Monday, February 22, 2016

The "Refuse the AMP" Sample Letter

Refusal/Opt Out of ESSA Testing--- Sample letter for Alaska



I am the legal parent/guardian  of _________________________ at ___________________________
                                                      (Child's name)                                  (School/District)


I am refusing to consent to my child being administered the Alaska Measures of Progress (AMP) in the 2015-2016 academic year. 

Without my consent, the data from the Alaska Measures of Progress, along with other information in the Online Alaska Student Information System (OASIS) is being given, without my consent, to the Alaska Commission on Post-secondary Education. From there, the data is being shared with other entities. Commissioner Hanley gave assurance in May 2015 that the data would no longer be shared and the P-20W grant would expire. However, a recent presentation in Juneau by ACPE indicates that the ANSWERS project is alive and well. This data sharing and tracking of students continues, despite assurances otherwise made by the Commissioner in May 2015. This violates my child's right of privacy under the Alaska Constitution and violates my right as a parent.
Furthermore, the Alaska Department of Education and Early Development has not provided any documentation showing the validity of the AMP test.  In the 2014-2015 academic year, the test scores did not provide educators with any useful information in a timely fashion. With less than 20% of the state testing at the proficient level, it seems there are major problems with the test as a measure of student progress. This is not a metric I want on my child's permanent record. 

The Alaska Department of Education and Early Development is eliminating the test in subsequent academic years. This means that if there are any results, there will be no basis of comparison. Therefore, there is no benefit to my child for taking the test. 

As the parent, I have the right to refuse the test without retribution to myself or my child. That right was recognized in hearings before the Alaska Senate by outgoing School Board President Esther Cox and in October 2015 by Commissioner Hanley. The right to refuse is also included in the 2014 AMP District Test Coordinator Manual, page 112, and by the Alaska State Senate Education Committee.

The right of the parent flows from the Due Process clause of the 14th Amendment in Meyer v Nebraska (262 U.S. 390, 402) and upheld in Prince v. Massachusetts, (321 U.S. 158). Constitutional law has greater weight than Alaska's Administrative Code. 

While the District may be obligated to make sure 95% of all students are tested, the new federal law allows states to determine how that calculation is made and how the sanctions are determined. Since the Commissioner is already on the record that there will be no retribution, it would be difficult for any school to be penalized over the 95% rule. 


__________________________________
Parent Signature & Contact Information

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