Opt out of Project-based Assessment

Below are the options for students who wish to opt out of the project-based assessment (PBA).  The PBA is not a project, but a remedial class done culminating in a test on the computer aligned to the modules of the Keystone Exam.

§ 4.4.(d)(1)(2)(3)  General policies allows for parents to REVIEW state assessments and instruction.  I requested to review the PBA last year and was told I could not as it is done on the computer, no paper pencil version is available.  The only way to access the PBA is with a student login ticket and that is only issued to students starting the PBA.  John Weiss at the PDE confirmed this via email. This is in conflict with Chapter 4.4(d)(1)(2)(3)(4) which stipulates a process for parents to review instruction and state assessments.

**Parents should request to review the PBA.** 

The content of the PBA is aligned to the modules of the Keystone Exam – the content is the same. If a parent opts out of the Keystone exam for religious reasons, that same religious opt out would apply to the PBA as the content is the same.

Sample letter: 

Dear Superindent and/or Principal:

I would like to review the project-based assessment prior to [my child] taking it.  As you know PA School Code Chapter 4.4(d)(1)(2)(3) states: 

(d) School entities shall adopt policies to assure that parents or guardians have the following: (1) Access to information about the curriculum, including academic standards to be achieved, instructional materials and assessment techniques.  (2) A process for the review of instructional materials.  

Per Chapter 4.4(d)(5) parents can opt out of the Keystone exam.  The content of the PBA is aligned to the modules of Keystone exam, therefore, the religious opt out for the Keystone Exam would apply to the PBA as the content is the same.

 Sincerely, 
______________________________________________________________________________

John Weiss, Director, Pennsylvania Department of Education, Bureau of Assessment and Accountability: defines the PBA as “an alternate pathway” to meet the graduation requirement.  The problem with that is that the PDE/Chapter 4 hasn’t defined what a PBA is in the same manner as other similar components of are defined in Chapter 4.3 Definitions.  Is the PBA an assessment?  Is it instruction?   By the content and the method of how it is administered to students, it is an assessment and/or instruction.  An 'alternative pathway' doesn't define what the PBA is.  

Below are additional reasons the PBA is in conflict with Chapter 4:

In Chapter 4.3 Definitions:  “Assessment—A valid and reliable measurement of student performance on a set of academic standards in a subject area that captures student understanding of the set as a whole and the central concepts, knowledge and skills of each content area.”  PBA fits this definition.

The PBA is described in Chapter 4 under 4.51 State Assessment System:

§ 4.51. State assessment system  

 § 4.51c. Project-based assessment

 _____________________________________________________________________________

PA § 4.11 provides that a public education: prepares students for adult life by attending to their intellectual and developmental needs and challenging them to achieve at their highest level possible. 

PA § 4.23 provides that: Instruction in the high school program must focus on the development of abilities needed to succeed in work and advanced education through planned instruction.

The Project-based Assessment is in conflict with and violation of PA § 4.11 and § 4.23.  The PBA significantly impairs a student capacity to prepare themselves for adult life and significantly inhibits their capacity to focus on developing abilities needed to succeed in work and college.  

• § 4.24(B) provides for: Locally approved and administered assessments

• § 4.51d provides that: a chief school administrator, in his sole discretion, may waive the requirements in §  4.24 (relating to high school graduation requirements) on a case-by-case basis for good cause. 

This is the PA law that allows for opting out of instruction:

  

PA School Code Chapter 4.4(d)(1)(2)(3):

(d) School entities shall adopt policies to assure that parents or guardians have the following:

(1) Access to information about the curriculum, including academic standards to be achieved, instructional materials and assessment techniques.

(2) A process for the review of instructional materials.

(3) The right to have their children excused from specific instruction that conflicts with their religious beliefs, upon receipt by the school entity of a written request from the parent or guardians.

This means if a parent has objections to a class or instruction, they may opt their child out for religious reasons.  No statement describing the religious is necessary. This opt out of instructional materials applies to ANY instruction parents wish to opt their student out of. 

Please note also that per the above, parents have the right to review the PBA prior to their student being enrolled in a PBA class.  Request to review the PBA. 

Sample letter (may be used in whole or part):

Dear Principal/Superintendent,

Pursuant to Pennsylvania Code Title 22 Chapter 4, section 4.4 (d)(1)(2)(3) I am hereby exercising my right as a parent to have my child, [ NAME ], excused from [specific instruction, in this case the Project-based Assessment] because of religious and philosophical beliefs.  I request that an alternate, local assessment be used for my child per, § 4.11 (a)(b), § 4.23(a), § 4.24(B).

Sincerely,

§ 4.11. Purpose of public education.
 (a)  This section and §  4.12 (relating to academic standards) describe the purpose of public education and its relationship with the academic standards.

 (b)  Public education prepares students for adult life by attending to their intellectual and developmental needs and challenging them to achieve at their highest level possible. In conjunction with families and other community institutions, public education prepares students to become self-directed, life-long learners and responsible, involved citizens.

§ 4.23. High school education.

 (a)  Instruction in the high school program must focus on the development of abilities needed to succeed in work and advanced education through planned instruction.

The Project-based Assessment, any remedial, Algebra 1, Biology or Literature Keystone focused study-hall, Keystone enrichment class, or some other similar Keystone exam focused class impairs a students capacity to develop abilities need to succeed in work and advanced education.  

§ 4.24. High school graduation requirements.

(B)   Locally approved and administered assessments, which shall be independently and objectively validated once every 6 years. Local assessments may be designed to include a variety of assessment strategies listed in §  4.52(c) and may include the use of one or more Keystone Exams. Except for replacement of individual test items that have a similar level of difficulty, a new validation is required for any material changes to the assessment. Validated local assessments must meet the following standards:
         (I)   Alignment with the following State academic standards: English Language Arts (Literature and Composition); Mathematics (Algebra I), Science and Technology, Environment and Ecology (Biology), and Civics and Government.
         (II)   Performance level expectations and descriptors that describe the level of performance required to achieve proficiency comparable to that used for the Keystone Exams.
         (III)   Administration of the local assessment to all students, as a requirement for graduation, except for those exempted by their individualized education program under subsection (g), regarding special education students, or gifted individualized education plan as provided in §  16.32 (relating to GIEP).
         (IV)   Subject to appropriations provided by law, the cost to validate local assessments shall be evenly divided between the school district, AVTS or charter school, including a cyber charter school, and the Department. If the Department does not provide sufficient funding to meet its share, local assessments submitted for validation shall be deemed valid until a new validation is due to the Department.
         (V)   The Department will establish a list of entities approved to perform independent validations of local assessments in consultation with the Local Assessment Validation Advisory Committee as provided in §  4.52(f).

         (VI)   School boards shall only approve assessments that have been determined to meet the requirements of this subsection by an approved entity performing the independent validation. If a school district, AVTS or charter school, including a cyber charter school, uses a local assessment that has not been independently validated, the Secretary will direct the school entity to discontinue its use until the local assessment is approved through independent validation by an approved entity.

§ 4.51d. Waivers.

 A chief school administrator, in his sole discretion, may waive the requirements in §  4.24 (relating to high school graduation requirements) on a case-by-case basis for good cause. Waivers may be granted for a student in grade 12 who was not successful in completing a project-based assessment as provided in §  4.51c (relating to project-based assessment), or to accommodate a student who experiences extenuating circumstances (including serious illness, death in immediate family, family emergency, frequent transfers in schools or transfer from an out-of-State school in grade 12).
   (1)  Prior to granting a waiver, a chief school administrator shall certify that the student meets the following criteria:
     (i)   Has met the local requirements of the school district, AVTS or charter school, including a cyber charter school, for graduation, except for demonstration of proficiency of the requirements in §  4.24(c)(1)(iii)(A) for which the waiver is being requested.
     (ii)   Has not demonstrated proficiency on a Keystone Exam or Keystone Exam module.
     (iii)   If the student is required to participate in supplemental instruction under §  4.24(k) and §  4.51b(f) (relating to Keystone Exams), has participated in a satisfactory manner in supplemental instructional services consistent with the student’s educational program provided by the school district, AVTS or charter school, including a cyber charter school.

     (iv)   Has not successfully completed a project-based assessment aligned to the Keystone Exam or Keystone Exam module on which the student did not demonstrate proficiency.

OTHER:

Although there is no other apparent reason for student non-participation in the exam, this category is provided for the rare exception. The most notable rare exception is student refusal to participate at the time of testing. Refusal represents a defiant act on the student’s part despite school personnel’s every effort to obtain compliance. If you have exhausted all options and believe you have a case that fits into the “Other” category, complete the “Non-Assessed Students” section by marking “Other.”