ESSA requires that every state assess all students in English language arts and math each year in grades 3-8 each year and at least once in high school. While New York State does not have any laws regarding parents’ rights to choose whether their children participate in state testing, federal law requires that:
• States must ensure that 95% of students in each public school, including charter schools, participate yearly in required state assessments.
o This applies to all student subgroups, which include racial/ethnic groups, English Language Learners/Multilingual Learners, low-income students, and students with disabilities.
• If requested, school districts and charter schools are required to provide parents with information on state or local policies regarding the rights of parents to choose not to have their children participate in state testing.
• States are not required to create or change any laws they have in place regarding parental preference on participation in assessments.