Parental/Guardian Rights Afforded Under Chapter 4
March 29, 2016
From Matthew Stem, Deputy Secretary, Office of Elementary and Secondary Education: As we approach the PSSA and spring Keystone testing windows, I’d like to offer a reminder to all LEAs concerning participation in our state assessments. The United States Department of Education (ED) continues to call for participation by all students; however, in recognition of special circumstances, ED provides some flexibility for five percent non-participation. This five percent flexibility is important to Pennsylvania, as Chapter 4 regulations allow parents/guardians to have their children excused from testing due to a conflict with religious beliefs. Though Pennsylvania regulation allows this excusal, ED does not recognize this as an allowable reason for non-participation, and students who do not participate due to the allowance in Chapter 4 will have a negative impact on an LEA’s/school’s participation rate. ED believes the five percent flexibility it provides will account for any parents/guardians who choose to exercise this option. The provision in Chapter 4 specifically says,
§ 4.4. General policies.
(d) School entities shall adopt policies to assure that parents or guardians have the following:
(4) The right to review a State assessment in the school entity during convenient hours for parents and guardians, at least 2 weeks prior to their administration, to determine whether a State assessment conflicts with their religious belief. To protect the validity and integrity of the State assessments, each school entity shall have in place procedures to be followed when parents or guardians request to view any State assessment. Procedures must be consistent with guidance provided by the Department in its assessment administration instructions. If upon inspection of a State assessment parents or guardians find the assessment to be in conflict with their religious belief and wish their students to be excused from the assessment, the right of the parents or guardians will not be denied upon written request that states the objection to the applicable school district superintendent, charter school chief executive officer or AVTS director.
Parents/guardians are not to be denied their right to have their children excused if they follow proper protocol. Parents/guardians must sign a confidentiality agreement form prior to reviewing the assessment. After reviewing the assessment, parents/guardians must state in writing to the superintendent, CEO, or AVTS director that they wish to have their child(ren) excused from the assessment due to a conflict with religious belief. The specific conflict does not need to be stated; simply that it is a conflict with religious belief.
LEAs and schools are encouraged to seek 100 percent participation in the assessments, but please be reminded of parents’/guardians’ rights under Chapter 4.