Nine states and the District of Columbia had turned in their state plans for the Every Student Succeeds Act as of Monday evening, according to an Education Week survey of states. One tricky issue states have to address in those plans is how to deal with schools where less than 95 percent of all students take required state exams.
Under ESSA, states are allowed to have laws on the books affirming parents’ right to opt their children out of these tests. But ESSA also requires that states administer these tests to all students with sanctions kicking in if the participation rate falls below 95 percent and meaningfully differentiate schools based on participation rate in some fashion. Just how states address this issue if the participation rate of all students (or a subgroup of students) at a particular school falls below 95 percent is up to them.
The opt-out movement sprang up in the last several years as part of a broader resistance to testing, and has been particularly strong in states like Colorado, New Jersey, and New York…
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