Jeff Nichols is a leader of the Opt Out movement in New York City. He and his wife Anne Stone have opted their children out of state tests, organized other parents, written articles, testified before officials, and raised their voices whenever and wherever possible. Both are professors of music, and they understand how little a standardized test can measure of a child’s talent and potential.
Jeff Nichols and Anne Stone are hereby added to the blog’s honor roll for their fearless advocacy for American children.
Jeff Nichols wrote the following letter to Senator Alexander, who is chair of the Senate committee that intends to rewrite No Child Left Behind:
Dear Senator Alexander,
Your committee stands charged with drawing to a close an episode of national insanity that unfortunately has considerable precedent. As in the 1950s, when fear of the Soviet Union induced an assault on our fundamental rights of free speech and freedom of association during Joseph McCarthy’s communist witch hunts, so in the past few years fear of the rising economic might of China and of global competition generally has led to another equally violent assault on a basic democratic principle: the right of the American people to determine for themselves the methods and policies that govern how they educate their own children.
In the name of saving those children from economic ruin at the hands of supposedly better-prepared rivals in newly developed nations, we are destroying the educational foundation of our greatness. Throughout the twentieth century, American public education was characterized by diversity and local control. Fifty state systems loosely oversaw thousands of local districts that possessed great authority to determine curriculum, assessment, hiring practices and many other basic functions of running schools. That is to speak only of the public schools; added to that picture of diversity were innumerable private and parochial schools.
The result was the rise of a free, wealthy, powerful and culturally vibrant nation virtually without parallel in the history of the world.
This is not a coincidence. Our pluralistic, decentralized, diverse education system is a primary reason science, business and the arts have been able to produce an unending stream of great discoveries and innovations that have benefited all humanity.
Yet our federal education leaders want to change all that, and they have used the instrument of high-stakes testing to force the change they want on the nation. Arne Duncan regularly sings the praises of China’s test-driven system and predicts dire consequences if we do not match their achievement. Through the Common Core and associated federal testing mandates, he is well on his way to achieving his goal.
Senator Alexander, have you read the writings of Yong Zhao, the great Chinese-American education scholar who has written definitive rebuttals of Mr. Duncan’s claims? I cite only one fact I learned from Professor Zhao’s latest book, Who’s Afraid of the Big Bad Dragon? Why China Has the Best (and Worst) Education System in the World.
Zhao quotes from the 2013 book The Pathology of Chinese Education by Peking University professor Zheng Yefu, who wrote:
No one, after 12 years of Chinese education, has any chance to receive a Nobel prize, even if he or she went to Harvard, Yale, Oxford or Cambridge for college…. Out of the one billion people who have been educated in Mainland China since 1949, there has been no Nobel prize winner…. This forcefully testifies to the power of education in destroying creativity on behalf of Chinese society.
Zhao, who lived under the Chinese system in his early years, points out what anyone should realize after half a moment’s reflection: China’s education system is designed to systematically suppress original, independent thought. That’s the primary task of education systems in ALL authoritarian societies.
Bill Gates, one of the chief forces behind the current drive to shape American education in the image of China’s through relentless high-stakes testing, has decried the uncontrolled diversity of American education. He has called the myriad state standards and associated diversity of educational approaches that prevailed before the Common Core “cacophonous.”
Well, I say this to Bill Gates, Rupert Murdoch, Eli Broad, Michael Bloomberg — some of the members of the “billionaire’s boys club” that Diane Ravtich has accused of mounting a coup in American education:
When everyone has a voice, it gets noisy. You may call that cacophony. I call it democracy. Get used to it. You and the politicians you back may have exploited the recent Great Recession to scare states into trading their sovereign authority over education for money, but the people of those states are rising up. We are going to retake control over the education of our children. Ordinary parents and teachers will reinstate democratic governance of public schools in this nation, asserting the same rights already enjoyed by the elite (including our president) who opt out of unconstitutional federal mandates by sending their children to private schools — schools where the meaning of accountability has not been perverted beyond recognition, schools where teachers and parents are accountable only to each other as they strive, according only to their best understanding, to do what’s best for the children they are jointly raising.
Public school parents and teachers will claim the same right, with or without the help of the U.S. Congress. If necessary we will do so through civil disobedience. My wife and I will submit our two children to no state-mandated standardized tests; we have joined tens of thousands of parents in our state of New York, defying both the federal government and the state authorities who caved to federal pressure, betraying our children to serve the interests of politicians and their corporate backers.
As in the McCarthy era, there is no middle ground here, Senator Alexander. You and your colleagues in Congress will either stop scapegoating teachers for the effects of poverty, and restore to parents, teachers and local communities their rightful control over public education, or you will go down in history as enablers of one of the most destructive series of laws and policies of our time: “No Child Left Behind” and its equally flawed sequel “Race to the Top.”
I call on you to work tirelessly to remove all federal efforts to control curriculum, assessment and teaching methods in our public schools. Leave it to us citizens, who are uniting across the political spectrum to defy illegitimate federal education dictates, and who you can rest assured will not only see to it that our children are “college and career ready,” but also fully prepared to know and assert their inalienable rights in a democratic society.
Sincerely,
Jeff Nichols

/Users/robertrude/Desktop/Bill Gates Plugs.jpg
Hey Bill Gates: How’s the plug thing working for you now?
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Ouch, your picture didn’t come through. Could you try again, please?
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Well written Jeff ! Hope the Senator reads it.
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Awesome letter!
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Excellent, well informed, passionate. Thank you.
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Brilliantly written, Mr. Nichols.
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To Two Music Professors, Dr. Nicols and Dr. Stone:
I hope that all conscientious educators from Kindergarten to Post Secondary Education, including part time, full time, substitutes, and teaching seasonal contractors from all subjects in STEM, Liberal Arts, Public Admin, Legal, Dental and Medical, will follow you with our CIVIL DISOBEDIENCE so that we, all together
1) restore to parents, teachers and local communities their RIGHTFUL CONTROL OVER PUBLIC EDUCATION
2) bring back DEMOCRATIC GOVERNANCE of PUBLIC SCHOOLS in this nation, asserting the same rights already enjoyed by the elite (including our president) who opt out of unconstitutional federal mandates by sending their children to private schools — schools where the meaning of accountability has not been perverted beyond recognition, schools where teachers and parents are accountable only to each other as they strive, according only to their best understanding, to do what’s best for the children they are jointly raising;
3) Last but not least, all educational leaders and educational union leaders are subjected to be resigned with compensation as per agreement in a contract within a month after local town hall meeting and national town hall meeting from 75% or above votes against them from all members. This is to prevent corporate backers who set a trap of their money in order to ruin our DEMOCRACY in the future. Back2basic
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According to EdWeek, only two of the six witnesses who testified at Wednesday’s hearing recommended eliminating the federally mandated testing schedule. Both are teachers in the New York City school system. I am drafting a letter and hope others are too.
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Amen.
Unfortunately what I encounter often is that people don’t care what the lowly music teacher has to say. We are just there to babysit so real teachers can gather with the curriculum coach in the data room to discuss which students on the violation of privacy data wall need extra interventions from any warm body in the building to help in their test score growth.
Communism is what it feels like; he is right. I hope someone listens to him.
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Ms Best, It must be frustrating to have schedule & music teaching role over-ridden, but reflect on how many people on this & other ed sites decry the cancellations of music programs due to budget–because they know that music teachers are “real teachers.” There must be research on youths in schools w. high-quality music instruction cf schools without. In lower grades, students are often singing lyrics that expose them to vocabulary above typical grade-level reading.
Keep that in mind, convey it by your attitude, and don’t let the turkeys get you down.
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I am trying. Thank you for the encouragement.
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Joanna and booklady, I couldn’t agree with you more. Here’s hoping all this is in the rearview mirror very soon!
One of our kids went to a K-2 school with a fantastic music teacher. All the kids participated joyously in school performances. I can’t tell you how much that meant to our son; he was SO PROUD and happy. And he’s the son of musicians, so he already had plenty of music at home. But the deep sense of connection with his teachers and friends that was fostered on those occasions spilled over into his overall engagement with school. And you could tell every member of the community was touched by what the kids did.
He then transferred to a new school in grade 3. No music teacher. No school concerts or plays or performances of any kind. No budget for music, because the school was under threat of closure from Mayor Bloomberg, an arrogant, clueless billionaires who was absolutely certain he knew better than any educator what schools needed. They needed data. Numbers to crunch and nothing else. The school did have an art teacher, who was allowed to teach until December. No art in the spring — too busy prepping to give the mayor his test scores.
Let me tell you, there is nothing sadder than a school without music. Never doubt for a second that all children love and need the chance for artistic expression. And never doubt that the elite who have stripped the arts from thousands of schools in this country ensure that their own kids’ schools have bands, orchestras and choruses and richly stocked art rooms. Yes, there’s tons of research showing the lifelong benefits of engagement with the arts. But all you have to do is look at the face of a child singing to know what the arts can do for us all!
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Joanna, I think musicians and artists generally have a special obligation to bear witness to the travesty of high-stakes standardized tests. Since we know personally that the most profound thoughts can be communicated in music, a medium that is non-verbal and non-quantitative and therefore immune to the degradation of these tests, no one will ever convince us to buy into the current fraudulent models of “accountability” being forced on the nation.
We also have special insight into the absolute necessity for one-on-one interaction between adults and children to effect the deepest levels of learning. No one ever mastered the violin from an online course. No one will ever master writing or marvel at the truths of mathematics without a personal relationship with a teacher either.
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Jeff, thanks for noticing my comment. And thanks for your letter and leadership.
I have been fighting the good fight in NC. I do get discouraged, though; especially because I am often “put in my place” by the demeanor of teachers, who seem to have bought into the testing culture because they either have never taught under anything else, or they simply don’t know what else to do. I could tell stories, but I won’t. I will wait until this is in the rearview mirror.
I sent your letter to our superintendent and our state superintendent, both of whom are gracious enough to read what I send them, often.
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Not if they can put the fear of job loss and financial ruin on every educator’s front burner…
How do we combat such fear mongering?
Read this from the MS Parent’s Campaign. It’s a state level issue, but this letter makes me think of it.
http://www.msparentscampaign.org/component/content/article?id=1039
HB 449 Aims to Silence Educators
Posted 1/23/2015
“Mississippi is being governed like a third world country.” We have heard that comment from more than one of our members in the last week. House Bill 449 will reinforce that sentiment among many of you.
HB 449, authored by House Education chairman John Moore of Rankin County, would make it a criminal offense for teachers to contact their legislators during the work day (pretty much the only time that legislators are at the Capitol) and for citizens to advocate for an issue they support on any school property. See a complete analysis of HB 449 here.
The nationally adopted professional standards to which education leaders adhere calls for them to be advocates for the students they serve, to monitor and influence policy and legislation that affects the children in their classrooms. Chairman Moore’s bill seeks to criminalize that activity with a $10,000 fine attached to a first “offense” and a $10,000 fine and loss of the educator’s license attached to the second. It is indefensible.
Educators, it is important that you not be intimidated by this sort of political maneuver. Parents and public education supporters, it is imperative that we speak up on behalf of the teachers who have committed their careers to educating and advocating for our children.
Ask your legislators if they support this move to silence the very people whose input they should seek on legislation that governs our classrooms. They will be at home over the weekend. You can find contact information for the legislators who represent your school district here.
Please also ask House Speaker Philip Gunn, who appointed Rep. Moore to chair the committee that oversees education legislation, if this is representative of the type of policy that he supports. Speaker’s Capitol Office: 601.359.3300 Personal: 601.924.8438
Two education bills were passed by the House this week, one to separate the state and federal accountability systems and change the name of the Common Core State Standards to the Mississippi College and Career Ready Standards (it did not change the standards themselves), and the other to mandate that local school boards adopt the curriculum for their school districts (this is already state policy). We will continue to update you on important bills – good and bad – as they get traction or are taken up in committee. There are plenty of bills about which we should be concerned, among them bills to reduce school funding, to allow vouchers for private schools, and more.
Folks, HB 449 is just one more step in a long history of efforts to keep educators from having significant input into education legislation. Did you know that a statute passed years ago prevents retired educators and other state employees from drawing their retirement while serving in the Legislature? This is a primary reason that we have so few former educators serving in that capacity – a pretty clever way for incumbent legislators to protect their seats from retired educators and retired state employees who could be strong candidates for the Legislature.
Many of our legislators are strong supporters of public schools and are eager to have input from educators. Others consistently support legislation that is detrimental to public school students and their schools. It will be important for you to know who falls into each of those categories going into the 2015 Election. The vote reports that we will post in the coming weeks will be good indicators.
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Scary.
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Mississippi House Education Chairman, John L. Moore (R). This came up this week.
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A teacher, You need to get every teacher to get 5-10 relatives, friends, neighbors to call/write to oppose HB449.
A massive phone & e-mail effort on Presidents’ Day might be a nice touch.
Maybe send legislators the bumper sticker that says, “If you can read this, thank a teacher”
In NJ, with its bad ole unions, teacher contracts call for a “duty-free” lunch, so teachers could call their reps then. Many, many teachers do perform professional tasks during their lunch, but it’s civilized to allot that time.
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To Ateacher:
I am immigrant in Canada near to 40 years.
Your information is very interesting to acknowledge. Would you elaborate more details of the original date and person who drafted and then passed those two bills unknown way?
From your info, would any educators in higher education (= Dean of faculty of education, and of faculty of law) ever realize, acknowledge and approve these two bills publicly? (=let their students being aware of these, because these students will become public servants sooner or later!). Thank you for your precious time to bring these up. Back2basic
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Can anyone tell me how families could opt out of PARCC testing in Illinois?
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Kat, google United Opt Out and get information from them.
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Love him! Warm heart ❤
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At the risk of being accused of picking nits, I would point out that local control of public education is not a democratic right; it is a constitutional right. While I commend this teacher’s stand and applaud his work, teachers really need to understand this difference.
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Absolutely, not nitpicking at all! Not being a historian, lawyer or K-12 teacher, I confess I’m a bit muddled on the question of the balance of power between individuals, local government, and national government on this issue.
I believe at a gut level that parental control of education is transcendently valid, an intrinsic right we possess prior to the formation of any government. Not an absolute right — is there any such thing? It must be held in balance with the rights children possess independently of their parents. But it is a right no level of government has a right to abrogate except to protect children from abuse. So it’s democratic in the sense that it precedes even the formation of the Constitution.
I guess that’s a separate consideration from local control; the latter I advocate because I consider it an extension of parental control — wherever crucial decisions are made, parents must have a direct and determining say in what happens in their children’s schools, which to me implies a very local level of control indeed!
In any case, we became opt-outers instantly when the first of our children hit the testing grades; at age 7, during the first week of third grade, he came home and said “Mommy, Daddy, in April there’s going to be a big test and if I don’t pass it I don’t get to go to fourth grade.” A few days later, this kid, who in the K-2 years never wanted to miss a single day of school, came home and sighed, saying “I wish it was still summer vacation.”
As far as we were concerned, the state-mandated test and the policy (since revoked in New York City) of tying promotion to standardized test scores, not only damaged our child’s love of school; in effect the state was lying to him, and we were forced to intervene. The unmistakable message, received by him loud and clear, was “This test is more important than anything else you will do all year.”
We could say to him “No, no, your work with your teachers and classmates every day is the most important thing, but you have to take the test anyway.” What message does that send? In all circumstances, but above all with kids, actions speak louder than words. So what we did tell him was “Your work with your teachers and classmates every day is what matters, and the state is wrong to say otherwise; to prove it, you will not take the test and you will be promoted to fourth grade.” And that is what happened.
We asserted our intrinsic (constitutional? democratic?) right to protect our child from state-mandated educational malpractice, and continue to urge all parents to do the same.
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Bravo!
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“Your committee stands charged with drawing to a close an episode of national insanity that unfortunately has considerable precedent. ”
To quote Neil Peart,
“When they turn the pages of history, when these days have passed long ago,
Will they read of us with sadness for the seeds that we let grow?” (A Farewell to Kings)
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