are not high-stakes years. Promotion is not tied to passing the test. Since the 2014-15 school year is mired in controversy and legal action over the use of PARCC and CCSS-aligned tests, and since LDOE has declared it a 'transitional year', this may be an excellent year to opt students out of iLEAP testing.

LEAP

The only assessments that appear to be mandated by law are the LEAP for 4th and 8th grade.

Louisiana revised Statutes 17:24.4 F(4)(a)

Fourth and eighth grade students shall be required to demonstrate proficiency on such tests in order to advance to grades five and nine, pursuant to rules adopted by the State Board of Elementary and Secondary Education in accordance with the Administrative Procedure Act. Such proficiency levels shall be set with reference to test scores of students of the same grade level nationally.  The department shall establish, subject to the approval of the State Board of Elementary and Secondary Education, the nature and application of various intervention options in the case of a failure to demonstrate proficiency, which may include remediation, retention in grade, an alternative placement in succeeding grades, or any other option which will support a student's achieving the required proficiency level.

Louisiana revised Statutes 17:24.4 G(4)(a)

Those students who fail to meet required achievement levels on the state administered standards-based assessments of the Louisiana Educational Assessment Program shall be offered education programs designed to accelerate progress that comply with regulations adopted by the State Board of Elementary and Secondary Education.  Such programs shall include, at a minimum, the offering of a summer school remediation program to all students who do not meet the minimum achievement level necessary to be fully promoted to the fifth or ninth grade as established by the State Board of Elementary and Secondary Education rule.

Louisiana revised Statutes 17:24.4 G(4)(c)(i-iv)

(c)  Local school boards may require students who fail to meet the required achievement level on a test necessary for promotion to the next grade to attend a remediation program, including requiring attending the summer remediation program, but shall exempt from such summer program any student whose parent or guardian signs a form which states, at a minimum, all of the following:(i)  That such parent or guardian understands that the student has failed to meet the required achievement level for promotion to the next grade.(ii)  That a summer school remediation program is being offered by the district to improve the skills of students who have failed to meet the required achievement level.(iii)  That the parent or guardian will take the responsibility of remediation to help the student improve his skills necessary for meeting the required achievement level on the test.(iv)  That the student will not be fully promoted to the next grade level unless a retest is taken and the student obtains the required achievement level.

LDOE transition plan:http://www.louisianabelieves.com/docs/common-core-state-standards-resources/transition-faq.pdf?sfvrsn=2

"According to the proposed transition plan, educators and students will take the next two years (13-14 and 14-15) to learn the new expectations. In 2015, student scores on PARCC will be used as the baseline for accountability to determine the appropriate

This is not a legal document. It is for informational purposes only.Template revised: 7.29.14

timeline for raising the bar in order to meet the 2025 goal. "

and for 2014-15 regarding 4th grade promotion they state:

"Schools always determine student promotion based on grades, attendance, etc. However, the state also has rules regarding the LEAP scores a student must earn in order to progress to 5th grade, as outlined in Bulletin 1566. These rules will not change. However, for the next two years, districts will be given more flexibility to make decisions based on additional academic indicators beyond the LEAP test as the state transitions to the new assessments "

"At the end of the 13-14 school year, if a district feels a 4th grade student who does not earn “passing” scores on the LEAP is academically ready to move to 5th grade based on their performance throughout the year, the district can apply for a waiver from the state. At the end of the 14-15 school year, due to a delay in test scores resulting from the administration of new assessments, all promotion decisions for 4th grade students shall be made according to a district’s pupil progression plan. "

and for 2014-15 regarding 8th grade promotion they state:

"Starting with the 13-14 school year, the 8th grade test-passage retention standard will become a remedial standard. Students who do not pass the LEAP in 8th grade may receive remediation at the high school in a transitional ninth grade instead of being retained on the middle school campus. This will provide students both the academic support they need to continue to progress to high school and the ability to learn with their peers. "

Title 28 Bulletin 1566 Pupil Progression Policies and Procedures Chapter 7. 701 (b)https://www.boarddocs.com/la/bese/Board.nsf/files/9DPS5U6CC1FD/$file/AGII_5-1_Bulletin1566_Revisions_Dec2013.pdf

"At the conclusion of the 2014-2015 school year, due to a delay in test scores resulting from the administration of new assessments, placement decisions for fourth and eighth grade students shall be made according to local pupil progression plans, which shall outline the evidence of student learning used to make promotion decisions. Such evidence shall include, but not be limited to, performance on classroom assignments or benchmark assessments."

Since the 2014-15 school year is mired in controversy and legal action over the use of PARCC and CCSS-aligned tests, and since LDOE has declared it a 'transitional year', this may be an excellent year to opt students out of the high-stakes LEAP testing.

There are other promotion paths described in LDOE's transition plan and in Bulletin 1566. Students who can demonstrate to their districts that they are successful through "additional academic indicators" of their "performance on classroom assignments or benchmark

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assessments" (for example) can be promoted in accordance with district pupil progression plans.

Alternate assessments LAA1 and LAA2

A new law passed on 2014 will change the ways that students with IEPs may form their Graduation Plans. To opt out of testing, parents should work closely with IEP teams and district administrators to ensure that their student can get the diploma or certificate that is desired.

The federal DOE may be moving in an opposite direction. Secretary of Education Arne Duncan may work to promote more students with IEPs being required to take the same assessments as non-IEP students.

See Special Education and Parental Rights http://www.louisianabelieves.com/academics/students-with-disabilities

DIBELS Next

This test is administered three times per year to children in K-3 grade. Parents who wish to opt their child out should discuss with teachers, school level and district administrators about how your child can be evaluated for reading skills in an alternate manner.

End of Course Testing (high school)

This test does make up a significant portion of the students grade in up to six courses and is currently required for graduation. It may be difficult to opt a student out of these tests. Please check graduation requirements carefully and work with teachers, guidance counselors, school and district administrators if you would want to opt a student out.

See LDOE High School Graduation Requirements - http://www.louisianabelieves.com/academics/graduation-requirements

ACTIt is not clear that these tests are a requirement. High schools have an incentive to have as many students take the test as possible because a grade considered not passing earns a high school 110 points, and a grade considered passing earns a high school 150 points.

English Language Learning

It is not clear that this test is a requirement.

PARCC

In the 2014-15 school year LDOE intends to administer PARCC to all 3-8 grade students. It appears that this is in lieu of LEAP/iLEAP and will be used to establish a benchmark. The 2014-15 year is a therefore an ideal year to opt out.

This is not a legal document. It is for informational purposes only.Template revised: 7.29.14

GENERAL OPT OUT STRATEGY CONSIDERATIONS

Pupil Progression PlanThe State Education Agency is required to develop a Pupil Progression Plan for review. Each agency may have slightly different procedures related to retention, advancement, promotion, and graduation.

http://www.louisianabelieves.com/docs/default-source/special-school-district/ppp-addendum-template.pdf?sfvrsn=8

Other Opt Out PossibilitiesOther options that have worked in other states include: 1. Refusal for religious reasons2. Refusal to sign the internet agreement at the BEGINNING of the year (this will work best once PARCC is put in place and all testing moves to computers) 3. Withdrawing the child before the test and re-enrolling them once the testing is complete.

Current Legislation

There is none available at this time

Urgency for opt-out/refusal

The 2014-15 school year is a transitional year for the integration of CCSS-aligned tests, originally planned to be PARCC assessments. The procurement of this test is being litigated and there are several lawsuits pending. This may be an ideal year to opt students out of standardized testing.

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 of

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

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. 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.

This is not a legal document. It is for informational purposes only.Template revised: 7.29.14

Sample language to include in opt-out/refusal

This is one possible example. Tailor a letter to your child's needs.

Dear Principal _______________ and ____________ Parish Superintendent,

My child (name) is in ___ grade for the _____ school year at ___________ (school). I am writing to inform you that I refuse to have my (child/children) take part in the LEAP, iLEAP, DIBELS, PARCC (indicate which test or tests, or if for all use the following also) or any other forms of standardized testing that will be administered this school year.

______ (child) is neither permitted to take the listed assessments during mandated testing days nor during designated make-up sessions. Additionally, during the testing time, I am requesting that the school make accommodations for meaningful alternative activities or assignments that will continue to promote his/her academic and intellectual growth. My child will not be in attendance if academically viable alternatives are not available. Furthermore, I must be guaranteed in writing that whatever option is taken, either alternative assignments or absence, my child will not face any negative consequences to, for example, course grades, social or behavioral evaluations, workload, promotion, or future classroom assignments.

OPTIONAL ---Use text here from assessment descriptions above to support your reason for opting out of a specific assessment or assessments. (other methods of demonstrating progress, etc.)---

In lieu of the listed assessments 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 or teachers.

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 control their children's 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)

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Strict adherence to multiple standardized assessments, including the extensive classroom preparation that occurs prior to test administration, prevents my child from receiving a well-rounded and engaging educational experience. Until focus on testable skills diminishes to a reasonable extent, I will continue to withhold my child from participation in the testing program, and I ask that you honor that decision.

Thank you for your attention to this matter.

Sincerely,

Name ______________________date _______________contact information ______________________________

Resources and organizations

Crazy Crawfish blog http://crazycrawfish.wordpress.com/

Karran Harper Royal https://www.facebook.com/pages/Karran-Harper-Royal-Education- Advocacy/121987134562006

Journey to Justice http://blogs.clarionledger.com/jmitchell/ Geaux Teacher http://www.geauxteacher.net/2013/03/opting-out-of-standardized-testing-is.html

State specific watch-list

Bobby Jindal http://www.aft.org/newspubs/news/2013/030513louisiana.cfm

inBloom http://crazycrawfish.wordpress.com/tag/inbloom/

Students First Louisiana http://www.studentsfirst.org/page/group/LouisianaforEducationReform

Additional or miscellaneous information

There is none available at this time

This is not a legal document. It is for informational purposes only. Template revised: 7.25.14

This is not a legal document. It is for informational purposes only.Template revised: 7.29.14