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

Requesting to review your child’s tests/education records:

Supporting a parents right to review and inspect child’s test material and answers, is a memorandum from the U. S. Department of Education’s Family Policy Compliance Office relating to parent’s rights to have access to test protocols. On October 2, 1997, LeRoy S. Rooker, Director, Family Policy Compliance Office issued a memorandum titled: “Access to test protocols and test answer sheets.” In part he cited the Family Educational Rights and Privacy Act (FERPA) stating: “FERPA is a Federal law which affords parents the right to have access to their children’s education records . . . .” In sum Mr. Rooker noted that a parent has the right under FERPA to examine both the test question booklet and the child’s test answer sheet.

See here for USDE Leroy Booker memo:

See here for Wrights Law video discussing parent rights to access and inspect test protocols:

See here for Wrights video about copying test rights

Schools of Thought Hudson Valley, NY

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 –…

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