Parents in Kentucky who want to opt out have been warned that their children will face severe disciplinary consequences. Some have turned to United Opt Out for help.
This is what UOO says:
“The Kentucky Dept. of Education has stated that schools will not provide alternative activities during testing time. They have stated that students may be subject to discipline under school or district policies including the code of conduct or behavior. Some districts are stating that absences due to test refusal will be considered unexcused.
“Enough is enough. It is time to rise up and refuse these corporate high stakes tests as an act of civil disobedience which is necessary when children are being harmed via unjust laws.
“We emailed Mr. Todd Allen who is the Assistant General Counsel of the Kentucky Department of Education to get further clarification on the potential disciplinary actions.
“We asked:
“We at United Opt Out National have been receiving requests from Kentucky parents asking for support with opt out. We have been told that opt outs may result in disciplinary action. Could you clarify what “disciplinary actions” mean and give examples? We are also wondering, within school codes of conduct, is such disciplinary action for parent refusal of student testing listed – and if so, can you give an example?
“While we recognize that KY ed. statute states that students are required to test we also recognize that a child cannot be forced to test. A child can be given an opportunity to test and can refuse this opportunity with parental guidance. We will be creating a post to support KY parents with opt out/refusal of tests and would like clarification on potential disciplinary actions that might occur so that we can refer our parents to the best avenue of support and share accurate information with our media contacts in Kentucky.
“Mr. Allen responded:
“Thank you for your message. Codes of conduct, behavioral codes and discipline policies are established at the local district and school level. Therefore, parents should contact their individual district/school for any applicable disciplinary actions in the event a student refuses to participate in mandatory testing.
“Our recommendations (this is not legal advice, it is simply suggestions based on our experience with supporting parents across the nation with opt out/test refusal):
“Begin by emailing your opt out letter to your child’s principal and state that you are refusing the test for your child.
“If you plan to keep your child at school during testing time state that you will be sending your child with books and other activities during testing time. Get confirmation of where your child will be during testing time and make certain that your child is allowed to have the alternative activities with him or her in this location (some schools are keeping students in the testing room, others are finding other places for the opt out students). If you feel it is necessary, go to school with your child on the first testing day to physically observe that your opt out/refusal request has been accepted and that your child is in a safe place where he or she can engage in alternative activities.
“If you plan to keep your child at home during testing time state that you will expect these absences to be excused because there is no learning occurring in the school and your child has been denied a right to a public education during these testing days. State that if your child’s absence is counted as unexcused that you will recognize this as a violation of your First Amendment rights and your parental rights. State that you will be filing a civil rights complaint and that you will contact the media and an attorney. Also state that your child is not to be tested during makeup testing when your child returns to school.
“Request (or look it up online now) a copy of the behavior codes/disciplinary policy and ask for the exact code which states disciplinary action for a child as a result of a parent’s decision to refuse to allow a child to be tested. If they give you an exact code which does state a disciplinary action we recommend reporting this to social services and the police as a form of harassment and bullying and ask them to investigate this disciplinary policy. Contact your school board and your superintendent as well. Let the school know you are reporting this information and state that under no circumstances is your child to be disciplined for parent refusal of testing.
“If your child is indeed at school during testing time make sure your child has your parent refusal letter on his/her body at all times. Make certain that your child knows to hand the letter to anyone who attempts to place a test in front of the child. The letter must also state that if anyone attempts to test your child, your child is expected to call you, the parent or guardian, immediately. State that if your child is forced to test you will call the police, social services and the media. These high stakes corporate tests are educational malpractice. Our children are being forced to labor for the corporations in our public schools today. If we do not stop this test and punish system quickly, more children will be failed, more schools will be shut down and the cornerstone of our democracy, public schools, will soon be gone…..
“Ultimately, remember this – by refusing these tests, we are saving public schools, saving the teaching profession and reclaiming real learning for our children. Opt out/test refusal is just the first step in taking down corporate education reform. All children deserve a whole education in equitably funded public schools. Exercise your right to speak up, opt out and join the revolution that is occurring across the country. We stand with you.”
Read the post to learn how to file a civil rights complaint on behalf of your child.

Wow, I think I just fell in love. How does Kentucky get lucky enough to have this man as their Assistant General Counsel in the education department? Just, wow.
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They don’t. 😦 See my comment below.
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Thanks for the clarification, though you just broke my heart. Brutal world we live in.
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Still, check out “Days in the life of Kentucky’s commissioner of education” at http://kyedcommissioner.blogspot.com/
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Well Done. ONLY with sufficientpublic outcry can this nonsense be stopped. I started yelling way back when “A Nation at Risk” raised its ugly head.
Nothing much was done. It continues to get worse and worse.
Our history tells us, sadly, that freedom comes with a price, sometimes a heavy one
and
the longer the nonsense goes on the worse it gets and the more difficult to overcome. Some people have paid a heavy price, even their lives, for their freedom.
Our cause is JUST, it is an imperative if democratic idealism is to survive.
Thank God there are people who are leading the fight and many have the intellect, writing skills, and background to lead the fight.
I for one honor them.
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Diane,
A minor punctuation change will clarify that this long statement is not from the KY Dept of Ed lawyer but from United Opt Out. After Allen’s brief statement a closing quotation is missing. Instead it reads like the rest of the statement is his also and is totally on the side of opt out parents. If only!
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Oh, rats! Jilted again! 😦
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It’s not clear in Diane’s post, but the AG response was only that first paragraph (ending in “parents should contact their individual district/school for any applicable disciplinary actions in the event a student refuses to participate in mandatory testing”). The remainder was written by United Opt Out, I believe.
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The irony of having those who would force tests on students charged with bullying is pretty incredible…and, yet, not really off base.
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United Opt Out has really done their homework!
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A high school here in Illinois has posted a letter on it’s web site saying students are NOT ALLOWED TO OPT OUT at all. I don’t know what the consequences are but I’m pretty sure they can’t decided that for parents.
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I didn’t know any states were using the Common Core tests for grade promotion. In fact, I believe I was told over and over they were “not high stakes for students”.
Were all parents told that?
“Only three states will be using this spring’s Common Core-aligned test to regulate grade promotion: Florida, Mississippi and Wisconsin.”
http://hechingerreport.org/stakes-for-high-stakes-tests-are-actually-pretty-low/
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“Parents have been told that their children must make a good faith effort to complete the state assessment to the best of their ability.”
How will THE STATE enforce this??? What will parents do to ensure that their children are making a “good faith effort?” CAN parents ensure their children are making an effort? No. What will teachers be required to do next? Glue pencils in students’ hands and put blinders on them to concentrate on only the paper? Maybe we can bribe the kids with candy or money. This is absolutely ridiculous.
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“They teach far more than formulas or phonetics. They’re selling hope, sparking imaginations, opening up minds” —Obama
I don’t know- at what point does this yawning disconnect between the reality and rhetoric of the ed reform “movement” just become too wide to paper over? 🙂
Grim, grim, grim.
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“And most states have no plans to use the scores to make student advancement decisions.”
But three states already are using the tests to make student advancement decisions, so actually the truth is none of the promoters have any earthly idea how the tests will be used.
The public will find out at some undetermined point in the future. Maybe.
“Not high stakes for students” is BS.
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New York State is developing Common Core Regents Exams. The students must pass five exams in order to graduate (which is why the graduation rates have dropped in some districts). In January, the CC Algebra Regents had both regular Algebra (9th grade course) and Advanced Algebra (11th grade course) questions. Luckily there is still the regular Regents Exam they can take.
Advanced eighth graders may end up taking three math assessments this year.
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This is O/T but you-all might be interested,
Looks like Paul Vallas is breaking with the Obama/Emanuel privatization push in Chicago. It’s not a big break, but he’s contradicting some “movement” dogma here:
http://www.chicagobusiness.com/article/20150429/BLOGS02/150429761/paul-vallas-has-a-radical-fix-for-chicago-schools
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What is the organizational structure of UOO, and from where is their source of funding?
In NYState:
Here is the chance for the Union to show its real colors about children. Local Opt Outs has done all of the heavy lifting for them. Will it be about the “implementation” of how they (and teachers) are being dumbed down? Visit your school and see how children’s writings are NOT on the walls in the classrooms or schools; or how many can write in cursive. Writing, as well as speaking, is a revolutionary act and the State is looking to suppress it with publishers handouts and “graphic organizers” with obtuse questions, unlike the schools of the power class. “Such textual alienation ‘de-powers’ one in a society, which values literacy.” (Cambourne, 1988) “Young learners actually believe that they are capable of learning ANYTHING until they are convinced other wise” (Smith, 1981).
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Joseph,
The organizational structure of United Opt Out is simply 8 directors, a website, a facebook page and a commitment to never compromise on the fact that standardized tests are harmful relics of the eugenics movement and that corporate education reforms must be totally dismantled.
Tim
One of 5 original founders of UOO.
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Oh, and our funding typically comes from our own pockets. Listen here for more. http://www.blogtalkradio.com/bustedpencils/2015/04/19/united-opt-out-astroturf-or-grassroots
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I’ve suggested this before and will probably do it many more times.
Home school your children during the whole testing window. Go to the school and fill out the home school form(s) so that you may home school them-take them to parks, museums, the beach, the river, the mountains-make it a real hands on learning experience. Then after the testing window is passed re-enroll them for the rest of the year. The school will not be able to do anything to your child for missing the time. The added bonus is that it’s a pain in the ass for them to process all the paperwork-tough luck for them!
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Excellent suggestion it’s the only way out of the disaster that has been created. I agree with you one hundred percent.
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Luckily the school district I live in was very accommodating to opt out students this year.
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In March the Michigan Department of Education released a memorandum saying “…
there is no official ability in state or federal law for parents to have their child
‘opt out’ of the assessments, without counting against their school and district’s
participation rates.” This intentionally misleading statement is being distributed by the Michigan Education Association under the headline “MDE Says No Parent Opt Outs for Standardized Testing.”
I ran into this same thing several years ago when we first began opting out our daughters from the MEAP. Back then the statement was something like “There is no official process for opting out from state testing.” Sounds like you can’t opt out, but it just meant there was no official process to follow.
As recently as March 17, a representative of the MDE acknowledged that “…under both federal and state law (Michigan School Code 380.10) you are fully within your rights to refuse participation in state assessments.” Darn right I am.
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This is revealing of Arne Duncan’s thinking. So this is all about civil rights? How ironic is this?
“As for opt-outs, Duncan said, “states are supposed to work with districts” on meeting a requirement in the NCLB law that 95 percent of students participate in tests. “But if states don’t do whatever then we have an obligation to step in… this is really about not just an assessment…it’s about a civil rights issue.”
Read more: http://www.americanthinker.com/blog/2015/04/education_secretary_arne_duncan_makes_threat_if_testdodgers_dont_comply.html#ixzz3YlDOET3x
Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook
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I’m just thinking about young children, eight or nine, even ten or eleven year olds, being placed in this “tug-o-war” by the school district administrators.
The letter from home should be enough – they shouldn’t be forced to justify their parents actions. And school officials shouldn’t even consider bullying youngsters into taking the exam after they have opted out.
Of course, outside Buffalo we had a district that tried bribery. They promised better grades on their report card if the student took the exam.
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“they have stated that students may be subject to discipline under school or district policies including the code of conduct or behavior.”
If only kids could be subject to discipline when they’re major disciplinary problems.
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My daughter’s teacher showed my daughter her scores from 5th grade today which showed she was proficient in Math then looked at her and said,”
I was really surprised to see that your’s showed proficient in Math because you sure aren’t showing that this year”
I am one upset mother!!!!
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Perhaps the teacher was a little blunt, but this surely shouldn’t have been news to you (her class grades would have been a clue). How your daughter does on her day to day work might not be a true indication of her abilities, but it is what she is showing her teacher. (My daughter put only half an effort into Algebra but got a hundred on the Regents final. Her teacher was quite upset because he realized that she had fooled him about her capabilities. She went on to get a college degree in math).
I would request a conference with this teacher to find out what is happening so you can “nip any problems in the bud” and ready your child for next year.
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