Federal Law and Regulations on Opting Out Under ESSA (Updated February 2018)

(NOTE: For a properly formatted PDF of this fact sheet click here)

The Every Student Succeeds Act (ESSA) requires that states assess 95% of all students, and 95% of each “subgroup” in every school with federally mandated annual state tests in English and math. It says that in calculating average school test scores, a school must include in the denominator the greater of either all test takers, or 95% of eligible test takers.

Implementing Performance Assessment: FairTest Webinar


Join us for a webinar on Feb 12, 2017 at 8:00 PM EST.

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Personalized Learning or Continuous Online Testing?

Technology “permits us now to do in nanoseconds things we shouldn’t be doing at all.”
– Gerald Bracey

Education policymakers and technology providers have joined forces to accelerate a longtime push for “test data-driven” education interventions. Both sectors look to computer-based curricula and data collected with online tests to control classrooms and define educational outcomes.

Fighting for Assessment Reform under ESSA

The federal Every Student Succeeds Act (ESSA) is the latest version of the long-standing Elementary and Secondary Education Act. It replaces the widely despised “No Child Left Behind.” The new law presents both opportunities and dangers for the testing resistance and reform movement.

Assessment Matters: Constructing Model State Systems to Replace Testing Overkill

Assessment Matters: Constructing Model State Systems to Replace Testing Overkill

This report describes how states can overhaul their assessment systems under the Innovative Assessment pilot program in the Every Student Succeeds Act (ESSA).  It shows policymakers how to:

Back-To-School Report Tallies 2016 Testing Reform Victories

for further information:                                                                
Lisa Guisbond (617) 959-2371
Bob Schaeffer  (239) 395-6773

For release Wednesday, September 8, 2016

Obama Admin. Enhanced Assessment Grants Called “Far Too Little And Way Too Late” For Testing Reformers

for further information:   

Dr. Monty Neill (617) 477-9792                                                             

Bob Schaeffer  (239) 395-6773


Action Alert! FairTest opposes US Education Department's harmful draft regulations on accountability

Dear Friends,

Testing Resistance & Reform News: May 25 - 31, 2016

Many states are beginning to review their assessment and accountability systems to comply with the new federal Every Student Succeeds Act. Input from grassroots stakeholders -- particularly parents, educators and community leaders -- can help determine whether the revised policies help improve learning and teaching or simply put a different gloss on failed test-and-punish systems.

How to Organize Testing Resistance and Reform under ESSA - PowerPoint

FairTest has created a PowerPoint presentation on how to organize testing resistance and reform under the federal Every Student Succeeds Act.

You can view it in pdf here.

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