Sen. Kaminsky, Colleagues Call On Feds To Eliminate Rule That Punishes Opt-Outs

New York State Senator Todd Kaminsky (D-Long Beach), joined by senate colleagues, called on the Trump Administration to eliminate a regulation within the Every Student Succeeds Act (“ESSA”) that requires states to deny specific federal funding to any school district having a student opt-out rate of more than 5 percent for mandated standardized testing.

In the letter, Kaminsky, joined by Senator George Latimer (D-Westchester) and John Brooks (D-Seaford), explained that, “The Department of Education’s implementation of regulation §200 will, simply put, require States to deny specific federal funding to any school district when more than 5 percent of the students opt out of Standardized Testing. These regulations clearly intend to punish schools and children when concerned parents opt their children out of the tests.”

“Schools should not be punished when parents and students exert their right to opt out of standardized tests,” said Kaminsky. “This regulation is a significant overreach by the federal government that fails to account for the legitimate concerns of those who worry that testing has become a one-size-fits-all mentality. Instead of trampling on local school districts, the federal government should be supporting their efforts and the efforts of states to improve our education system.”

ESSA was passed with broad bipartisan support to replace the No Child Left Behind Act, an attempt, in part, to reduce the role of the federal government in education. Standardized testing participation requirements remain, however, and can be used to block funds for schools with a significant number of parents who decide to opt their children out of the testing requirements.

Senator John Brooks said, "It is simply wrong to deny schools their funding for low testing participation rates," Brooks said. "Our schools and students deserve the best resources possible and that should never be withheld because parents and students have opted out of excessive testing."

Photo: Senator Todd Kaminsky's Office