This letter comes from three teacher educators at the State University of New York
In the assault on public education, New York State is in the midst of a battle. The growing movement to opt out of state testing has caught the attention state leaders and school administrators, who have a stake in supporting assessments. The New York State Teacher Union (NYSUT) represents public school educators. As a public union, it claims to support the best interests of students. In fact, NYSUT has sponsored a petition to limit high stakes testing and a forum for teachers to “tell it like it is” about testing. And on April 13, NYSUT Vice President Maria Neira led a rousing call for teachers to “ratchet up our collective voice.”
But earlier in the week, NYSUT President Richard Ianuzzi sent a memo to local union leaders. This memo acknowledges the growing opt out movement, as well as the complex role of teachers in this era of “over-emphasis on standardized testing.” However, the memo goes on to inform local leaders that:
• Locals and individual union members who advise parents or students to “opt out” of state tests may face risks.
• A teacher who, in conversations with students or parents, takes a position on testing contrary to the school district’s educational program may potentially be charged with misconduct or insubordination and could be subject to disciplinary action.
• A local speaking as a union or an individual member speaking as a parent or citizen about educational concerns over standardized testing for instance, in a letter to the editor or in a statement to the Board of Education is protected as long as they are not encouraging parents or students to opt out from a scheduled test.
As activists, scholars, and teacher educators who are working with parents and teachers to inform the public about the current “reform” movements, we find this memo chilling. How easy would it be to perceive that a teacher speaking out about the negative effects of high-stakes testing would be encouraging parents or students to opt-out?
Public educators have always occupied a complicated place in society. We are agents of the state who are working to improve the system. To improve the system, we must critique it. These critiques can be perceived as insubordinate; this perspective explains the importance of academic freedom. Teachers are experts in the field of education. As Neira states, their voices must not be silenced: they should be invited and amplified. NYSUT, as the union representing teachers, must support the needs of students by supporting the expertise of teachers. They should be encouraging teachers to speak out and giving every level of support to those who do.
Expectations for professionalism or propriety, such as those supported in this union memo, silence teachers. To silence teachers prevents educators from being activists in their own field. It dismisses their expertise and their commitment to the public good.
Imagine if doctors, lawyers, or engineers were discouraged from sharing knowledge that would benefit their clients? This would not be tolerated, and it should not be tolerated in the profession of education. Our future depends on it.
– Julie Gorlewski, Barbara Madeloni, and Nancy Schniedewind

I waited until I retired to become particularly vocal about my objections to the means of administering the tests and to the often cold and inhumane treatment of teachers, who, by the way, were doing an excellent job.
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So much for freedom of speech. It seems that we are supposed to put the administrators first, not the students. As teachers, we are used to chosing our words carefully, but this crosses a line.
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But, if you are a teacher and a parent, you can speak as a parent and dare them to fire you.
There are also many retirement groups that are voices for the teachers who are being thrown under a bus.
These tests do no work. It is a chaotic curriculum benefiting the Testing Hierarchy and the Book Publishing Company Giants.
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It is sad that in today’s climate, BOEs may go after teachers that speak out, but that is reality. The Union’s job is to protect the teachers from litigation by warning them of this possibility.
This may silence Teachers from proposing “opt-out” but if ask by a parent or student for their opinion at say PTA or BOE meetings the Teacher could offer “opt-out” as advice.
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If not a day goes by that you aren’t contemplating your exit strategy from education, it is time to speak out!
Teachers should stand together with parents on all of these “reforms.” There is nothing to lose at this point. By staying silent, your profession will slip away. And the day will come when parents will ask you why you didn’t say anything. Standing together might preserve some vestige of public education as it was meant to be.
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They have no control on parents/guardians. They do have that ax over the heads of employees though. This is a part of the total control authoritarian govt. we now have. It is fascism. That is who we are now. We must fight back as this is unacceptable.
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Truly Fascist.
I think if parents understood more about these “reforms,” they would realize they not only reallocate funds and usurp local authority, they aren’t good for our children.
Children are simply collateral damage in the war on education/teachers. How do we align these two forces – teachers and parents? It is amazing how parents acquiesce to mandates little by little (speaking from the perspective of both a parent and educator) while teachers simply continue to “dance as fast as they can.”
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TESTING=
Out of Control
Humiliating for the students
Turning administrators into evil beings
Turning education into an assembly line with quality control at the hands of the Testing Hierarchy
A complete burn-out for students and teachers
Chaotic
Money Maker for the Giant Publishing Co
Thank you for Private Schools
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A friend of mine has a data base of over 600 teachers in LAUSD who have been falsely charged and then illegally terminated or up for termination without following the law and “Due Process.” Are you building a data base in your district? If not, you should. First of all these falsely charged teachers need support just to keep from going insane as no one believes them. I started in this subject about 1995 and the true stories fully documented are tragic. Today the stories are the same. We spend a lot of time with these teachers trying to keep them from first going crazy and two helping them get their legal rights and third preventing the state from passing laws which take away their rights. We need help in stopping AB 375 which is California Assembly 2013 bill AB 375.
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We, as teachers and citizens, have an obligation to the students and to our profession to speak out when educational reforms become harmful. To do anything less would be negligence.
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The memo that you referred to does not surprise me especially if you consider the national conventions of both of the major national education associations. They don’t seem as concerned about moving forward in protecting the rights of children and teachers as they do in somehow cohabitating with the corporate entities that seek to destroy unions. They don’t seem to realize that this is a no win situation.
And to proceed along these lines has really not shown any evidence of helping the reform movement at all. I think it would be much more productive to take a leadership role by using collective-bargaining as a means to promote an agenda of reform.
How about a memo suggesting bargaining for more pay for time spent testing, only allowing psychologist to administer test, or a joint admin/parent/teacher committee to review tests to ensure that students are not being tested on material not yet taught.
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It’s a wonderful piece. Id just like to say that, if I weren’t discouraged from speaking out, and didn’t feel that my expertise was being dismissed that I wouldn’t feel the need to comment, tweet and blog with a silly name like doenuts. There is a reality here at work here (that teachers are being discouraged from speaking up) that includes more topics than just testing, so to say that it was refreshing to read this letter might be a bit of an understatement. Thanks for it.
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“Imagine if doctors, lawyers, or engineers were discouraged from sharing knowledge that would benefit their clients? This would not be tolerated, and it should not be tolerated in the profession of education.”
Don’t forget the recent news stories regarding the suppression of research into gun violence as a public health issue. Legislation has been created to limit the ability of CDC and HHS to perform research regarding guns to NRA funding removal threats.
Public discourse regarding public goods is being threatened by special interests and big money “reformers” claiming to protect public goods in more areas than educational reform.
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off topic and may not be appropriate but two explosions just happened at the end of the Boston Marathon. Many people have been hurt and nobody knows yet what happened. My prayers are for everyone, and hope no one is badly hurt.
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I don’t have a good feel for Ianuzzi, but the memo makes it sound like he’s playing the game politically, and not in the best intentions of students or teachers in NY. I hope I’m wrong.
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Silencing teachers about education. Scary and wrong.
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The Powers that Be know that “Ignorance is Financial Bliss” for the large companies who have never set one foot in one classroom.
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Here’s the letter sent to locals from NYSUT President Dick Ianuzzi. Oh, I missed the part on the bottom saying I shouldn’t share this, oh well…..
Dear Local Leader:
NYSUT is aware that “opt-out” conversations are sweeping the state in anticipation of next week’s ELA testing and the coming administration of other state tests. We know that you and your members are being asked questions by concerned parents. Teachers are trying to reconcile their own roles as public school educators, private citizens and as parents too. We all share frustration with the state’s over-emphasis on standardized testing, which is narrowing the curriculum and placing great stress on many students.
As an organization, however, NYSUT should neither encourage nor discourage decisions by parents to opt out of state testing. It truly is parents’ choice, based on what they believe is best for their child.
With that said, as local leaders you should know and share with your members as needed the following:
Locals and individual union members who advise parents or students to “opt out” of state tests may face risks.
A teacher who, in conversations with students or parents, takes a position on testing contrary to the school district’s educational program may potentially be charged with misconduct or insubordination and could be subject to disciplinary action.
A local speaking as a union or an individual member speaking as a parent or citizen about educational concerns over standardized testing for instance, in a letter to the editor or in a statement to the Board of Education is protected as long as they are not encouraging parents or students to opt out from a scheduled test.
This is a complex and emotional issue for all of us teachers and parents. NYSUT is committed to protecting its members and doing what’s best for their students. We will continue to provide advice and answers to questions you may have. Please do not hesitate to reach out to your regional office or to me directly if you have further questions.
In solidarity,
Dick
Richard C. Iannuzzi, President
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In response to the following paragraph
“A teacher who, in conversations with students or parents, takes a position on testing contrary to the school district’s educational program may potentially be charged with misconduct or insubordination and could be subject to disciplinary action. ”
Response
I resent the numerous, useless tests that my children are taking in the Public Schools.
Fire me..
I have already quit teaching ..I test…so you can do no harm.
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No, we wouldn’t want ten or twenty year teachers offering an opinion on education policy. Clearly, only two year teachers with no formal training are the best people to be deciding what is best for students and education.
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I know Boston is in bad shape. Weird déjà vu. Like 12 years ago. This one reads like a mutiny.
Sent from my iPhone
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What about if we opt our own children? I’m considering it, but I need my job.
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As a parent, you have every right to do this, from my reading of the memo and my understanding of our rights as citizens. United Opt Out is a tremendous resource. – Julie Gorlewski
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Only a few solutions that will be considered to be inevitable and potentially effective:
1. lawsuit against NYSED and the Board of Regents
2. lawsuit against NYSUT
3. lawsuit against the US Department of Education
This is a clearcut violation of free speech.
As a private citizen off my employment premises and outside the scope and hours of my duties, I will say whatever I please to any other person(s). In that context, I can speak to parents and fellow colleauges from my job. I might chose to be selective about who I talk to, but ultimately, i shouldn’t have to.
If I were to do this while employed, or off premises/outside of work hours and advertise myself as an empoyed teacher and not as a private citizen, then I can see there being an issue potentially.
We must fight this fascism that is coming from big money entities, government in bed with them, and the erosion of the first amendment.
School districts, believe it or not, are just as much of a victim in the sense that they get slammed in the head if they don’t cooperate with state governments. . . . there are all sorts of sanctions.
The pivotal component here is that ANY individual has a free speech right to communicate whay they believe to be harmful or counterproductive to children. That’s NOT just a right.
It’s a responsibility.
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“. . . there are all sorts of sanctions”, yes and all over my school are plastered anti-bullying signs.
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As always- you are right on target. Keeping quiet equals complicity.
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A real union would have pointed out any potential or real risks to its members, and then assured them that it would fight for their professional autonomy, academic freedom and First Amendment rights.
However, having signed on to the Common Core and the endless testing that is its fundamental purpose, AFT/UFT/NYSUT are busy managing their membership and appeasing the so-called reformers.
In addition to pushing Common Core, they have also signed on to a new evaluation system that destroys tenure/due process as we know it.
The union leadership keeps saying it makes these catastrophic decisions in order to have “a (children’s) seat at the table.” What they don’t seem to know or care about is that they are being used to play the membership just long enough for public education to be irrevocably privatized, at which point they won’t be needed anymore, and they’ll be disposed of like the teachers they betrayed.
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So grim, so evil, so true.
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Teachers have long been told to leave their freedom of speech at the schoolhouse door. That is why we have (or had) tenure, so we couldn’t be fired for using our constitutional rights. It’s amazing how tenure will free a teacher. That’s why the politicians and butt kissers want it gone. Teachers only take so much.
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Every school system should have an anonymous blog available so they can speak out and say the things that need to be said. It should be part of the administration’s job to read it at least weekly.
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I am a teacher. We have been speaking out, for about the past 20+ years. No one has been listening.
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I’ve always been a strong union supporter and I really appreciate what teacher’s unions have done for my profession in years gone by. However, more and more lately I’m looking at how powerless my union is to help me, even if it wasn’t in bed with some of my enemies, and I wonder what else I could do with that $100 per month.
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the UFT leadership are cowards and collaborators.
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As always- you are right on target. Keeping quiet equals complicity.
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