Kesi Prescott's Legal Guide by Rachel Prescott https://padlet.com/rprescott5/d2mvc8zp90byj12z Texas Standardized Testing Requirements en-us 2023-07-21 22:13:32 UTC 2025-12-06 13:04:27 UTC hello@padlet.com Slide #1 Professional Perspective rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347419 My name is Kesi Prescott and I am currently seeking a degree in professional school counseling. I plan to work as a school counselor at the elementary level initially and move to the secondary level later. 

I have selected the topic of Texas standardized testing requirements. The legal guide contains information as it relates to both the elementary and secondary campuses and serves to provide guidance in answering the myriad questions from students, parents, teachers, and community members.

In my current position as the Director of Student Services for Hico Elementary School, part of my job includes coordinating campus testing. This past year was my first both in this role an at the elementary level. I fielded many questions from parents, teachers, and community members with respect to standardized testing in the state of Texas.]]> 2023-07-21 22:20:14 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347419 Slide #2 Practical Summary rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347493 Standardized testing has long been a hotly debated topic within the educational realm. The variance of guidance and implementation of testing throughout the United States contributes to the competing narratives that surround this topic. 

More recently, the emergence of parental rights as a weapon against anything deemed undesirable has fueled the formation of groups specifically designed to instruct families on how to opt out of STAAR testing in Texas. As a result, schools are faced with the difficult task of understanding the laws that outline testing requirements, clearly communicating those requirements to parents, and combatting misinformation coming from secondary sources. ]]> 2023-07-21 22:20:34 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347493 Slide #3 Professional Associations rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347531 Texas Association of School Boards (TASB)

The school law branch of the Texas Association of School Boards provided guidance (2022) to its membership following the increase in opposition by parents to standardized testing. The guide outlines which tests are required in Texas. Additionally, it seeks to clarify the differences between the federal and state with regard to opting out.

The guide advises districts as to the consequences that students face for missing test dates, refusing to test, withdrawing to avoid testing, and not completing standardized tests. Finally, the guide stresses the importance of communicating with parents. Finding a way to address student and parent concerns without adversely affecting the accountability of the campus and district is the goal.

Texas Association of School Boards. (February 2022). Opting out of standardized tests. TASB School Law eSource. https://www.tasb.org/services/legal-services/tasb-school-law-esource/instruction/documents/opt_out_standardized_tests.pdf 
]]> 2023-07-21 22:20:53 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347531 Slide #4 Current News Article rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347573
  • Beto O'Rourke debated Governor Greg Abbott.
  • O'Rourke proposed eliminating STAAR testing in Texas.
  • The article discusses whether or not a governor has the power to eliminate standardized testing.
  • Federal law requires assessment of students.
  • Texas' high-stakes STAAR tests are tied to school accountability which affects their communities.
  • Texas does not allow parents to opt out of testing for their children.
  • Despite calls to waive accountability or cancel testing during periods of struggle, Governor Abbott has refused.
  • O'Rourke views this topic as one that could garner votes for him in his quest for office.

    • Mangrum, M. (2022, October 4). Can a governor put an end to Texas STAAR testing? The Dallas Morning News. https://www.dallasnews.com/news/education/2022/10/04/can-a-governor-put-an-end-to-texas-staar-testing/ 
    ]]>     2023-07-21 22:21:10 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347573     Slide #5 Current News Article rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347599
  • Former Secretary of Education Betsy DeVos cancelled allowed states to cancel testing during the COVID-19 pandemic.
  • Current Secretary of Education Miguel Cardona required testing to resume during the 2020-21 school year.
  • Student testing is required by federal law.
  • Assessing students provides meaningful data when used appropriately.
  • Secretary Cardona cautioned states to seriously consider how they utilize the results of the standardized testing.
  • States are urged not to used test results to penalize educators, schools, or students, but rather to provide data that can drive instruction.
  • Despite calls to eliminate the requirement for standardized testing, Secretary Cardona emphasizes the importance of evaluating students and maintaining high standards in education.

    • Schwartz, S. (2022, September 23). Don't use state tests 'punitively', Ed. Secretary Cardona warns. EducationWeek. https://www.edweek.org/teaching-learning/dont-use-state-tests-punitively-ed-secretary-cardona-warns/2022/09 
    ]]>     2023-07-21 22:21:20 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347599     Slide #6 Original Source of Law rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347703 Rights Reserved to States or People 
    U.S. Const. amend. X 
    Constitutional Law (Federal) 

    • Provides for states (or the people) to retain powers not explicitly granted to the federal government 
    • The U.S. Constitution does not explicitly address education 
    • The states reserve the right to develop and oversee education as determined by their own governance 
    • Provides that the federal government may provide legislation and guidance, but individual states retain the right to govern education within their own state in accordance with federal guidelines 
    ]]>     2023-07-21 22:21:50 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347703     Slide #7 Original Source of Law rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347737 Every Student Succeeds Act  
    Every Student Succeeds Act, 20 U.S.C. § 6301 (2015) 
    Statutory Law (Federal Level) 

    • Requires states to assess student achievement in mathematics, reading or language arts, and science 
    • Allows states to determine any other subjects requiring testing 
    • Requires testing in 
      • Mathematics and reading or language arts 
        • Each year grades 3 through 8 
        • Once in grades 9 through 12 
      • Science 
        • Once in grades 3 through 5 
        • Once in grades 6 through 9 
        • Once in grades 10 through 12 
    • Requires all students and schools be assessed in the same way 
    • Provides for alternative assessment of students with most significant cognitive disabilities 
    • Requires states to provide parents with policies, procedures, and rights to opt out of assessments, where applicable 
    • Does not provide for preempting of state and local law regarding parental rights for opting out of state testing 
    ]]>     2023-07-21 22:22:03 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347737     Slide #8 Original Source of Law rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347755 Exemption from Instruction 
    Parental Rights and Responsibilities, 2 Tex. Educ. Code § 26.010 
    Statutory Law (State Level) 

    • Provides for parents to temporarily remove their student from a class or activity that conflicts with their personal morals or beliefs 
    • Requires written notification from parent to teacher authorizing removal 
    • Prevents the removal of a student to avoid a test 
    • Does not exempt students from graduation or grade level requirements 
    ]]>     2023-07-21 22:22:14 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347755     Slide #9 Original Source of Law rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347777 Adoption and Administration of Instruments 
    Assessment of Academic Skills, 2 Tex. Educ. Code § 39.023 
    Statutory Law (State Level) 

    • Requires states to assess student achievement in reading, mathematics, social studies, and science 
    • Allows states to determine any other subjects requiring testing 
    • Requires testing in 
      • Mathematics and reading 
        • Each year grades 3 through 8 
        • Algebra I end-of-course 
      • English I end-of-course 
      • English II end-of-course 
      • Social Studies  
        • Once in grade 8 
        • United States History end-of-course 
      • Science 
        • Each year in grades 5 and 8 
        • Biology end-of-course 
    • Requires all students to be assessed 
    • Provides for alternative assessment of students with most significant cognitive disabilities 
    ]]>     2023-07-21 22:22:25 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347777     Slide #10 School Policy rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347810
  • Students are required, with some exceptions, to pass end of course exams in:
    • English I
    • English II
    • Algebra I
    • Biology
    • U.S. History
  • Students will have retesting opportunities to pass EOC exams.
  • EOC requirements can be met with approved substitutionary assessments. 
  • Prior to EOCs, students will be assessed in:
    • Mathematics, Grades 3 - 8
    • Reading, Grades 3 - 8
    • Science, Grades 5 and 8
    • Social Studies, Grade 8
  • Accelerated instruction will be provided to students who do not perform satisfactorily on STAAR tests.
  • STAAR Alt 2 is available to students who meet the criterion set forth by the state as determined by the student's ARD committee.

    • Hico Independent School District. (2022). Hico ISD student handbook 2022 - 2023. https://drive.google.com/file/d/10UmPUcn_sw8s7pOkJ7MPvky7oDPGRNzJ/view 
    ]]>     2023-07-21 22:22:41 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347810     Slide #11 Ethical Principles rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347839 The ethical standards as set forth by the American School Counselor Association (2022) states that school counselors:

    "A.1.i. Are knowledgeable of local, state and federal laws, as well as school and district policies and procedures affecting students and families and strive to protect and inform students and families regarding their rights" (pg. 2, para. 4).

    This ethical standard explicitly states that professional school counselors should be well-informed about the law at all levels. It is also the responsibility of the school counselor to effectively communicate with students and families regarding the law and their rights under the law.

    American School Counselor Association (ASCA). (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf]]>     2023-07-21 22:22:57 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347839     Slide #12 Non-Law Source rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347864 This is one of the sources cited by parents who desire to opt out of standardized testing for their child. It is often quoted verbatim. It relates opting out to civil disobedience and claims that Texas law provides and preserves the right for parents to opt out. The website provides links to letters they intend for parents to utilize in their opting out process.

    It is imperative that school districts are aware of the information that parents are receiving from outside sources. Understanding where they are coming from and the information they are leaning on is useful in providing accurate counters to their claims. Above all, clear communication free from emotion is important. As a district receiving federal and state funding, the law guides practice rather than feelings and emotions.

    Texas Parents' Educational Rights Network. (2023, April 24). Opting out - Step by step. txedrights. https://www.txedrights.net/opting-out-step-by-step/ ]]>     2023-07-21 22:23:11 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347864     Slide #13 Recommendations/Best Practices rprescott5 https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347918
  • Clearly communicate to faculty what the law says about assessing students.
  • Develop a communication in multiple media to clearly communicate what the law says about standardized testing to be disseminated to parents.
  • Differentiate between information that parents, students, and community members are receiving from outside sources and what the law states.
  • Clearly outline for school personnel, parents, and students that Texas does not provide a path for students to opt out of state testing.
  • Acknowledge that there are varied and passionate viewpoints held with regard to state standardized testing.
  • Provide opportunities for school personnel, parents, and students to be heard regarding concerns with standardized testing.
  • Synthesize concerns brought by school personnel, parents, and students and develop support strategies to meet the needs of students attached to testing.
  • Evaluate the effectiveness of student support strategies and adjust accordingly.
    • ]]>     2023-07-21 22:23:36 UTC https://padlet.com/rprescott5/d2mvc8zp90byj12z/wish/2649347918