Know Your Rights 

You have the right to refuse the New York State tests. If a teacher, a principal, a superintendent, or even the NYC Department of Education tells you otherwise, they are wrong.

The right to refuse or "opt out" was affirmed in April 2019 by the highest education officials of New York State, the Chancellor of the Board of Regents and the Commissioner of the State Education Department.

The right to refuse the tests without consequence has also been made clear by a number of elected officials, including:

State Senator Robert Jackson

DANIEL DROMM, City Council Member, District 25, Queens

BRAD LANDER, City Council Member, District 39, Brooklyn

2019 Lander - Letter regarding opt out right.png

Attorney General Tish James (letter issued when she was NYC Public Advocate)


In February, 2015 the entire New York City Council unanimously approved Resolution 0577-2015, calling upon the Department of Education (DOE) to amend its Parent's Bill of Rights and Responsibilities to include information about opting out of high-stakes testing. It also called on the DOE to distribute the amended document at the beginning of every school year, to every family, in every grade. To its shame, the DOE has never complied with the 2015 resolution.

Finally, this NY State Education Department document, while mostly pro-test propaganda, also makes clear that the state no longer questions a parent's right to opt out of state tests. It also clarifies that there are no consequences for children who refuse.