Opt In Parents Permitted to Examine Their Child’s Response to Certain Test Questions and May Be Able to Copy the Same

The refusal movement is in full swing and is likely to yield “opt outs” in record numbers. Despite the same, there are still some students who opted in.

Review of Test Books by Students and Parents provides parents the right to examine their child’s test answers.

For the 2014 Grades 3–8 Common Core English Language Arts or Mathematics Test administration, students and their parents/guardians may be allowed to review only the student’s own responses to open-ended questions in English Language Arts Book 2 and Book 3 and Mathematics Book 3.


The review must take place in the presence of school personnel. Photocopying of any of the test materials is not permitted.

NYSED says “no copying”.

But, as to copying the child’s answer sheet, COOG seems to say different.

This is a request for an advisory opinion concerning public access to individual achievement test answers generated by a child – a sixth grade student – father wants COPIES of the test materials “the District has denied access to a manual outlining administration guidelines for the achievement test, and has refused to provide copies of son’s test answer booklets, based on their assertion that the booklets are copyright protected, however, the District has offered to allow him to review the test answer booklets upon appointment.”

“In our opinion, due to the similarities between the federal Freedom of Information Act and the New York Freedom of Information Law, the analysis by the Justice Department may properly be applied when making determinations regarding the reproduction of copyrighted materials maintained by entities of government in New York. In sum, if reproduction of copyrighted material would “cause substantial injury to the competitive position of the subject enterprise,” i.e., the holder of the copyright, in conjunction with §87(2)(d) of the Freedom of Information Law, it would appear that an agency could preclude reproduction of the work. Because the manual and test booklets are disclosed to numerous persons, including students, teachers, administrators and others, it is our view that there is no basis for denying a request to inspect or copy these documents.”


I am still searching for ways to get around NYSEDs refusal to disclose test questions to the public in an effort to force their hand. Due to licensing issues, among other things, that task has been met with great resistance and seems to be a lesson in futility.

But, Im researching how to do this anyway with hopes that advocacy groups and parents like myself will one day slay the HST beast.

NYSEDs lack of transparency speaks volumes.

Futility aside, if those who opted in examined and copied their child’s responses then perhaps that would help in terms of establishing the identity and/or context of some test questions?

Slaying the beast requires coming up with creative solutions to getting “Top Secret” test info out to the public.


One thought on “Opt In Parents Permitted to Examine Their Child’s Response to Certain Test Questions and May Be Able to Copy the Same

  1. What about having the parent read aloud the questions??? No copies made but the questions obtained orally! Maybe?

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