ReThinking Testing’s Response to the “How to handle test opt
out requests” Alert
to the NYSSBA By the New York State Association of School Attorneys
Recently, the NYS Association of School Attorneys sent a legal alert to many NYS Boardof Education Members.These are confusing times and much information andmisinformation is being disseminated. While the memo repeats portions of what NYSEDregulations assert and what the state has already said, it also ignores other portions ofNYSED regulations and makes assertions that are open to interpretation. NYSED,teachers and parents are finding themselves in a new situation and there are manyunknowns. Therefore we have made every attempt to ensure that we are able to attributeinformation that we put out to credible sources.
To that end, we will provide you withlinks to the actual NYSED sources so that you may read them and draw your ownconclusions.In reference to the NYS 95% testing mandate, the memo states:
"If a district does not reach this level of p
articipation, it will not make “Adequate Yearly Progress”(AYP), and a district’s Title I funding will be affected. In addition, there may be intervention
consequences for districts that fail to meet AYP."
As per a May 2012 memo to school district superintendents from
Ira Schwartz,Assistant Commissioner Office of Accountability,
“If a school is not identified as a
Priority School in June 2012, it will not be so identified during the 2012-13, 2013-14, or 2014-2015 school years. Similarly, if a district is not identified as a Focus District in
June 2012, it will not so be identified during the waiver period.”
Title 1 money is not lost. Rather, 15-20% is put into a "setside" for special improvement projects. What these projects are remains vague.You can find that information here: