NH Families for Education is Seeking Legal Statements -- Upholding Parental Right to Refuse Objectionable Assessments

Parents are being told by school administrators that their written requests to Refuse or Opt-Out their child from the Common Core-aligned Smarter Balanced assessments are not valid. This is false. It's deliberate intimidation of parents and it must be stopped!

NH Families for Education is looking for a few good attorneys to write statements, upholding the well established right of parents to direct the education of their children, including the refusal of a school administered assessment. Parents have refused to allow their children to take assessments for years in New Hampshire.

This is a well established tradition, one that the NH Department of Education has documented and tracked. "Parent Refusals" can be verified on the NH Department of Education's own website:

 

NH Families for Education would like to help stop these efforts to isolate and intimidate good parents, acting in the best interests of their children. As such, NHFFE is looking for legal statements that can be shared with parents in their fight to protect their children.

Parental/Student Privacy and Smarter Balanced Assessment "REFUSAL" Form

Superintendents should stop intimidating and bullying parents when they use notification forms to Opt Out their child or Refuse to allow their child to participate in the Smarter Balanced Assessment or any assessments that a parent deem objectionable.

Parents should report any School Superintendent or Principal who violates their parental fundamental right to refuse to allow their child to participate in any assessment, or including any privacy issue listed on the form.

Superintendents, and principals should be careful not to violate a parent's fundamental right to direct the education of their child.  Please bring any legal concerns to your attorney or share your concerns with NH Families For Education at NHFamiliesforEducation@gmail.com

The Student Privacy Protection Opt-Out Request form is made available as a general reference and guide for concerned parents. This website does not provide legal advice. Nor is the Student Privacy Protection Opt-Out Request form intended as a substitute for legal advice. Furthermore, no attorney-client or confidential relationship is created or implied by use of the information therein.

Click on the Refusal form attached below:

November 2014

Vol. 5, Issue 11

A must-watch video for parents

 
 
This is a powerful video made by parents and educators.  
 
 
 
Take 20 minutes to watch it, and then:
 
  • Share the video with your friends: 
  • Contact your elected leaders and tell them you want Common Core eliminated from your schools. 
  • Vote for candidates that will eliminate Common Core.
 
YOU hold the key to protecting your children.  Speak up and be heard.


Clueless Kuster is a threat to NH students and teachers

 

by Ann Marie Banfield

 

 

 

mckluster

 

BOTH national teachers unions are fed  with the United States Department of Education!  The LARGEST Teachers Union called for the RESIGNATION of U.S. Secretary of Education: Arne Duncan.  WAKE UP CLUELESS KUSTER.

 

We couldn’t help but notice the recent commercial by Rep. Annie Kuster who is attacking her opponent Marilinda Garcia. Kuster criticizes Garcia for opposing the U.S. Department of Education.

The US DOE has a budget of $69 BILLION dollars. Money that could be spent on teacher salaries and in local classrooms. This is money WASTED as we can clearly see by their Common Core agenda that is being forced upon our local schools.

YES, it’s worth considering abolishing the US DOE. WHY? We have a STATE Dept of Education AND a local School Board. Why do we need ANOTHER layer of bureaucracy that siphons money from our local schools?

If you live in Kuster’s district, let her know that we do NOT appreciate the U.S. Dept. of Education waging war on our children. We do NOT appreciate their direct attack on our local teachers. They have TOO much power and we agree with Garcia, shut them DOWN.

Let’s take OUR hard earned money and stop giving it to a Dept. that uses it to bribe us and attack our teachers.

 

Also posted on Stop Common Core in New Hampshire (Face book).

October 2014

Vol. 5, Issue 10

Opting Out of Smarter Balanced Assessments under Federal Law -- "Protection of pupil rights"

Federal law does not explicitly allow parents to opt-out their children from tests or assessments.  However, federal law exempts students from being required to submit to any tests or assessments that reveals certain controversial information about the child or his family.
 

No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning—

 (1) political affiliations or beliefs of the student or the student’s parent;
 (2) mental or psychological problems of the student or the student’s family;
 (3) sex behavior or attitudes;
 (4) illegal, anti-social, self-incriminating, or demeaning behavior;
 (5) critical appraisals of other individuals with whom respondents have close family relationships;
 (6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
 (7) religious practices, affiliations, or beliefs of the student or student’s parent; or
 (8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. 

20 U.S. Code § 1232h - Protection of pupil rights

 
The psychological nature of the Smarter Balanced assessments and corresponding privacy issues are a major concern for every parent with a child enrolled in public school.
 
The authority being usurped by the state and federal education administrators via these Common Core aligned assessments completely unprecedented.
 
What's more, the Smarter Balanced assessments are different for each student using the online testing because it adjusts the difficulty of questions based on the student's responses.

This is not standardized testing.  This is customized or adaptive testing, which does not allow for student-to-student comparison nor even state-to-state comparisons.  Every child is potentially taking a different assessment. 

So what exactly is being measured? 

Is the goal simply to enable data collection of more than 400 data points including health history, family income range, voting status, psychological response during testing, and religious affiliation?

 

 

 

 
 

20 U.S. Code § 1232h - Protection of pupil rights


Current through Pub. L. 113-142, except 128. (See Public Laws for the current Congress.)

(a) Inspection of instructional materials by parents or guardians

All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.

(b) Limits on survey, analysis, or evaluations

No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning—

 (1) political affiliations or beliefs of the student or the student’s parent;
 (2) mental or psychological problems of the student or the student’s family;
 (3) sex behavior or attitudes;
 (4) illegal, anti-social, self-incriminating, or demeaning behavior;
 (5) critical appraisals of other individuals with whom respondents have close family relationships;
 (6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
 (7) religious practices, affiliations, or beliefs of the student or student’s parent; or
 (8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.

(c) Development of local policies concerning student privacy, parental access to information, and administration of certain physical examinations to minors

 (1) Development and adoption of local policies

Except as provided in subsections (a) and (b) of this section, a local educational agency that receives funds under any applicable program shall develop and adopt policies, in consultation with parents, regarding the following:

 (A)

 (i) The right of a parent of a student to inspect, upon the request of the parent, a survey created by a third party before the survey is administered or distributed by a school to a student; and
 (ii) any applicable procedures for granting a request by a parent for reasonable access to such survey within a reasonable period of time after the request is received.

 (B) Arrangements to protect student privacy that are provided by the agency in the event of the administration or distribution of a survey to a student containing one or more of the following items (including the right of a parent of a student to inspect, upon the request of the parent, any survey containing one or more of such items):

 (i) Political affiliations or beliefs of the student or the student’s parent.
 (ii) Mental or psychological problems of the student or the student’s family.
 (iii) Sex behavior or attitudes.
 (iv) Illegal, anti-social, self-incriminating, or demeaning behavior.
 (v) Critical appraisals of other individuals with whom respondents have close family relationships.
 (vi) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
 (vii) Religious practices, affiliations, or beliefs of the student or the student’s parent.
 (viii) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

 (C)

 (i) The right of a parent of a student to inspect, upon the request of the parent, any instructional material used as part of the educational curriculum for the student; and
 (ii) any applicable procedures for granting a request by a parent for reasonable access to instructional material within a reasonable period of time after the request is received.
 (D) The administration of physical examinations or screenings that the school or agency may administer to a student.
 (E) The collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose), including arrangements to protect student privacy that are provided by the agency in the event of such collection, disclosure, or use.

 (F)

 (i) The right of a parent of a student to inspect, upon the request of the parent, any instrument used in the collection of personal information under subparagraph (E) before the instrument is administered or distributed to a student; and
 (ii) any applicable procedures for granting a request by a parent for reasonable access to such instrument within a reasonable period of time after the request is received.

 (2) Parental notification

 (A) Notification of policies

The policies developed by a local educational agency under paragraph (1) shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of students enrolled in schools served by that agency. At a minimum, the agency shall—
 (i) provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in such policies; and
 (ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i), in the case of a student of an appropriate age, the student) to opt the student out of participation in an activity described in subparagraph (C).

 (B) Notification of specific events

The local educational agency shall directly notify the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when activities described in subparagraph (C) are scheduled, or expected to be scheduled.

 (C) Activities requiring notification

The following activities require notification under this paragraph:
 (i) Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).
 (ii) The administration of any survey containing one or more items described in clauses (i) through (viii) of paragraph (1)(B).

 (iii) Any nonemergency, invasive physical examination or screening that is—

 (I) required as a condition of attendance;
 (II) administered by the school and scheduled by the school in advance; and
 (III) not necessary to protect the immediate health and safety of the student, or of other students.

 (3) Existing policies

A local educational agency need not develop and adopt new policies if the State educational agency or local educational agency has in place, on January 8, 2002, policies covering the requirements of paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and guardians of students, in accordance with paragraph (2).

 (4) Exceptions

 (A) Educational products or services

Paragraph (1)(E) does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:
 (i) College or other postsecondary education recruitment, or military recruitment.
 (ii) Book clubs, magazines, and programs providing access to low-cost literary products.
 (iii) Curriculum and instructional materials used by elementary schools and secondary schools.
 (iv) Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments.
 (v) The sale by students of products or services to raise funds for school-related or education-related activities.
 (vi) Student recognition programs.

 (B) State law exception

The provisions of this subsection—
 (i) shall not be construed to preempt applicable provisions of State law that require parental notification; and
 (ii) do not apply to any physical examination or screening that is permitted or required by an applicable State law, including physical examinations or screenings that are permitted without parental notification.

 (5) General provisions

 (A) Rules of construction

 (i) This section does not supersede section 1232g of this title.
 (ii) Paragraph (1)(D) does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

 (B) Student rights

The rights provided to parents under this section transfer to the student when the student turns 18 years old, or is an emancipated minor (under an applicable State law) at any age.

 (C) Information activities

The Secretary shall annually inform each State educational agency and each local educational agency of the educational agency’s obligations under this section and section 1232g of this title.

 (D) Funding

A State educational agency or local educational agency may use funds provided under part A of title V of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7201 et seq.] to enhance parental involvement in areas affecting the in-school privacy of students.

 (6) Definitions

As used in this subsection:

 (A) Instructional material

The term “instructional material” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

 (B) Invasive physical examination

The term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

 (C) Local educational agency

The term “local educational agency” means an elementary school, secondary school, school district, or local board of education that is the recipient of funds under an applicable program, but does not include a postsecondary institution.

 (D) Parent

The term “parent” includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).

 (E) Personal information

The term “personal information” means individually identifiable information including—
 (i) a student or parent’s first and last name;
 (ii) a home or other physical address (including street name and the name of the city or town);
 (iii) a telephone number; or
 (iv) a Social Security identification number.

 (F) Student

The term “student” means any elementary school or secondary school student.

 (G) Survey

The term “survey” includes an evaluation.
(d) Notice
Educational agencies and institutions shall give parents and students effective notice of their rights under this section.
 
(e) Enforcement
The Secretary shall take such action as the Secretary determines appropriate to enforce this section, except that action to terminate assistance provided under an applicable program shall be taken only if the Secretary determines that—
 (1) there has been a failure to comply with such section; and
 (2) compliance with such section cannot be secured by voluntary means.
 
(f) Office and review board
The Secretary shall establish or designate an office and review board within the Department of Education to investigate, process, review, and adjudicate violations of the rights established under this section.

 

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