A reader wrote to ask for advice. The situation she describes is outrageous. Does anyone know of a group that can help her fight this and protect her child?
I am a special education teacher and mother of a 3rd grader with Autism. I am trying to excercise my parental right to opt my son out of high stakes testing in New York State. These tests are detrimental to all children, but even more so for children like my son who will not be able to read the exam or understand why he is being asked to do something that he cannot hope to be successful with.
Imagine his confusion and frustration. Presenting a child with a test that is not developmentally appropriate and is inaccessible due to his or her disability is not only educational unsound, but morally as well.
I have been told that my son will be tested against my will if he walks through the door on any day within the testing window. The only way to opt him out is to keep him home for 12 days.
This violates his right to a free and appropriate education and is tantamount to educational blackmail. I have contacted our state and local representatives, the ACLU and The Autism Society.
Can you recommend any other advocacy groups that might be able to help us or offer any words of advice?

In Oregon, most special ed. students take the regular tests. For those within a year of grade level, this is valid.
For those with severe disabilities, they take the extended assessment. This is a political action to ensure that all students take a test. For some, it may have a degree of validity.
For special ed. students between these two levels, they are discriminated against. Their tests are not valid. The best we can do is to make it as quick and painless as possible.
My advice: if the student can use a mouse, have him take the test in a private setting. Click through the options, then go do something fun and worthwhile.
If you are forced to play the game, play it on your own terms.
I see a lot of comments here about complaining to the ACLU, hiring a lawyer, or demanding and IEP meeting. If you want to help your kid, don’t do any of those things (at least, not to start).
Instead, talk to your child’s special ed. teacher. Express your concern. See if he or she “gets it.” Will this allow your child to opt. out? Probably not. But you can find some agreement to make it work.
If not, then do the other things. Appealing to the heart of the teacher, however, is always the best way to go first.
Unfortunately those things have been done, and it is not a decision that the teacher can make. The NYS DOE demands that all students be tested unless they have an IEP driven alternative assessment which less than 1% of students qualify for.
I’m sorry to hear that. I have a feeling, though, that this is an opportunity for you to launch a protest movement. You are not alone. I hope to see you and your son on the news. I want to see a petition to the White House. I want to have an end to this madness.
I agree with much of what has been posted–particularly the advice (jcgrim) to schedule an IEP meeting ASAP and bring an advocate. I also wonder, since no one has suggested it yet, whether homeschool provisions might be helpful or useful to you. I wouldn’t want your child to spend 6 days without valid educational programming–so, if they cannot guarantee him FAPE for these days because the rest of the school is going to be testing, could you homeschool him for those days so he is guaranteed appropriate educational experiences that would not count as absences from school? Alternatively, i would request some provision for his education during the “opt out” time so his current IEP is not violated.
I highly recommend that your child takes the state assessments. If your child is alternate assessment, the child will only have an IEP diploma upon graduation. The IEP diploma is only appropriate for students with really severe disabilities (IQs that are really low – below 65). There is not much after graduation from high school that your child can do. CAN’T go into the military, CAN’T be enrolled in a degree program in college, CAN’t vote, CAN’t ….
No one likes the state testing but it’s better than the alternative. At my child’s school the special ed teacher is pushing for students to be alternate assessment even when it is not appropriate.