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) Parents are primarily responsible for their children's education and have the constitutional right to determine which aspects of public education, including assessment systems, in which their children participate.

  (b) Parents may further exercise their inherent rights to exempt their children from a state required assessment without further consequence by an LEA.

  (3)(a) A parent may exercise the right to exempt their child from a state required assessment.

  (b) Except as provided in Subsection (3)(c), an LEA may not penalize a student who is exempted from a state required 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 state required 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 prior to the beginning of the assessment.

  (b) An LEA may allow a parent to exempt a student from taking a state required assessment less than one day prior to 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 all of the 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 state required assessment.

  (6) The administration of any assessment that is not a state required 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 reward a student for a student's participation in or performance on a state required assessment.

  (9) An LEA shall ensure that a student who has been exempted from participating in a state required assessment under this section is provided with an alternative learning experience if the student is in attendance during test administration.

  (10) An LEA may allow a student who has been exempted from participating in a state required assessment under this section to be physically present in the room during test administration.