By: Michelle Croft and Richard Lee
ACT Research and Policy

Despite (or because of) the federal requirement that all students in certain grades participate in statewide achievement testing, stories of parents opting their student out of the testing gained national attention in the media in the spring of 2015. Ultimately, twelve states—California, Colorado, Connecticut, Delaware, Idaho, Maine, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin—received a notice from the U.S. Department of Education that they needed to create a plan to reduce opt-outs due to low participation rates.

When statewide testing came in spring 2016, there were more stories of opt-outs, and information about districts failing to meet participation requirements will follow in the coming months.3 Early reports from New York indicate that 21% of students in grades 3–8 opted out in 2016, which was slightly more than the prior year. (See attached PDF below for reference information.)

Participation Rate Requirements

The Elementary and Secondary Education Act (both the No Child Left Behind and the Every Student Succeeds authorizations) requires that all students annually participate in statewide achievement testing in mathematics and English in grades 3–8 and high school as well as science in certain grade spans. Ninety-five percent of students at the state, district, and school level must participate; otherwise there is a range of consequences.

Under the No Child Left Behind authorization, the school would automatically fail to meet Adequate Yearly Progress if the school—or subgroups of students within the school—did not meet the participation rate requirement. The Every Student Succeeds Act (ESSA) provides states with greater flexibility to determine how to incorporate the participation rate into the state’s accountability system. However, in proposed regulations, the state will need to take certain actions such as lowering the school’s rating in the state’s accountability system or identifying the school for targeted support or improvement, if all students or one or more student subgroups do not meet the 95% participation rate.

Michelle Croft is a principal research associate in Public Affairs at ACT. Richard Lee is a senior analyst in Public Affairs at ACT.

Email research.policy@act.org for more information. © 2016 by ACT, Inc. All rights reserved. MS489

http://www.org/policy-advocacy

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