Seeking a testing waiver in New York
Families sometimes ask whether a child can skip New York State assessments because testing conflicts with religious beliefs, personal convictions, or a broader educational philosophy. The answer depends on the legal basis for the request and the type of assessment involved.
New York’s rules have changed significantly. A family may communicate its objection and decline participation, but that action is generally described as opting out or refusing the test—not as receiving an approved religious or philosophical waiver. Understanding that distinction helps parents write accurately and avoid relying on outdated information.
The process should begin with written communication to the school and district. Keep copies of every letter, email, policy response, and meeting note. Clear documentation can protect the family’s position and make it easier to request consistent treatment.
Know what New York law allows
New York ended its statutory religious exemption from state testing in 2015. A school generally cannot approve a special exemption simply because a parent cites religious belief. New York also does not provide a broad philosophical exemption based on objections to standardized testing, Common Core-related policies, or high-stakes accountability.
That does not prevent parents from expressing a conscientious objection. A family can notify the principal that the student will not participate, ask how the refusal will be recorded, and request information about the school’s plan for the testing period. The district still has obligations connected to administering state assessments and reporting participation.
Separate a waiver from an opt-out
A waiver usually means that an agency has formally excused a student from a requirement. An opt-out or refusal means the parent declines the assessment, even though the state continues to classify the test as required for the school or grade.
This difference matters when communicating with administrators. Instead of asserting that a religious waiver must be granted, state the belief or concern respectfully, explain the requested action, and ask the district to identify the policy it is applying. Families should not be pressured to sign language that inaccurately describes their decision.
Put the request in writing
Address the letter to the principal, with copies to the superintendent and testing coordinator when appropriate. Include the student’s name, grade, school, assessment dates if known, and a concise explanation of the religious or philosophical objection. Parents do not need to disclose private theological details beyond what is necessary to explain the conflict.
Ask specific administrative questions: How will the refusal be documented? Where will the student be during testing? Will an alternative educational activity be provided? Who will supervise the child? Request a written response by a reasonable date, and retain proof that the message was delivered.
| Issue | What families should understand | Useful action |
|---|---|---|
| Religious objection | New York no longer has a general religious testing exemption | State the objection and request the district’s written policy |
| Philosophical objection | Personal opposition is not a formal statewide waiver category | Notify the school of refusal and ask about procedures |
| Testing day | The student may still need to attend school | Request supervised, meaningful alternative activities |
| Disability-related concern | Disability accommodations follow a separate process | Contact the Committee on Special Education or Section 504 team |
| Local response | Schools may explain procedures differently | Escalate respectfully to the superintendent if needed |
Address accommodations separately
A religious or philosophical objection should not be confused with a disability accommodation. A student with an Individualized Education Program or a Section 504 plan may be entitled to testing accommodations such as extended time, a separate location, or particular presentation formats. Those supports do not automatically eliminate the assessment requirement.
If testing causes a documented disability-related barrier, contact the appropriate school team promptly. Ask whether the existing plan covers state assessments and whether a meeting is needed. Medical, emotional, or disability concerns should be handled through the applicable special education or civil rights process rather than presented as a religious waiver.
Understand the practical consequences
Refusing a test may affect the school’s participation rate, even when the individual student receives no academic grade for the assessment. Parents should ask whether the score is used for classroom placement, promotion, course decisions, or evaluation in their district. New York state assessments are generally only one source of information, and parents can request the district’s written explanation of how results are used.
A refusal can also create confusion if staff members use different terms. Bring a copy of the written request on testing day and calmly repeat that the parent has declined participation. If the school reports pressure or retaliation, document the incident and seek assistance from district officials or an education advocacy organization.
Build broader civic support
Families who oppose high-stakes testing may also wish to contact elected officials. A focused message can describe the effect of testing on children, classroom instruction, privacy, or local decision-making. Guidance on writing a constituent message is available in this letter-writing resource.
Political advocacy does not replace the school notice, but it can help explain why families want changes to state assessment policy. Keep the message factual, identify the action requested, and connect the concern to local experiences without revealing unnecessary student information.
Steps for a careful request
- Review the district’s testing calendar, parent handbook, and assessment policy.
- Send a dated letter to the principal and keep delivery records.
- Describe the objection honestly without claiming a legal exemption that does not exist.
- Request written details about supervision, attendance, and alternative activities.
- Escalate unresolved concerns to the superintendent or an experienced education advocate.
A respectful written refusal gives the school an opportunity to respond and creates a clear record of the family’s position. Share documented experiences with New Yorkers United for Kids so parents, educators, and community members can support local control and advocate for testing policies that respect families and students.