Frequently-asked or important questions about refusing the tests in NM
1. Will my high school student be kept from graduating if they refuse the EOC or SBA?
Unfortunately, this is a district-level decision. This year, policy allows local districts to make the decision about what measures of competency allow a high school student to receive a diploma of excellence, rather than a certificate of completion. Santa Fe and Albuquerque have drafted what they will allow, and others are now starting to talk about it.
PED’s requirements are very narrow and require EOC tests, which are not currently written by local teachers, are full of mistakes (admitted by PED), and cannot be accessed by teachers, students, or parents before or after the test is taken. This makes those tests invalid for the purposes we’re told they are being used.
It’s very important that high school juniors and seniors (and parents) speak to a guidance counselor about their options for graduation.
2. Are there consequences for my child if he/she refuses the test?
There are no policies anywhere that list any consequences for children in K-7 who refuse. In fact, since Congress supports the idea that parents hold the ultimate responsibility for their children’s educational path, it would be a very bad idea to attempt to punish a child for refusing a test.
In fact, the PED test administration manual spells out how parent refusals should be handled. Nowhere does it suggest consequences for children. Only a few cases of sanctions against children were reported during the NY Refusal Movement, and those cases went to court and ended with principals losing their jobs.
3. Can 8th graders who are taking high school level courses refuse their EOCs?
As is true for high school students, if an eighth grader is taking a class for high school credit, he or she should contact the guidance counselor at the high school to which credits will be transferred. At this point, high school graduation requirements are determined at the local district level. Alternative demonstrations of competency can be taken, but it should be determined how that will affect the diploma status.
4. What happens to teachers if a bunch of their kids refuse the tests?
There is no documentation to answer this question anywhere. According to a verbal answer given by Matthew Montano, Director of PED Teacher Evaluation, there will be no effect on teacher evaluations. If you notice, there is no measurement or category in teacher evaluation instruments that are meant for participation.
What I and Montano have pointed to is how the overall test scores would be affected if certain students refused. For example, if kids who test well refuse those tests, then the teacher’s proficiency score may go down, but the growth scores may actually increase.
In any case, when more than 5% of students refuse the tests, it invalidates the results. We will push to make that case. Also, teachers, schools, and parents can work together to determine what good alternative assessments can replace the EOCs.
5. How will a teacher be evaluated if I refuse the test? Does the teacher automatically receive the school’s grade?
As mentioned above, if 5% or more of the students refuse, it invalidates the test for the purpose of evaluation. Although there is no policy stating so, this may result in a teacher receiving the school grade. The one place that PED suggests this may be the case is in their explanation of VAM score calculations.
6. How does this affect the school’s grade if I opt out?
If 5% or more of students in a school refuse the NMSBA, the school grade may drop by one letter. This makes absolutely no sense, and is mandated for all states by the United States Education Secretary, Arne Duncan. It’s simply a way to pressure and threaten schools to participate in high-stakes testing.
7. How do I opt out? Do I have to give the form to the teacher, principal or file it with the district?
Read the first document in the Resources tab: How Do I Refuse the Tests? It’s a very comprehensive guide. (You can also scroll down to the next article to see it online.)
8. Do I need to fill out the opt out form for every class or just one time? Do I need to fill out the opt out form for each series of tests (Fall SBA and Spring SBA) or just one time in the year?
You will only to need to submit one form per child per year to the testing coordinator of the district. If you do not have a Parent Refusal form, you can get one from the school, or from page 63 of the NM Statewide Assessment Program Procedure Manual under the Resources tab.
It is strongly suggested that you let every teacher and principal know of your refusal, also, just so they aren’t surprised on testing days.
9. Someone asked on the radio call in yesterday, does it save our state money if my child opts out?
In the short term, not much money will be saved. Testing mandates at both Federal and state levels require a test to be created and administered for each student. Additionally, the contracts between PED and private testing publishers have already been created. However, there will be some money saved, since each refusal represents a test that does not need to be graded, which is a process that gets expensive.
Once we’ve made our statement loud and clear enough, we can call for much less or no standardized testing (since it doesn’t help our students at all). Cutting down on testing promises savings of millions of dollars to New Mexico schools.
10. If any, what kind of opt-out information can teachers distribute to parents? Is there or could there be a standard letter of options regarding testing that could be sent out to parents by a teacher?
The most important point to remember is that PED will charge teachers who “coach” their students to opt out with “ethics violations.” When a teacher is outside of contract time and off of school grounds, speech is protected (please consult your union rep for support, just in case).
APS board members have suggested that teachers are allowed to talk to parents about the numbers of tests, the types of tests, and how long they will take. Parents should also know that the tests are not helpful in informing instruction or helping teachers teach, but those topics should be discussed off contract time.
11. What are the advantages of opting out?
First and foremost, it relieves our kids of the stress of performing well on flawed and invalid tests that do not help them succeed. It also relieves students of the stress of performing well with the intent of “helping” their teachers.
Second, it sends the strongest message possible that we do not accept these punitive and flawed reform mandates, and that we will not participate in education reforms that hurt our kids, their teachers, and their schools.
For more good reasons for opting out, read the comments section of this article.
12. Does a student have to complete an alternate assignment if they don’t take the EOC?
This question is currently being researched...
13. Where can I find the paperwork I need to fill out in order to opt my child out? Does APS and/or other districts have it on their webpage and if so, where is it?
This question is answered in #8 above. APS’s refusal form can also be accessed on the Resources page. In addition to the form, it’s a strongly suggested that you submit a personalized refusal letter (samples can be found on the Resources page).
14. If my child does not take a standardized test, what will he or she do while others are taking it? Can he or she still attend school and will the teacher/school provide instruction and activities for my child to partake in?
According to the NM Statewide Assessment Program Procedure Manual, the school will be responsible for providing alternative activities for students who refuse the tests. It’s very important that the student does not touch or write on the test answer documents or does not begin any computerized assessments.
Be proactive! Offer to volunteer at your child's school to assist with those alternative activities, if you are able. This action takes some pressure off of the school personnel and solidifies your appreciation for all they do! (Thanks Maraka Williams for this idea!)
15. The Parent Refusal Form has some pretty scary language right before the signature line. Is any of it true? Should I be worried?
Right before you sign a Parent Refusal Form, you see the list of scary things that will be your responsibility. Let's look at those.
1. Will my high school student be kept from graduating if they refuse the EOC or SBA?
Unfortunately, this is a district-level decision. This year, policy allows local districts to make the decision about what measures of competency allow a high school student to receive a diploma of excellence, rather than a certificate of completion. Santa Fe and Albuquerque have drafted what they will allow, and others are now starting to talk about it.
PED’s requirements are very narrow and require EOC tests, which are not currently written by local teachers, are full of mistakes (admitted by PED), and cannot be accessed by teachers, students, or parents before or after the test is taken. This makes those tests invalid for the purposes we’re told they are being used.
It’s very important that high school juniors and seniors (and parents) speak to a guidance counselor about their options for graduation.
2. Are there consequences for my child if he/she refuses the test?
There are no policies anywhere that list any consequences for children in K-7 who refuse. In fact, since Congress supports the idea that parents hold the ultimate responsibility for their children’s educational path, it would be a very bad idea to attempt to punish a child for refusing a test.
In fact, the PED test administration manual spells out how parent refusals should be handled. Nowhere does it suggest consequences for children. Only a few cases of sanctions against children were reported during the NY Refusal Movement, and those cases went to court and ended with principals losing their jobs.
3. Can 8th graders who are taking high school level courses refuse their EOCs?
As is true for high school students, if an eighth grader is taking a class for high school credit, he or she should contact the guidance counselor at the high school to which credits will be transferred. At this point, high school graduation requirements are determined at the local district level. Alternative demonstrations of competency can be taken, but it should be determined how that will affect the diploma status.
4. What happens to teachers if a bunch of their kids refuse the tests?
There is no documentation to answer this question anywhere. According to a verbal answer given by Matthew Montano, Director of PED Teacher Evaluation, there will be no effect on teacher evaluations. If you notice, there is no measurement or category in teacher evaluation instruments that are meant for participation.
What I and Montano have pointed to is how the overall test scores would be affected if certain students refused. For example, if kids who test well refuse those tests, then the teacher’s proficiency score may go down, but the growth scores may actually increase.
In any case, when more than 5% of students refuse the tests, it invalidates the results. We will push to make that case. Also, teachers, schools, and parents can work together to determine what good alternative assessments can replace the EOCs.
5. How will a teacher be evaluated if I refuse the test? Does the teacher automatically receive the school’s grade?
As mentioned above, if 5% or more of the students refuse, it invalidates the test for the purpose of evaluation. Although there is no policy stating so, this may result in a teacher receiving the school grade. The one place that PED suggests this may be the case is in their explanation of VAM score calculations.
6. How does this affect the school’s grade if I opt out?
If 5% or more of students in a school refuse the NMSBA, the school grade may drop by one letter. This makes absolutely no sense, and is mandated for all states by the United States Education Secretary, Arne Duncan. It’s simply a way to pressure and threaten schools to participate in high-stakes testing.
7. How do I opt out? Do I have to give the form to the teacher, principal or file it with the district?
Read the first document in the Resources tab: How Do I Refuse the Tests? It’s a very comprehensive guide. (You can also scroll down to the next article to see it online.)
8. Do I need to fill out the opt out form for every class or just one time? Do I need to fill out the opt out form for each series of tests (Fall SBA and Spring SBA) or just one time in the year?
You will only to need to submit one form per child per year to the testing coordinator of the district. If you do not have a Parent Refusal form, you can get one from the school, or from page 63 of the NM Statewide Assessment Program Procedure Manual under the Resources tab.
It is strongly suggested that you let every teacher and principal know of your refusal, also, just so they aren’t surprised on testing days.
9. Someone asked on the radio call in yesterday, does it save our state money if my child opts out?
In the short term, not much money will be saved. Testing mandates at both Federal and state levels require a test to be created and administered for each student. Additionally, the contracts between PED and private testing publishers have already been created. However, there will be some money saved, since each refusal represents a test that does not need to be graded, which is a process that gets expensive.
Once we’ve made our statement loud and clear enough, we can call for much less or no standardized testing (since it doesn’t help our students at all). Cutting down on testing promises savings of millions of dollars to New Mexico schools.
10. If any, what kind of opt-out information can teachers distribute to parents? Is there or could there be a standard letter of options regarding testing that could be sent out to parents by a teacher?
The most important point to remember is that PED will charge teachers who “coach” their students to opt out with “ethics violations.” When a teacher is outside of contract time and off of school grounds, speech is protected (please consult your union rep for support, just in case).
APS board members have suggested that teachers are allowed to talk to parents about the numbers of tests, the types of tests, and how long they will take. Parents should also know that the tests are not helpful in informing instruction or helping teachers teach, but those topics should be discussed off contract time.
11. What are the advantages of opting out?
First and foremost, it relieves our kids of the stress of performing well on flawed and invalid tests that do not help them succeed. It also relieves students of the stress of performing well with the intent of “helping” their teachers.
Second, it sends the strongest message possible that we do not accept these punitive and flawed reform mandates, and that we will not participate in education reforms that hurt our kids, their teachers, and their schools.
For more good reasons for opting out, read the comments section of this article.
12. Does a student have to complete an alternate assignment if they don’t take the EOC?
This question is currently being researched...
13. Where can I find the paperwork I need to fill out in order to opt my child out? Does APS and/or other districts have it on their webpage and if so, where is it?
This question is answered in #8 above. APS’s refusal form can also be accessed on the Resources page. In addition to the form, it’s a strongly suggested that you submit a personalized refusal letter (samples can be found on the Resources page).
14. If my child does not take a standardized test, what will he or she do while others are taking it? Can he or she still attend school and will the teacher/school provide instruction and activities for my child to partake in?
According to the NM Statewide Assessment Program Procedure Manual, the school will be responsible for providing alternative activities for students who refuse the tests. It’s very important that the student does not touch or write on the test answer documents or does not begin any computerized assessments.
Be proactive! Offer to volunteer at your child's school to assist with those alternative activities, if you are able. This action takes some pressure off of the school personnel and solidifies your appreciation for all they do! (Thanks Maraka Williams for this idea!)
15. The Parent Refusal Form has some pretty scary language right before the signature line. Is any of it true? Should I be worried?
Right before you sign a Parent Refusal Form, you see the list of scary things that will be your responsibility. Let's look at those.
- Significantly limit the assessment information available to teachers and school administrators. Refusing the tests does get rid of of that data. However, remember that your child's teachers can't use or even see most of the data that comes from standardized tests. A teacher's MOST useful assessment data is the information he or she gets from assessing your child in the classroom, not on a state-mandated test.
- Impair instructional planning for my child. Again, this is just false. Teachers plan instruction based on how children are doing in their classrooms, not on multiple-choice tests. Teachers get data every minute of every day on how they should plan instruction. To suggest that they need state test data to do their jobs effectively is not only untrue, it's insulting.
- Jeopardize the school's accountability rating because this rating is based in part on participation rates for testing. This one is true, since a 5% refusal rate could result in a school letter grade drop. This is addressed in other parts of this FAQ and website. A letter grade means next to nothing in the context of a school's ability to educate or its ability to receive funding. School letter grades are a shallow attempt to reward/punish schools, and it's completely invalid and flawed.
- Jeopardize a teacher’s evaluation rating because the assessment scores contribute to his/her evaluation. This one is not necessarily true. First of all, a teacher will not be penalized because students opt out. Second, the data from refusals may be skewed depending on who opts out.