Utah Admin. Code R277-404-7 - Student and Parent Participation in Student Assessments in Public Schools; Parental Exclusion from Testing and Safe Harbor Provisions
(1) As used in this section, "penalize" means
to put in an unfavorable position or at an unfair disadvantage.
(2)
(a) A
parent is primarily responsible for a child's education and has the
constitutional right to determine which aspects of public education the child
participates in, including assessment systems.
(b) Parents may further exercise their
inherent rights to exempt their children from a statewide assessment without
further consequence by an LEA.
(3)
(a) A
parent may exercise the right to exempt their child from a statewide
assessment.
(b) Except as provided
in Subsection (3)(c), an LEA may not penalize a student who is exempted from a
statewide assessment under this section.
(c) If a parent exempts the parent's child
from the basic civics test required in Sections
53E-4-205 and
R277-700-8, the parent's child
is not exempt from the graduation requirement in Subsection
53E-4-205(2),
and may not graduate without successfully completing the requirements of
Sections 53E-4-205 and
R277-700-8.
(4)
(a) To
exercise the right to exempt a child from a statewide assessment under this
provision and ensure the protections of this provision, a parent shall:
(i) fill out:
(A) the Parental Exclusion from State
Assessment Form provided on the Board's website; or
(B) an LEA specific form as described in
Subsection (4)(b); and
(ii) submit the form:
(A) to the principal or LEA either by email,
mail, or in person; and
(B) on an
annual basis; and
(C) except as
provided in Subsection (4)(b), at least one day before the beginning of the
assessment.
(b) An LEA may allow a parent to exempt a
student from taking a statewide assessment less than one day before the
beginning of the assessment upon parental request.
(c) An LEA may create an LEA specific form
for a parent to fill out as described in Subsection (4)(a)(i)(B) if:
(i) the LEA includes a list of local LEA
assessments that a parent may exempt the parent's student from as part of the
LEA specific form; and
(ii) the LEA
specific form includes information described in the Parental Exclusion from
State Assessment Form provided on the Board's website as described in
Subsection (4)(a)(i)(A).
(5)
(a) A
teacher, principal, or other LEA administrator may contact a parent to verify
that the parent submitted a parental exclusion form described in Subsection
(4)(a)(i).
(b) An LEA may request,
but may not require, a parent to meet with a teacher, principal, or other LEA
administrator regarding the parent's request to exclude the parent's student
from taking a statewide assessment.
(6) The administration of any assessment that
is not a statewide assessment, including consequences associated with taking or
failing to take the assessment, is governed by policy adopted by each
LEA.
(7) An LEA shall provide a
student's individual test results and scores to the student's parent or
guardian upon request and consistent with the protection of student
privacy.
(8) An LEA may not provide
a nonacademic reward to a student for a student's participation in or
performance on a statewide assessment.
(9) An LEA shall allow an educator to provide
an academic incentive for a student's performance on a statewide assessment in
accordance with Subsections
53E-4-303(4)(b),
53E-4-304(3),
and 53E-4-305(4).
(10) An LEA shall ensure that a student who
has been exempted from participating in a statewide assessment under this
section is provided with an alternative learning experience if the student is
in attendance during test administration.
(11) An LEA may allow a student who has been
exempted from participating in a statewide assessment under this section to be
physically present in the room during test administration.
Notes
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