Kyle and Jennifer Massey in Waco, Texas, wrote a respectful letter to their child’s principal explaining why they would not permit him to take the state STAAR tests or to engage in test prep for STAAR testing. As his parents, they care more about their child than the Legislature or Governor Perry or Pearson. They clearly, in this instance, know more than the legislators who are influenced by lobbyists to keep piling on more testing without regard to the best interests of children or our society. They want for their child what “the best and wisest parent ” wants for his own children: a full, rich, creative, liberating education, one that prepares him for life in a democracy, not endless drill and practice for tests that are prepared thousands of miles away, whose sole purpose is to rate their child, his teachers, his principal, and his school.
The Masseys write:
“This letter is to respectfully inform you that our fourth grade child XXXXXX will need to be excused
from all mandated standardized testing (e.g. STAAR test) during the remainder of the school year. This is also
to include classroom activities that are intended as STAAR test preparation, such as practice tests and test-
taking training exercises. As we are morally and ethically opposed to these school activities, we are making this
decision with recognition of our parental rights and obligations under the due process clause of the Fourteenth
Amendment of the United States Constitution and the Texas Education Code (Title 2, Subtitle E, “Students and
Parents, Section 26, “Parental Rights and Responsibilities”).
“We maintain that it is our parental right to choose to opt our children out of school activities that are harmful to
children as stated in the Texas Education Code CHAPTER 26. PARENTAL RIGHTS AND RESPONSIBILITIES
Sec. A26.010.EXEMPTION FROM INSTRUCTION. 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. Please consider this letter to be our written statement of
authorization.
“We want our children to become critical and creative thinkers, not subservient test-takers.
We do not want XXX or his teachers shackled to a faulty testing product such as the STAAR test, or any standardized test for that matter. High-stakes standardized testing is not the education experience we want for our children, and thus we are choosing to opt XXXX out of all STAAR testing activities.
“Public education in this country has been the victim of thirty years’ worth of neoliberal hegemonic attacks in the form of political and
economic policies. These corporate attacks have negatively altered the structures, pedagogical practices, and
intended democratic goals of public education. As we reflect on the intended goals of public schools in a liberal
democracy – to prepare citizens for active civic participation, and indeed for global citizenship, for example –
we believe it is morally wrong to put children through the ordeal of standardized testing which has no benefit to
their personal education or development as citizens.
“The following summarizes some of our reasons for our belief that the practice of high stakes standardized
testing is morally wrong:
“AFFECTS SOCIO-EMOTIONAL WELL-BEING: This system of constant testing seems designed to
produce anxiety and depression. Evidence has accumulated over the last few decades of the
detrimental effect of frequent testing on students’ enjoyment of school, their
willingness to learn, other than for the purpose of passing tests or examinations, and their understanding of the process of
learning. A well-documented direct impact of testing regimes is that they induce test anxiety in young
learners and that perceived low scores negatively affect students’ self-esteem and perceptions of
themselves as learners. Any negative impact on motivation for learning is clearly highly undesirable,
particularly at a time in a young person’s life when the importance of learning to learn and lifelong
learning is widely embraced.
“KILLS CURIOSITY AND LOVE OF LEARNING: High-stakes standardized testing actually limits and
reduces the amount of QUALITY learning experiences. Rather than focusing on a child’s natural curiosity, testing emphasizes (and drills in) isolated facts limiting teacher’s ability to create
environments that stimulate a child’s imagination.
“REDUCES A CHILD’S CAPACITY FOR ATTAINING NEW KNOWLEDGE: If children cannot actively
make connections between different topics of study, they don’t remember what they learn from day to
day. Most standardized tests are still based on the recall of isolated facts and narrow skills.
“REPLACES HIGHER ORDER THINKING WITH SKILL, DRILL AND KILL: Most tests include many
topics that are not important, while many important areas are not included on standardized tests
because they cannot be measured by such tests. Teaching to the test does not produce real and
sustained gains on independent learning measures.
“NARROWS THE CURRICULUM: The loss of a rich curriculum has been documented in research and
in teacher testimony. The use of high-stakes tests is universally found to be associated with teachers
focusing on the content of the tests, administering repeated practice tests, training students in the
answers to specific questions or types of question, and adopting transmission styles of teaching. In
such circumstances teachers make little use of assessment formatively to help the learning process.
High-stakes tests are inevitably designed to be as ‘objective’ as possible, since there is a premium on
reliable marking in the interests of fairness. This has the effect of reducing what is assessed to what
can be readily and reliably marked. Generally this excludes many worthwhile outcomes of education
such as problem-solving and critical thinking.
“REDUCES SOCIALIZATION AS A CENTRAL CORE OF LEARING: The reduction of opportunities to
learn to socialize through and collaborative classroom activities reduces children’s opportunities to
develop healthy social skills. Being seated alone at a desk taking a test all day, or for a significant
portion of the day, isolates children from learning how to develop community-based problem solving
skills they will need as adults.
“WASTES VALUABLE EDUCATIONAL TIME SPENT TAKING TESTS: Texas Public Schools will
spend one of every five days or nearly 20% of the school year conducting tests. According to the
Texas Education Agency, Texas public schools will spend 34 out of the 185 day long year conducting
tests mandated by the state government. This does not include the regular testing in schools such as
six-weeks tests, quizzes, and final exams.
“VIOLATES ALL CHILDRENS’ RIGHTS TO A FREE AND APPROPRIATE EDUCATION: High-stakes
testing leads to under-serving or mis-serving all students, especially the most needy and vulnerable,
thereby violating the principle of ‘do no harm’. For example, students living in poverty, who already lack
critical access to books and free reading, are condemned to test prep instead of having opportunities
to read. Monies desperately needed for vital school resources such as clean drinking water, supplies
and roofs that don’t leak are being spent on testing materials. Texas spends $44 billion per year on
public education, of that $1 billion is spent just on testing days!
“LIMITS THE EDUCATION DECISION-MAKING POWER OF COMMUNITIES: Largely though
standardized testing, neoliberal reforms have transferred the control of schools away from the local
school boards, where control has resided since the founding of public schools, to the state and federal
levels, which create policies about which communities have little input but are mandated to implement.
States and the federal government have managed to gain control in part by adopting a discourse of
civil rights and equity, and by not imposing specific curricula on schools but, instead, leaving it to the
local school districts to implement curricular policies to achieve the test score goals, what can be
described as steering from a distance. In this way, the state and federal governments are able to take
credit for whatever perceived improvements result from their policies, and, conversely, whenever their
policies produce negative results, they can blame someone else, usually teachers. Teachers have
suffered the brunt of the blame since the publication of a Nation at Risk (1983) thirty years ago.
Consequently, the negative portrayal of public school teachers in the USA has demoralized many
educators.”
There is more. Go to the link and read the letter.
I hope the Massey will let you (and then us) know the response to their letter. Was their child allowed to opt out? What did their child do when the class was doing test prep?
That was my question. Do they remain at school? Are they warehoused and given busy work? This adds a whole new mix of problems in need of solutions for (most likely) the already over worked teachers. The inconvenience of this decision will undoubtedly add to teachers’ stress levels. I understand the parents desires to control things however, this would appear to create more distractions rather than mortally wounding the test beast.
We don’t have a legal opinion, but this article from the Dallas Morning News quotes the Texas Education Agency;
Are Texas parents allowed to opt their kids out of STAAR tests? A Waco couple is trying [MULTIPLY UPDATED]
By Jeffrey Weiss
JWeiss@dallasnews.com
5:18 pm on March 22, 2014 | Permalink
Nationally, there’s a small movement of opt-outers. Parents who are saying they have the legal right to hold their children out of state-mandated tests. I’d not heard this tried in Texas. Until now. Letter posted on the Interwebs by, it says here, Kyle and Jennifer Massey of Waco. Here’s a nugget:
This letter is to respectfully inform you that our fourth grade child, XXX XXXX, will need to be excused from all mandated standardized testing (e.g. STAAR test) from this point forward. This is also to include classroom activities that are intended as STAAR test preparation, such as practice tests and test-taking training exercises.
As we are morally and ethically opposed to these school activities, we are making this decision with recognition of our parental rights and obligations under the due process clause of the Fourteenth Amendment of the United States Constitution and the Texas Education Code (Title 2, Subtitle E, “Students and Parents, Section 26, “Parental Rights and Responsibilities”).
I’m blocking the child’s name, although it is in the original letter which is linked on Facebook and pretty easily found online. The letter goes into some detail as to the parents’ putative justification for their legal claim. [UPDATE: The parents have now blocked the kid’s name out of the letter that’s online.]
Read the whole thing here.
I’ve sent a note to the TEA asking for a legal ruling.
[UPDATE: Ever-helpful TEA spokeswoman Debbie Ratcliffe, who apparently is as addicted to her email as I am to mine, sends this amazingly fast reply:
Look at the Texas Education Code 26.010.
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.
Highlights mine. Which seems pretty unambiguous. But that doesn’t mean a judge might not be called upon to make a ruling. Plus, the Masseys are trying to make a federal case of it… so we shall see. ]
[ANOTHER UPDATE: I’ve heard from Kyle Massey, who has responded to the TEA response. He is, as you might suspect, not satisfied. And predicts the possibility of a court hearing. He’s given me permission, so I’ll post his entire response at the jump.]
That response from the TEA is what I expected.
Basically what they are saying is that, yes, a parent does have the right to direct their child’s education in a way congruent to their own moral convictions… but except for this, this, this, and this. That’s BS… just because the State or whoever decides to write in a few so-called “exceptions” into the Education Code, that doesn’t trump my basic rights as a parent. My son is in 4th grade.. so for him, this test is not a graduation requirement, nor is it a requirement for his grade level. That only leaves the “avoid a test” thingy. It should be clear from my letter that I am not making this decision simply to avoid a test. Avoid a test sounds like a scenario such as trying to get a kid out of an exam out of fear that he won’t do well and we don’t want his grade in the class to go down. We are NOT “avoiding” a test. Our moral and ethical objection is with the entire regime of standardized testing due to the various points I spelled out in my letter. It’s absurd, in a country that purports to be all about freedom and choice, etc., that the school district would force (I presume physically) my son to take the STAAR test against not only his will, but also against his parents’ will. Forcing him to do something against our moral convictions is completely wrong no matter what crazy clauses are added to the ridiculous Education Code.
I will prepare some response to this and be ready when Waco ISD get back to me. We are going to continue to fight this. Our son WILL NOT take the STAAR test this year. If they do somehow physically force him in some way.. then you can bet we’ll be pursuing this issue through the courts.
In a world where education has become “testucation” and as a 25 year classroom veteran, I am overjoyed to see that there are still well educated parents out there willing to fight the system. It is time for us to stand against the publishers, who are owned by Standard and Poors, and three foreign companies. This is a money making enterprise and nothing more. http://www.pbs.org/wgbh/pages/frontline/shows/schools/testing/companies.html As educators, parents and citizens, it is time we put our collective feet down and just say NO! We are surely becoming a nation of “numerous children left behind”. Our children deserve the best and that is what we need to be fighting for.
The Masseys letter is excellent. Please remember that the Network for Public Education has asked each of us to call our representatives in Washington today, March 24, and ask for congressional hearings into standardized testing.
Reblogged this on David R. Taylor-Thoughts on Texas Education and commented:
Must read.
There is a reason smart parents are choosing to Opt Out their children. Unfortunately, those who wait until they recognize the signs of anxiety and depression have waited too long, and the damage is done. Here is an excellent comment that I just saw in response to another article of dianeravitch.com that explains why parents need to Opt Out: It was written by Kurt Schneider:
My opinion is that the hidden agenda of Common Core is the greatest concern.
Implementing Common Core has allowed the corruption of government and corporate leaders full access to indoctrinate children as well as their parents, and therefore, our American society in general. Forcing young children to function in the Common Core Environment (CCE) should be considered “psychological rape”. It is an authoritarian punitive environment that does not allow children freedom to develop their own identity or individual sense of self. It is an environment of chronic traumatic stress that is considered “invalidating” by mental health professionals and educational specialists. In preWWII Germany it was called Schwarze Pädagogik. It is an environment that breaks the free will of a child.
The psychologist Alice Miller used the concept of Schwarze Pädagogik in her famous book “Drama of the Gifted Child” to describe child-management approaches that damage a child’s emotional development. Miller claims that this alleged emotional damage promotes adult behavior harmful to individuals.
http://www.barnesandnoble.com/w/the-drama-of-the-gifted-child-alice-miller/1002358392?ean=9780465016907
The Common Core Environment is a violation of children’s human rights and should be treated as such. The superficial concerns of standards and inappropriateness of Common Core are just a smoke screen to create chaos in order to hide the real tyranny underneath.
Organizations against Common Core, such as the BATS, NPE, National Opt Out, and others should collaborate to file a charge of “Violation of Children’s Human Rights” against Obama, Duncan, and Gates and present it to the UN. This is Tyranny.
It will take international media coverage to expose our self absorbed and callous leaders who are in denial about the psychological damage of Common Core. Do you agree?
We will keep everyone informed of our progress to opt out. Please follow our journey online: http://kyledmassey.com/optout-day3/ Add your comments and support. Use social media to make your voices heard (you can follow me on twitter jennie_massey and OUT YOUR CHILDREN OUT!
Mr. and Mrs. Massey are incredible parents and dedicated educators. We love the way they are standing up for kids all across Texas.
Texas Kids Can’t Wait strongly supports the Masseys in their decision to opt their kids out of these horrific tests! We are archiving their story on our website: http://www.texaskidscantwait.org. Click on ISSUES, then on OPT OUT. We have also posted the letter, the video, a story from the Dallas Morning News, Jennifer Massey’s blog, etc. on our Facebook page. LIKE it to stay up to date: http://www.facebook.com/texaskidscantwait .if there is interest in doing so, we will organize a parent support group for those wishing to take this step but need support and encouragement from others.
It is encouraging to see parents in the big bully state of Texas mustering the courage and intelligence to stand up for their children and Opt Out. They have a heart!
Maybe we should create new bumper stickers with this slogan:
DON’T MESS WITH TEXAS PARENTS – OPT OUT!
Oh, we like this bumper sticker idea A LOT! Thanks!
And, Concerned Mom, that idea is a good one too! You are right about the vaccines! I’ll pass these ideas on!
I LOVE THIS FOR A BUMPER STICKER!!!!!! GREAT IDEA!!
Bravo! Just wondering if a lawyer could draft a letter citing the valid legal reasons (just as the Massey’s did) but that would apply to any parent in any public school system in the country? Is there such a possibility legally? The Massey’s hit every point that parents and teachers across this nation reflect upon constantly. I applaud them!!!!!! It is tragic that our current generation of young students “test-ucated” in public school are basically “test heads” and tragically FEAR open ended learning that requires creativity, engagement, exploration and critical thinking. They are so used to test-taking that for their young minds, this means that learning is all about right and wrong answers… no gray… just black and white and worst off learning to them is not fun but more like taking medicine. I am so proud of the Massey’s and only hope that their courage begins an avalanche of like-minded parents who say, “Wow, we do have our rights and can exercise them.” Now can we please find a law to cite that will be arguable in the Supreme Court????
No Corporation Left Behind and Race to the Bottom are defined by lobbyists and campaign contributions to politicians from profiteers. Kress, Gates, Murdoch, Klein, Bush, Duncan and Pearson were unprepared by parents’ advocacy across the US.
Common Core and the testing ad nauseam for “accountability” will fail.
Special thanks to the Masseys for standing up for children and pushing back on high-stakes testing nonsense.
Can you revise that “Race to the Bottom” and make it “Race to INSANITY” ?
Thank you.
In my state, parents are allowed to opt out of vaccines by filling out a simple form stating vaccines are against their religion (no follow up is done and most of the parents I know who claim this do not follow a religion that forbids vaccines.)
I guess we need to start a church that forbids standardized testing – we can call it the Church of the Poison Mind. It seems as though the powers that be win by finding loopholes (South Dakota trusts, etc) so maybe we need to use their strategy.
BRAVO to the Massey’s of Waco Texas! Thank you for sharing your excellent letter for other parents to model.
I think artseagal’s comment has some merit: Get a Constitutional Law attorney to write a letter that can be used by parents all over the country. Post it on dianeravitch.com.
Too many parents of current elementary age children in Texas grew up with the TEAMS, TAAS and TAKS and may think STAAR is normal. These parents need to be made aware and understand the monster that has evolved, and the toxic environment that is breaking the will of their children. This permanent psychological damage will impact their children’s health for the rest of their lives. Parents must help their children.
My heart goes out to the children who are struggling in this oppressive environment every day. I was involved in the Civil Rights Protests in the late 60’s, and spent two nights in jail in Greensboro, N.C. I would do it all over again for children today if I knew where to march!!!
My son lives in Texas. His children, my grandkids are home-schooled.
In order to protect their children and have them Opt Out, parents should be able to use the laws that are in place in most states that protect children from psychological abuse.
In Texas it is called Child Protective Services and falls under the laws of the Texas Family Code monitored by the Texas Dept of Health and Human Services. (HHSC)
Unfortunately, in Texas, CPS operates more as a “police” agency and is often threatening to families rather than offering helpful intervention and support services.
However, parents can still use that law by simply stating to the principal of your child’s school:
“I believe the STAAR test and all the test prep leading up to the STAAR is “abusive” and will cause psychological harm to my child. Therefore I want my child exempted from any STAAR test and related STAAR practice activities.”
The principal cannot object. What the parent believes is morally right for their child is true and must be respected. If the school district attempts to disregard the parents rights and gives a punitive consequence, the parents have a right to due process.
The parents also have a right to spend time observing their child’s classroom; however, that right is currently being violated in most Texas schools by denying parents access to their child except with prior permission and scheduled visits.
Most school district attorneys are savy enough not to object to the parents wishes to Opt Out of STAAR because they know the law and due process is costly for them to fight a losing battle.
Parents need to exercise their rights and use the laws that already exists to request their child be Opted Out. If school administrators attempt to give punitive consequences as a result, in Texas report it to Senator Jane Nelson, chair of Texas HHSC.
Bravo Mr. & Mrs Massey! Standardized testing is nothing more than politically correct child abuse. Thank you for taking a stand.
As a Texas teacher of 25 years now, I am forced to participate in perpetration. It’s galling to see sweet children heading into testing like convicted criminals to their death chamber. We get kids with panic attacks, and kids so upset they puke up their breakfast in our hallways. It’s cruel and inhuman, an as teachers we can do little to stop the insanity because our livlihoods, and educator certifications are overtly held hostage.
I’ve said for years that this testing frenzy will only end when parents refuse to tolerate it. Thank you for your efforts on behalf of Texas children.
Becky Baxter, please forgive me but I must give an honest opinion about your statement: “I am forced to participate in perpetuation”.
Unfortunately, that mantra from teachers is an example of our dysfunctional society.
There are two psychological reasons why teachers would remain in a punitive school environment that abuses children. Please bear with me since I feel the need to express my professional opinion as a psychiatrist:
Reason 1:
Teachers are choosing to participate in child abuse because they perceive themselves as helpless victims. They are like spouses who remain in abusive relationships. They see themselves as powerless and are socially and emotionally dependent on the authority who takes care of them. They are insecure with their own identity and are obedient and loyal to abusive authority. Denial, fear of abandonment, helplessness, and shame keeps them trapped in this codependency. This is Stockholm Syndrome. This is dysfunctional. These teachers have the “Cinderella Complex”. They are self-punishing workaholics who get their identity from being slaves for others. They were probably “good and obedient” children who were emotionally neglected or suffered from attachment disorder in childhood. They have low self esteem since they learned to repress their own feelings and needs in servitude to their parents or teachers. They learned to disrespect themselves because they were disrespected. They have empathy and compassion for the children and recognize their suffering, but they are narcissistic and self absorbed with their own victimization as well as their performance anxiety. They fear rejection by authority and are perfectionists. In spite of feeling used and abused, they do nothing to change since they see themselves as trapped. They follow blind obedience and carry out orders without question. (The critical judgmental voice of authority that was “hard wired” in childhood fuels their anxiety & depression).
Reason 2:
Teachers (and administrators) are choosing to participate in child abuse because they get unconscious pleasure from punishing children. They are “bullies”. They most likely grew up being dominated by a critical narcissistic parent, sibling, or teacher(s). They may have been “trophy children” who had to perform for their parents/teachers unrealistic expectations without emotional attachments. They may have high intellect, but are emotionally immature. They have unprocessed childhood trauma, but their faux front maintains the appearance of success and superiority. Their displaced anger and “need for revenge” is projected onto the children or subservient employees.. Because they are narcissistic and sadistic, they do not have empathy or compassion for children, nor do they have guilt. They recognize the children are suffering, but they do nothing to stop it since it gives gives them pleasure to see others suffer, and makes them feel powerful. They see themselves as entitled and superior, and they have a need to align themselves with others who are more powerful. They think they are always right and cannot tolerate criticism. They have a need to be in control and dominate others because their paranoia and insecurity was “hard wired” in childhood. Their cruelty can be very deceptive and manipulative, since they can be charming and charismatic.
Teaching was once regarded as a noble profession. My mother was a teacher and a scholar who dedicated her career to inspiring children to use their imagination and curiosity for self discovery. That is past history, and teaching is no longer noble. From what I have observed, teaching can now be considered a “perversion”.
Teachers are expected to violate their professional and moral ethics to perpetuate cruelty to children; however, teachers are adults and do have a choice. Becky Baxter, when you use the word “force”, please do some soul searching and ask yourself “who” or “what” is the force?
The children are the helpless victims in this debacle called Common Core, and not teachers. This abuse to children is most certainly a sign of our perverted society.
For our psychological friend, “forced” was used by me to represent a scenario where a group of teaching professionals are told “you will….” fill in testing mandates, or we will “deprive you of gainful employment, and pull your teaching certificate.” If that qualifies as being victimized, so be it.
I long ago realized I cannot save the world. I’ve given it the good old college try, but rarely am satisfied with the results. So I have contented myself with offering children the love and support I can in each moment. When something in the system seems inappropriate, I do what I can to bring about needed change. But when fighting city hall will cost me more than I can afford, I have to temporarily leave the battle in order to come back and fight another day. The simple reality is; though I love teaching, I still have to get paid for doing a job in order to keep on eating and paying my bills. If I follow my moral judgment, and my conscience, I will likely get myself fired, and black balled from the profession. Then there will be one fewer person in the profession to advocate for students.
Determining others internal motivations is something best left to each individual. My meager masters degree in counseling has not endowed me with the omnipotence obviously gained when one is elevated to the stature of psychiatrist/psychologist. I did however notice that societal lack of respect for teachers was strongly represented in a post where judgments seemed to be made about those who teach based upon another’s theoretical model of what should happen. Theory and reality often times differ greatly.