Opting Out of Ohio Proficiency Tests

Note: this information was originally posted in 2000, and is in the process of being researched for potential areas that need to be upgraded. 

Legally, there are two types of exemptions specifically defined under the current laws surrounding the Ohio Proficiency Tests. These include exemptions for Individualized Education Programs (IEPs) and also for Limited English Proficient (LEP) students until they have received two years of instruction in English.  These types of exemptions are fully covered under the law, and your school district should be willing and able to assist you in these types of exemptions, if they are applicable to your child's situation.

However, even if your child does not qualify for an exemption as defined above, you still have the right to request a WAIVER for your child from any OPT not mandated by law for graduation or advancement to the next grade level.  These include the 10th grade graduation OPT, and the reading portion of the 4th grade OPT, effective July 1, 2001.  Although neither the legislature nor the Ohio Department of Education (ODE) publicly announces the availability of the waiver right, you can call the ODE, Assessment and Evaluation Department at (614) 466-3224.  Ask for Paula Mahalley and she will tell you how to go about the process of requesting a waiver.  It simply involves writing a request to your building principal.  

As a reaction to those parents exercising their waiver rights, the lawmakers have enacted new legislation in an attempt to discourage such waivers.  Prior law prohibited any school district to deny grade advancement solely due to a student's failure to attain a specified score on any OPT.  However, current Ohio law provides school districts with the option to retain any student in their current grade if the student does not attain the designated scores on at least 3 out of 5 sections of any OPT. (See Ohio Revised Code Education Libraries, Section 3301.07011)

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Many schools districts in the state still honor parental wishes for waivers without question.  However, information we are receiving from parents around the state indicates that some districts are indeed exercising this option (or at least threatening to do so), by telling parents that they cannot waive their child(ren) from an OPT because it will lead to grade retention.

However, the verbiage of the statute here is important.  The law uses the word attain, implying that the test was taken in the first place.  According to officials at the Ohio Department of Education, a waiver should result in a no score, which means neither a pass, failure, or zero.  If this is the case, then school districts cannot use the waiver as a viable or legal means for retaining students in their current grade levels.  One reason school districts are so adamantly discouraging waiver requests, is that ultimately the waived test becomes a score of zero on the state's OPT summaries for district report card.  One or two waivers may be inconsequential, but increasing waivers may have significant consequences to the district report card summaries which could lead to undesirable classifications of ineffectiveness and academic emergency.  Any statistician will tell you it is inappropriate to include non-participants in statistical summaries, yet that is exactly what the state is doing when summarizing their OPT results on district report cards.

But take heart!  Even in districts where school officials are challenging waivers, we are hearing more and more parents fighting on the grounds of parental rights and the abusive and punitive nature of these tests.  So, come on!  Exercise a little civil disobedience in this process we call democracy.  Let the people be heard!

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Check your school district's policy for OPT waivers and talk to your child's teacher, principal and superintendent about your waiver request.  Do this as early as possible in the school year, not at the last minute before the test is administered.  Provide a written request of waiver to your school principal.  In doing so, be sure to specifically state in your letter that you understand that this waiver will not affect decisions for grade advancement or graduation.  Request that the district respond to these issues in writing so that you have documentation of their decision.  If your district is playing hard ball and you've still got the willies, then maybe some other course of action is right for you.  But don't give up without at least causing a real ruckus in your district about parental rights and the absurdity of tying high-states decisions to one single assessment.

- 2000

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			"I never let my schooling interfere with my learning." -- Mark Twain

Other Ways To Get Involved

Get your message into the media
Contact your State Representative
Distribute pamphlets and information sheets
Boycott the Test
Attend school board meetings
Create and display items which identify your cause
Target parent or special interest groups
Host speaking engagements or panel discussions
Join or form a local Activist Group
Come back to communicate on our message board -- it will be back on-line soon.