What tests are we talking about?
New York State requires two assessments for elementary students, plus one for fifth graders:
- NYS English Language Arts (ELA) — grades 3–8, administered over two days
- NYS Mathematics — grades 3–8, administered over two days
- NYS Science — grade 5 only at the elementary level
2026–27 dates: New York State has not yet published the 2026–27 assessment calendar. We will post the testing window and the date to have letters in by as soon as it is released — watch this page, the school calendar, and Konstella.
Tests are untimed, meaning a student working productively may take as long as they need within the school day. Since 2025–26, all grades 3–8 test on computer; paper is available only as an accommodation specified in an IEP or Section 504 plan.
Separately from the state tests, the NYC DOE administers its own city assessments three times a year. A tested student can therefore sit for six days of state testing — two days each for ELA and Math, plus Science in grade 5 — on top of city assessments spread through the year.
Your legal right to refuse
Parents in New York State have a recognized right to refuse standardized tests on their child's behalf. There is no formal permission process and no form the state requires — you notify the school in writing.
⚖️ Federal law (ESSA) explicitly recognizes a parent's right to refuse testing. No school in New York has ever lost funding because of a high opt-out rate.
To opt out, write to the principal stating your intent to refuse the tests for your child. No justification is required. You can use the letter generator below, or a sample letter from NYC Opt Out or NYSAPE.
Your child will not be penalized. Students who opt out are given an alternate educational activity during testing. State law specifies that test scores cannot be the sole or primary criterion for promotion decisions, and NYC DOE no longer uses state test scores for middle school admissions.
The movement in New York City
NYC ELA opt-out rate, 2015–2023
The 2015 figure is statewide; 2019–2023 are NYC-specific. 2020 and 2021 are omitted — no state tests were administered during the pandemic. Source: NYSED (data.nysed.gov); NYC DOE
- 2013
Common Core alignment
New York aligned its tests to Common Core standards. Scores dropped sharply and frustration among educators and families grew.
- 2015
Peak opt-out year
Roughly 240,000 students statewide refused the tests — about 20% overall, with some Long Island districts reaching 50%.
- 2019
Pre-pandemic baseline
The NYC rate settled around 4% on ELA, with progressive schools and District 1 holding the highest refusal rates in the city.
- 2023
Post-pandemic doubling
The NYC rate roughly doubled to 8% on ELA as families reassessed high-stakes testing after pandemic disruption.
- 2026
Computer-based testing
All grades 3–8 moved to testing on computer, raising new questions about screen time and test-interface familiarity for young students.
Within New York City, progressive schools have historically had the highest refusal rates, and District 1 — home to several progressive and alternative schools — has been a consistent center of opt-out activity.
Opt-out rates vary widely by community
ELA opt-out rates by school context. The Long Island figure is from the 2015 peak; Earth School's reported range is 20–33%. The TNS figure is the grades 3–5 rate reported at the March 2026 PTA general meeting. Source: NYSED; NYC DOE; Earth School reporting; TNS PTA minutes
The case for opting out
Test anxiety and stress
Research from the Harvard Graduate School of Education measured cortisol — a physiological stress marker — in elementary students and found levels substantially elevated during high-stakes state testing compared with regular classroom work, with the largest effects among students from lower-income neighborhoods. Many families who opt out do so simply because they have watched what testing week does to their own child.
Curriculum narrowing
In a 2015 National Education Association survey of more than 1,500 educators, large majorities reported that their state assessment was not developmentally appropriate for their students, and substantial numbers reported pressure to teach to the test and a loss of instructional time to test preparation. At a school built around inquiry and project work, time spent rehearsing a test format is time not spent on the actual curriculum.
Equity concerns
Decades of research have documented racial, cultural, and socioeconomic bias in standardized test design — questions often assume background knowledge more available to white, middle-class students. High-stakes consequences attached to scores, including tracking and retention, have historically fallen hardest on students of color and English Language Learners.
Limited usefulness
Results typically arrive months after the test and offer little actionable information to teachers. More than 500 New York State principals signed a joint statement questioning the tests' validity, noting that educators themselves often disagreed about the correct answers to test questions.
The case for participating
Accountability and transparency
Test data provides one consistent measure of whether students are meeting grade-level expectations across schools, districts, and demographic groups. Without it, there is less public data with which to hold the system accountable.
Identifying students who need support
For some students, results flag academic struggles that might otherwise go unnoticed, which can lead to additional resources, evaluation for a learning disability, or targeted intervention.
The civil rights argument
This is the most substantial case for testing. Civil rights organizations have long relied on standardized test data to document achievement gaps between racial, socioeconomic, and disability groups. Their argument is that without that data, systemic inequity becomes invisible and harder to attack through policy — and that families with the least power are the ones who lose the evidence.
Data for resource allocation
Policymakers use aggregate results to decide where funding, teacher training, and support should go. When many students opt out, the remaining data may not represent a school's needs accurately.
At a glance
| Opt out | Participate | |
|---|---|---|
| Your child's experience | Alternate educational activity during testing | Takes state ELA and Math exams over multiple days |
| Academic consequences | None — no impact on promotion or placement | Score becomes part of the student record |
| Middle school admissions | Not affected | Not affected |
| School funding | No NY school has ever lost funding over opt-outs | Counts toward the 95% federal participation target |
| School ratings | Non-tested students may count at the lowest level | Scores contribute to the accountability rating |
| Information gained | Teacher assessments, portfolios, conferences | One additional data point, months later |
| Advocacy signal | Contributes to the movement for assessment reform | Supports the existing accountability framework |
What happens when a school has a high opt-out rate?
This is the most common worry we hear, so here are the facts as plainly as we can state them.
Funding is not at risk. No New York school has lost funding because of opt-outs, despite the federal 95% participation requirement. Title I districts below 95% must direct some federal funds toward encouraging participation — but they do not lose those funds.
Accountability ratings can be affected. Under federal rules, when more than 5% of students don't test, additional non-tested students may be counted at the lowest proficiency level in accountability calculations. If fewer than 25% of students test in a subject, that subject is rated "N/A." Schools with persistently low participation may be asked to write a plan addressing it.
Public perception is the real cost. A school whose proficiency rate looks low on paper — because opt-outs are counted at the lowest level — can be misread by families who don't know the context. This is worth understanding before you decide, in either direction.
TNS and progressive education
The Neighborhood School's philosophy is rooted in progressive, inquiry-based learning. Our curriculum is interdisciplinary and responsive to each child's development, and our teachers assess by observing and documenting growth over time — through portfolios, conferences, and narrative evaluations rather than a single score.
Progressive practice at TNS and schools like it emphasizes:
- The whole child — social, emotional, physical, and intellectual development
- Inquiry and exploration — children learning by asking questions and investigating
- Authentic assessment — documented growth over time, not a snapshot
- Intrinsic motivation — a genuine love of learning over performance for external reward
This does not mean progressive schools produce weaker academic outcomes. Schools with similar philosophies and high refusal rates — PS 321 in Park Slope, for instance — consistently show strong results among students who do test.
TNS is a founding board member of PENNY (Progressive Education Network of New York). Our assessment practices reflect a commitment to understanding each child as a whole person.
What other District 1 schools do
- Earth School (PS 364) uses qualitative, whole-child assessment and reports opt-out rates of 20–33%. It was placed on a "Local Assistance Plan" partly because of participation rates — a concrete example of how the accountability system treats progressive schools.
- PS 20 (Anna Silver School) publishes opt-out FAQ resources for its families.
Alternatives do exist
The New York Performance Standards Consortium — a network of more than 38 high schools — operates under a state waiver allowing students to graduate using performance assessments (research papers, science experiments, mathematical analyses, artistic presentations) in place of most Regents exams. Those schools post graduation and college-persistence rates comparable to or better than city averages. No equivalent waiver exists at the elementary level, but the consortium demonstrates that rigorous assessment does not require standardized testing.
How to make your decision
There is no single right answer. Some questions worth sitting with:
- How does your child handle testing? Some take it in stride; others don't.
- What does your child's teacher say? Someone who knows your child can tell you whether a test would tell you anything you don't already know.
- What do you want from assessment? A comparable data point, or narrative and portfolio evidence?
- How do you feel about the broader movement? Some families refuse as advocacy; others decide purely for their own child. Both are legitimate.
If you choose to opt out
Use the generator below to produce a ready-to-send letter in English or Spanish. Fill in your details, choose which tests to refuse, then copy it or open it in your email app. Send it to the principal before the testing window opens, and consider copying your child's teacher.