AUSTIN, Texas -- Daphne Hoffacker doesn’t want her child taking the STAAR test, so on days when it’s being given she keeps her son out of school.

  • Some Texas parents opting kids out of STAAR standardized test
  • Comes with some consequences

“When I learned more and more about this, I realized this isn’t something I want to participate in,” Hoffacker said. “As a parent you are responsible for your child's education and you get to decide what they participate in.”

Parents that choose for their child not to take the standardized test can either have them stay home from school that day or refuse to take the test when it’s administered. Is that allowed? One local lawyer who opposes STAAR testing believes so.

“We do believe Texas law permits parents to refuse assessment for their children,” said Round Rock attorney Scott Placek. “Hundreds if not thousands do it every time and complete their opt-out with no adverse consequences whatsoever.”

There are some consequences. Students not taking the test can affect a school’s accountability rating. Also fifth- and eight-graders not taking the test will face a grade placement committee, which will decide if that student can advance to the next grade.

The Texas Education Code has a specific section addressing this:

Sec. 26.010.  EXEMPTION FROM INSTRUCTION.  (a)  A parent is entitled to remove the parent's child temporarily from a class or other school activity that conflicts with the parent's religious or moral beliefs if the parent presents or delivers to the teacher of the parent's child a written statement authorizing the removal of the child from the class or other school activity.  A parent is not entitled to remove the parent's child from a class or other school activity to avoid a test or to prevent the child from taking a subject for an entire semester.

(b)  This section does not exempt a child from satisfying grade level or graduation requirements in a manner acceptable to the school district and the agency.

Hoffacker stands by her decision to keep her child from taking the STAAR test and hopes if others do the same if might impact change in the system.

“I know that if enough parents opt-out of the system then the state has to take it seriously,” said Hoffacker.