The State Board of Regents is backing off proposed penalties for public schools with high 'opt-out' rates for standardized tests.

The Board's original plan to execute the 'Every Student Succeeds Act' would have diverted federal funds from schools with less than 95% participation rates.

But opponents say this unfairly disadvantages schools who need those funds for programs and assisting underprivileged students.

The New York State United Teachers union tally the change as a major win,

Jolene DiBrango is NYSUT executive vice president.