Parents in Rochester, New York, filed a federal class action lawsuit against the state and their son’s school, which punished him for refusing to take the tests in accordance with his parents’ wishes.
The school not only punished the boy, but sent the sheriff’s office to the ballfield to make sure he was not allowed to play baseball.
Good for them! I would sue too.
The story says:
“New York has no policy on “opt-out” protests, so students in one district may be disciplined for “insubordination” while students in a neighboring district can sit out “without fear of reprisal,” lead plaintiffs Melissa and Craig Barber say in the complaint.
” They sued the state, its Department of Education, the Rush-Henrietta Central School District and School Board, its superintendent and the principal of Burger Middle School.
“The Barbers say they told their son’s school by letter that they did not want him to take the test. But not only did the school punish him for being “insubordinate,” it called the sheriff’s office to send officers to a ball field to be sure he did not play baseball while the school was punishing him, the parents say in the complaint.”

I can’t believe the sheriff’s department would have done it.
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The corruption of the process of developing Ed policy in this country…
“The people of Pearson are committed to earning the trust of the educators and the students we serve.”
-Susan Aspey
*Susan Aspey is the Vice President for Media Relations at Pearson. According to the website Linkin, she previously was press secretary at the United States Department of Education. I think she epitomizes the disturbing relationship between private companies that are selling products to many levels of American government and government agencies that promote educational policy and are supposed to regulate private contractors.
What Pearson IS committed to is obvious and is boldly stated in its investor material:
“…a strategy of becoming the world’s leading learning company with heavy exposure to the growing global education market.”
http://www.pearson.com/investors.html
“…we measure our progress against three key measures: earnings, cash and return on invested capital.”
http://www.pearson.com/investors/strategy.html
———–
*Alan Singer: Pearson Fails the Test Again and Again | Diane Ravitch’s blog
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Diane,
Thank you for posting this! It means so much to thousands of us who care about children, parenting, and education.
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They should sue the law enforcement department as well.
Using children to further turn our great nation into a police state is reprehensible. This is bullying, pure and simple.
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YES IT IS!!!
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Diane — Fear is the mind killer. School districts are acting out of FEAR. We need to restore COMMONSENSE and HUMANE TREATMENT of students in our care. The aristocracy is imposing its will on the helpless children of AMERICA. Our job as educators is to PROTECT & SERVE & DO NO HARM. The new school yard bully is not the big strong jock —it’s the geek.
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I just finished proctoring the second grade state mandated math test: what a demoralizing ordeal for teacher and student alike; I applaud the parents who see their duty to insure the welfare of their children and are willing to take a stand!
This parent has devised an opt-out form:
Exercise Parental Rights
Dear (Superintendents Name)
I (your name) the parent/guardian of (child’s name) am choosing to exercise my parental rights to “direct the upbringing and education of my child.” (Name of school district) does not have my permission to administer any State or District mandated standardized test to my child (child’s name).Please note Parental Rights are broadly protected by Supreme Court decisions.
Since (name of district) accepted Race to the Top funds administering any state or district standardized testing that measures teacher performance to my child means my child is proving the catalyst of pay which violates the Fair Labor Standards Act (FLSA) of 1938, which states that sixteen is the basic minimum age for employment. It also says that when young people work, the work cannot jeopardize their health, well-being, or educational opportunities.
Please be advised if ( Name of District) administers any State or District mandated tests to my child (name of child) the district will be liable for denying me my rights as a parent and I will file a complaint with the civil liberties union and follow through with a law suit.
Sincerely,
(Your Name)
http://nocommonsenseeducation.blogspot.com/2013/03/exercise-parental-rights.html?m=1
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Excellent!!! The terms of my granddaughter’s IEP were violated in the administration of NYS testing. She is to have tests and test questions read to her, in addition to additional time. She was given mandated additional time but was not allowed to have a reader per testing guidelines. I would love to see action brought against the state for violation of her civil rights. However, I am not in a position to do this. Is there a possibility of a class action suit?
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I would make sure that none of the scores are reported in her IEP since she wasn’t given her testing accommodations. Her accommodations are intended to level the playing field; therefore, she was at a disadvantage. I know it is not much consolation, but your granddaughter needs to see that the adults she trusts to look out for her do not give in.
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Dorothy,
Your granddaughter’s test results are invalid because her testing conditions were not in compliance with her IEPspecifications. You can demand that they be removed from her record and be eliminated from any data base being used to measure the teacher or the school. No one, and I do mean NO ONE can override the authority of the IEP dictates without your approval or due process..By doing so the school has violated federal law. The IEP is a binding legal contract between her parent/guardian and the school district and it is protected by federal legislation.
. Make sure you put your demand to the school in written form……That… ‘it is my understanding that my granddaughter (name) was administered the tests (on such and such date at such and such school) without the testing accommodations specified and delineated in her IEP (dated such and such). These accommodations are specifically listed as: such and such. Since these accommodations were absent during her testing session, her performance and score on the test can not be considered valid, reliable or within the legal protections provided her via IDEA Law. I am therefore insisting that her responses and scores be immediately removed from her record, as well as, be excluded from the score data based used to determine school ratings. (Here is the important KAPOW phrase: ‘ I am hopeful that this unfortunate situation can be resolved amicably without delay to avoid my seeking of further legal counsel and/or persuing further litigation. Thank you for your thoughtful attention to this matter.’ Send the letter via certified mail, wait 10 days and if you receive no response from the school…call a Special Education attorney! There is NO excuse for ignoring a student’s IEP…absolutely none! (I am sure the school’s response will be favorable….Thanks to the KAPOW sentence!)
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Great! Once parents start saying Enough, that will be the end of all this nonsense.
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So thankful for their courage. Feels like the tide is turning because of all the opt out NY parents. Class action lawsuit is a great next step.
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Just a correction, Diane… Melissa Barber teaches in the Rochester City School District. Her son attends Rush-Henrietta School District. It’s an important distinction because Wilma Powell, a member of the Rochester Board of Education, came out against new state tests based on Common Core Standards and chose to not have her child take the tests. Other Rochester City School District parents made the same choice. To the best of my knowledge, there have been no repercussions against RCSD students or parents. Ms. Powell made it clear that she spoke as a parent, not as a school board member, in her opposition to high stakes testing.
I was very surprised at the posture taken by Rush-Henrietta School District, having taught in another school district under the interim superintendency of Dr. Kenneth Graham. It was his position at that time, 1998-1999, that tests could be used to demonstrate a variety of things, depending upon what one wanted to see. I found Dr. Graham to be very fair and honest with teachers in the district and continue to respect his leadership in Rush-Henrietta School District. I can only hope that his position on standardized tests remains the same.
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Unfortunately the case was dismissed by the judge.
http://rochesterhomepage.net/fulltext?nxd_id=385412
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Yes, but the attorney for the family is stil going to stake depositions to continue to fight for this case and will probably appeal the decision.
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Case was not dismissed – the temporary restraining order to allow the child to play baseball was denied. (see response to Dunning). I’m hopeful – this attorney is working hard to advance the challenge. Thanks for chiming in.
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The case was NOT dismissed. The request for a temporary restraining order was denied. The judge stated he would not intervene at this stage with the school’s punishment because it involved extracurricular sports not academics. Of course there are arguments that can and will possibly be made about the integral role of sports in education, etc. but the point is this was a disappointment but the case was NOT dismissed.
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Reform is about giving parents choices… unless the parents choose what the reformers do not want. Then, punishment.
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perhaps holding the kid as an “enemy combatant” would have proved more effective…without the right to remain silent of course. What is going on in this country?
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It’s a hot mess… that’s what’s going on.
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Police state…and for profit, too. This is most disgusting and disturbing.
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Yes, the behavior of the school officials and law enforcement is truly nauseating. While I feel sorry that this student and parent have to go through this unbelievably unjust situation, I applaud their steadfast decision to pursue a legal resolution. It takes courage.
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I think they should start their own baseball team… like “back in the day” when it was all about stick-ball in the alley… no one can prevent kids from playing informally… and those that support the parents can have their kids play too… take the weapon away from the bully… the game is about having fun… as long as it’s away from the ball field where the “authorities” will try and prevent them… find a place for everyone to play informally, have fun, and give the proverbial finger to “the system.” The Rheeformers have taken all the fun out of EVERYTHING about education… it used to be about growing hearts and minds… now it’s about winning at all costs… and the cost is that the kids lose…. and eventually we ALL will lose.
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Please show support to Melissa Barber Family: “LIKE” her support page — https://www.facebook.com/#!/BarberFamilyStandsUpToHighStakesTestsInCourt?notif_t=page_new_likes
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I need numbers to present my case. Please help!
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AGAINST STANDARDIZED TESTING
28SundayApr 2013
Posted by garychatty in Uncategorized
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[Edit]
If you agree with opting out of these ridiculous standardized tests, please help.
I am compiling statistics for my book TEACHING IN 2013. I AM A PUBLISHED AUTHOR OF 4 BOOKS, INCLUDING “THE QUIXOTIC TEACHER.” PLEASE HELP AND…PLEASE TAKE THIS POLL:
DO YOU AGREE WITH STANDARDIZED TESTING FOR CHILDREN?
https://apps.facebook.com/polldaddy-polls/?view=poll&id=7053790
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The state of NY has a law that requires all districts to give common core tests, but no law to teach the material? That would make perfect sense, in Iran.
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….requires districts to GIVE the test…does not require kids to SUBMIT to the test….because free will is free will. Teach parents to tell kids to “just say no.”
This is the Civil Rights Issue of our times, and it is a “teachable moment” for our children. Let us not mince words. During the American Revolution, do you think parents “softened the blow” of what what happening?
We must teach our children that families have rights, parents have rights, children have rights – read the Constitution with them. Tell them to “Plead the Fifth” when it comes to any data gathering or testing!
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Actually, Iranians enjoy a very high literacy rate. . . please do not boil this down to ethnicity. A bad practice is a bad practice.
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So, now we are creating criminals out of our students for opting out of a nonsensical test. Is this really America or is this the new communist state of NY? Stalin, Mao, and HItler would all be proud.
WAKE UP NY PARENTS, YOUR CHILDREN ARE IN DANGER!
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🙂
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This is significant as Rochester is in many ways ground zero for the reform movement and the CCSS/PARCC dating back to the 1980s when the Carnegie Foundation floated its first national standards trial balloon. Give ’em hell, Barber family!!
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Geez! They won’t send anyone from the police when I had a kid absent half the school year. I am waiting for the mass opt-out of the testing craze. Pearson needs to go out of business, along with the rest of the “for-profit” reform business.
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Like the Sherriff’s Dept. has nothing better to do. These administrators are mindless twits and Pearson stooges.
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More parents and teachers need to stand up and demand an end to standarized testing, the NCLB and the harrassment of unions and public school teachers. America has become the test capital of the world but teachers and students are starting to hate education.
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