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Board rejects expanding opt-out protections to bar in-lieu assessments
Summary
A board proposal to require that a parental opt-out of a state assessment also prevent local use of in-lieu or computer-adaptive assessments failed after members raised concerns about local data needs and accountability.
The Utah State Board of Education declined to request legislative language that would explicitly prevent LEAs or schools from administering in-lieu assessments to students whose parents opted them out of statewide tests.
Member Boggess moved that staff work with the Legislature to amend Subsection 53G-6-803(9)(a) to add language clarifying that a parental opt-out also covers computer-adaptive assessments or any assessment administrated by an LEA in lieu of the statewide test. The motion sought to ensure that parents who unequivocally opt their children out have that choice honored "all the way to the finish line." Member Boggess argued, "a parent says under the 205 code, my child should not have to take this assessment because it's in lieu of the one that I've already said no to, and LEAs are not responding honoring that parent's choice."
Opponents, including Vice Chair Wood, said some schools rely on locally administered in-lieu assessments (for example, MAP tests) to produce valid, reliable data when opt-out rates are high. Vice Chair Wood said a charter school she contacted reported that if it could not administer its MAP (Measures of Academic Progress) test, it would have “no nationally normed test to use as data points for how students are performing.”
After debate the motion failed: 5 in favor and 7 opposed, according to the board’s announcement.
Why it matters: Supporters framed the proposal as honoring parental choice; critics warned that prohibiting in-lieu assessments could remove locally useful data and hamper schools’ ability to measure student progress.
Next steps: No statutory change was approved. Board members and staff said enforcement and practice concerns around opt-out and in-lieu assessments may warrant administrative follow-up or local discussion.
