Common Core Opt Out Page 2

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Below are excerpts of Ohio Revised Code that answer the majority of questions arising from parents
who are participating in the current 2014 Fall K-8th grade Opt Out effort. The response from many
local superintendents and principals to parents’ opt out requests are earning them the reputation as
the new school bully. The threats and means of retaliation are extremely egregious when one
considers these individuals represent the only education choice most families have. That is simply
inexcusable. The public education system exists under our authority and at our expense.
Remember, you are the only one who is exclusively advocating for your child. If parents stand strong
and stand together, we will save our children’s future. Our children are counting on us.
The following points pertain to the text that is highlighted within the following code.
1) There is an option to utilize an alternative standardized reading assessment. Why are superintendents
badgering parents over a fall test which does not determine 3rd grade retention? Why are they not
discussing alternatives given the parent’s concerns of excessive testing and their child’s particular
circumstances? Why if there is no disability beyond language acquisition, is a child with limited English
promoted to fourth grade that is not proficient for fourth grade work? How do they rationalize such a decision
to promote that student in light of retaining a student who far exceeds the promoted limited English
classmate but has fallen short on one high-stakes test with questionable validity?
2) Ohio is a member state of the national PARCC assessment consortium (Partnership for Assessment of
Readiness for College and Career). Ohio’s 2015 spring assessments will be the new PARCC assessment.
Code calls for assessments that are created with input from Ohio parents. Parents should request the list of
fellow parents that were involved in the creation of PARCC to confirm it meets code.
3) All state sponsored annual assessments are for the purpose of assessing skills at the end of the grade
level. How can a fall reading test opt out automatically translate to retaining a student? The code is clear that
the measure is of “end of grade” skill following the year's instruction. If the spring PARCC or OAA results will
not be known until after the school year ends, how can a district claim they will be retaining a child at this
point in the year? Are they not violating the very code they are using to threaten parents?
4) "The board of education of each school district shall administer…" The state mandate to administer does
not extend to a mandate that the child participate. The child does not have to take the test. Administering the
test fulfills their obligation, and code exists that addresses testing refusals.
5) The district has the choice, except for the certain conditions of third grade, whether or not to promote a
student (in K-8th) who does not take an administered assessment. Any district acting in the best interest of
the child would defer to the parent, teacher and principal. Again, if the child's interest were the priority, the
bullying of parents would be replaced with an honest discussion and solution for the child.
Ohio Revised Code Relating to K-8th grade assessments and the Third Grade Reading Guarantee
3313.608 Fourth grade reading capability.
(2) Beginning with students who enter third grade in the 2013-2014 school year, unless the student is excused
under division (C) of section 3301.0711 of the Revised Code from taking the assessment described in this
section, no school district shall promote to fourth grade any student who does not attain at least the
equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised
Code on the assessment prescribed under that section to measure skill in English language arts expected
at the end of third grade, unless one of the following applies:
(a) The student is a limited English proficient student who has been enrolled in United States schools for
less than three full school years and has had less than three years of instruction in an English as a second
language program.
(b) The student is a child with a disability entitled to special education and related services under Chapter
3323. of the Revised Code and the student's individualized education program exempts the student from
retention under this division.
(c) The student demonstrates an acceptable level of performance on an alternative standardized
reading assessment as determined by the department of education.

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