DE HB50

Parents or guardians of students in public schools or charter schools have the right to opt out of statewide or district-wide assessments, specifically the Smarter Balanced Assessment.

Written notification to the student's school must be provided at least 2 school days prior to the scheduled start of the assessment, and schools must provide alternative educational activities during testing times.

No academic or disciplinary repercussions shall be placed on a student's record for opting out of the assessment.

The Department shall track opt-out decisions in a data system and report opt-out numbers in accountability ratings for context, but opt-out numbers shall not factor into school or district ratings.

Districts, charter schools, and the Department must notify all parents and guardians of opt-out rights no later than 15 days before assessment start via website and mailing, including information about assessment purpose, alignment to benchmarks, result availability, and instructional use.