There are no provisions in state or federal regulation that allow Delaware to have a system for parents to refuse student assessment. In addition, state and federal laws are clear that there is an expectation that all students will participate in the state assessment system. The only instances in which students can be excludedrelate to exemption requests. Only two reasons are allowable for requests for exemptions: extreme medical incidents or for reasons of mental health of the child (each requires documentation from a physician).
The reality is there is no state law that specifically addresses parents opting their child out of state assessment test. NOTHING!!!!!!!!!!!
DE DOE links this section in the law as some kind of proof State Code: http://delcode.delaware.gov/title14/c001/sc04/index.shtml . TITLE 14 Education Free Public Schools CHAPTER 1. DEPARTMENT OF EDUCATION Subchapter IV. State Assessment System Security and Violations pertains to cheating, falsifying information and test data. There is NOTHING in this section of the law addressing refusal of taking the state assessment tests!
The Delaware Department of Education selected this section of the law as notation because the text is scattered with the word “violation” and that “violation” is not connected to anything associated with opting out or refusing to take state assessment tests.
I urge the Delaware PTA to confront this issue with DE DOE and ask they remove the misleading webpage information and link. Also, I urge Delaware PTA to communicate to parents that there is nothing in Delaware state law that indicates refusing to take the state assessment by parents or students is illegal or refers to penalties or consequences! The Delaware Department of Education communication is pure BULLSHIT!