New York State may have the discretion to withhold federal funds from districts where more than 5% of students didn’t take the annual tests. Board of Regents Chancellor Merryl Tisch continues to assert that nearly 200,000 children refused the tests because of a dispute between the labor unions and the governor. Parents groups who have advocated for opting out as a protest against top-down decision-making and over-reliance on standardized testing insist that their actions were not influenced by the unions.
ALBANY—State education officials appear to have some discretion over whether districts or schools lose federal funding because of this month’s unprecedented boycott of standardized testing.
State officials had previously suggested that the matter was out of their hands. Representatives for the U.S. Department of Education and the state Education Department have said the federal government could withhold Title I funds—grants for schools that serve low-income students—if fewer than 95 percent of students in an individual school or district take the tests, and Governor Andrew Cuomo on Tuesday also said the federal government holds the power to decide whether to withhold funding.
Some parents have indicated that any effort to punish them or their children or their schools will inflame the opt out movement and help it grow.
But public statements and regulatory guidance from both the U.S. and state education departments suggest the decision is not totally up to the feds.
“They [federal officials] seem to indicate—I’m hearing that we have discretion, but we will find out how much discretion we have,” state Board of Regents chancellor Merryl Tisch told Capital on Tuesday. “If we do have discretion, we intend to use it.”
Tisch has said she hopes students won’t be punished for a disagreement among adults, attributing the so-called “opt out” movement to the fight between the state and teachers’ unions over controversial performance evaluations. According to unofficial totals compiled by parent activists, more than 100,000 children refused state English language arts tests last week, and the so-called “opt out” movement will likely continue when math exams start today.
Tisch said if it were up to her, she wouldn’t withhold funds. She acknowledged, though, that taking no action could further fuel the test refusal movement, validating the arguments of parent activists who have called officials’ warnings about funding cuts empty threats and an example of fear mongering.
Diane Ravitch's blog 
By withholding Title I funds, which would directly harm the students who most need the services and instructional materials these funds provide, the state government would be demonstrating their indifference to the welfare of children. This would underscore the true nature of the reformist agenda that is driving state policy, which is not to improve educational opportunity for all students but rather to end local control of public education.
That should certainly enrage voters.
When do the politicians realize they work for the people whose children attend the schools the politicians are ruining, closing, privatizing, and stop the madness? Don’t we have a say in how our tax dollars are spent? This is madness. We see they are naked, and they hate it.
Donna: We get our say when we vote for politicians. Best we remember these moments when it comes time to vote or make sure we grill the politicians during the campaign.
Only partly true Ken. With gerrymandering and the heavy influx of money in political races, we end up having to vote for the lesser evil most of the time. The current system does not allow for much say from the public.
It is hard to know which politicians are for all of this and which ones are not. When I look deeper into what politicians are saying it appears they all are for the reform. I am from Colorado where they voted down the test privacy bill and that came from all of them. Our governor did promoted himself as wanting to lesson tests during his election, but when he got back in there he is the one who is fighting to keep the test alive. What do we do when there is nobody to vote for or worse, they say one thing and do another.
So withholding money for kids’ education is an intelligent answer to the opt out movement? Why don’t they listen to almost every teacher across the country, who agree that kids are being tested to death. We’re tired of being bullied, so stop blaming “the unions”. Parents see the total value of their children and want to protect them from bad laws.
Tisch will fan the fire much MORE by withholding funds. Maybe they could just arrest the thousands of parents–march them off in handcuffs to the awaiting police vans, shown on the six o’clock news! This is a power struggle that Tisch and Cuomo will ultimately lose. Parents and teachers have been trying all of the “legitimate” ways to be heard, to no avail.
Shelley,
Be careful about the punishment you suggest: remember the New Orleans 11 !
Students First! Time for them to put their money where their mouth is.
(recently former) Illinois state superintendent of education Chris Koch is a likely ally for Ms. Tisch. Watch out, New Yorkers, he’s out of a job!
You can add former Oregon Superintendent Rob Saxton to the list of recycled educrats to beware of.
He was the appointed bobblehead of disgraced former Gov. Kitzhaber who resigned earlier this year.
Kitzhabers emails are being examined as part of a fraud investigation. It turns out he was going to channel faux Democratic governors like Cuomo/Malloy in a west coast style assault on public education.
http://www.wweek.com/portland/blog-32997-emails_reveal_kitzhaber_planned_showdown_with_teac.html
The good news is that new Governor Kate Brown appears to be changing course.
Shortly after Brown was sworn in, Saxton resigned abruptly to become superintendent of an ESD (educational services district). His explanation was that he made the move to work more directly with kids, which is like saying you are moving to Nebraska to be near the ocean.
Translation: He was forced out. There is a lot of tension among educrats in Oregon right now. They sense that the music is about to stop and are justifiably concerned about being left without a chair to sit in.
A very welcome development as there was a total failure of leadership in Oregon with almost no one at the state or local level speaking out against the status quo of reform.
Interesting, Yertle. I knew about the emails, but didn’t know much about Saxton. Good to know, as we seem to have a pretty steady exchange of gov’t officials between WA and OR. Our State Supe in WA is elected, not appointed, but there should be some Ed “Rheeform” candidates popping up here as his term expires soon.
Those emails are horrible. It’s all just a a big joke to the governor and his staff- a game. They’re so confident they’ll be able to dupe the public and the school boards and the teachers.
I love how they think no one will notice when they take all the school board power and control away. Nah. No one would ever figure out that’s what they’re up to with the brilliant scheme 🙂
“Tisch has said she hopes students won’t be punished for a disagreement among adults”
Even children know the playground rules-DO NO HARM. Time for EVERYONE to play by the rules.
Do we live in the most powerfully DEMOCRATIC American society?
If YES is our answer, then please all SUPPORTERS for DEMOCRACY firmly take an action to UNITEDLY OPT OUT for the sake of children.
Please remember that STRENUOUS testing scheme at the early schooling years will intimidate children’s courage and creativity.
The majority of people is not, and will not be someday “OLYMPIC POLE” shining STAR.
NOT EVERYONE can be doctor, surgeon, corporate lawyer, movie superstar, famous scientist…
Therefore, WHAT IS THE REAL GOAL in STRENUOUS testing scheme from GREEDY corporation??? MONEY in BILLIONS from the RESERVE of TAX fund for PUBLIC EDUCATION, isn’t it???
Here is a beautiful expression from the true caring VETERAN educator of 30 + years, Mr. Lloyd Lofthouse:
[start quote]
The public schools are non-profit, transparent and democratic and to get at the money that supports those schools, the oligarchs and their puppets must demonize teachers, teachers’ unions and the public schools to justify their fraud and robbery.
If the frauds admit that parents and children of all ages are involved in the Opt Out movement that defeats their agenda.
[end quote]
Please start to show that we live in the most powerfully democratic American society, let’s be strong, united, and firm in OPTING OUT MOVEMENT.
Moreover, we all can also start BOYCOTT-WALMART-WEEK beginning this last week of April 24-30 in order to oppose the WITHHOLDING FUND from Tisch and Cuomo, as well as to show our support to all part time and full time workers from 4 closing stores at Walmart.
Let Wal-Mart be gone for good and all small businesses will thrive, so that younger American generation will blossom with Public Education system. Back2basic
Here’s four great videos to watch regarding the New York opt out movement:
Excellent. I watch the Rise of the Nazi Regime on the History Channel (several times) and was struck over and over again by how the Nazi regime (Hitler and his buddies) treated the German children, making them spout propaganda and inducting them into the regime.
Diane Ravitch you rock. I believe there is a reason for everything in life, thank you Dr. Mitchell.
to Jack:
Thank you very much for all four great videos.
The last video is the best. All parents, teachers, middle schoolers, and high school students should mimic this dialogue, then present on the stage for any future CCSS public meeting forum.
The dialogue is excellent. May
Duncan has put Tisch and Cuomo in a bind! Here’s why. Affluent districts with high opt-out percentages and low Title One allocations have less to lose than districts serving children raised in poverty that have high opt-out percentages and high Title One allocations. Thus, if Tisch and Cuomo use the withholding of Federal Title One funds as a penalty they will be hurting children raised in poverty more than those in affluent districts.
But here’s another problem Duncan may have created for himself: If NY State can withhold federal funds as a penalty, why couldn’t ANY state do the same? And does this ability to withhold funds mean that States have the authority to re-allocate the federal dollars they receive? It seems to me that a can or worms has just been opened!
People who do things without thinking are bound to create more problems than they solve.
I honestly don’t think Duncan (Or Tisch or Cuomo) has any clue what he is doing or even considers the repercussions.
That would require thinking.
Duncan is simply passing the buck — or maybe the hot potato — to avoid having to follow through on his own threats.
I just keep asking, withholding who’s money? It’s our money to begin with. This thing called ‘public education’ belongs to OUR children, why do they get to withhold OUR money from OUR public schools, when we tell them what we DON’T want done to OUR children? This is a democracy, they can’t just keep passing laws to please Pearson and not their constituency…though maybe that group is actually much smaller then we think (1%+big business). If that is the case then maybe we should all just stop paying that part of our taxes…we’d all save quite a chunk of change on our tax bills!
I am curious, how many schools expected to exceed the 5% limit are Title 1 schools?
“She acknowledged, though, that taking no action could further fuel the test refusal movement, validating the arguments of parent activists who have called officials’ warnings about funding cuts empty threats and an example of fear mongering.She acknowledged, though, that taking no action could further fuel the test refusal movement, validating the arguments of parent activists who have called officials’ warnings about funding cuts empty threats and an example of fear mongering.”
Yep, ol Tischer the Pitcher of hubris has her panties in a bind because she, her masters and GAGA edudeformers have been challenge. Those masters are the devil on her shoulder saying “You can’t let them get away with challenging you like that, you’re the BADASS not them!! Here’s what you need to say and do. . . !!!”
I think the parent activists have validated the argument that ed reformers prioritize testing above all else.
It’s all hands on deck when testing is threatened, I’ll tell ya. It’s the same in DC. Democrats “bravely” drew a red line on ONE issue- testing.
Do they have any interest at all in existing public schools other than making sure our kids are tested constantly?
Testing is what they care about. Students are no more than their new market. The rigged test with the rigged cut score is a part of the plan to discredit and destroy public education in New York.
In Texas each year, we are not told what the passing score will be before the test. The passing score for each test is determined after all test have been submitted. They basically line all the test scores up from top to bottom go down to until they hit the passing percentage they want. If they want 80 percent to be passing then whatever the passing score what for the top 80 percent of the students would be the passing score.
crazy!!
No drext727, not “crazy”
That’s normal psychometric “logic”, twisted as it is.
Psychometrics, the phrenology of the 21st century. We’ve come a long way baby!!!
“Passing Bucks”
I guess I wasn’t clear
The buck stops there
Not here
Tisch says she hopes “students won’t be punished for a disagreement among adults.” No, instead they should be punished so adults can profit off of them!
It’s just all so unfair.
Title I and III funds help fuel our ESL department, and ESL students in my district do not opt out of their ESL standardized test, known as the NYSESLAT (New York State English as a Second Language Aptitude Test) because by law, opt out – for this particular test – is not legal.
Therefore, we have very high participation rates. Last year, my school saw a 100% participation rate. In kindergarten, the kids did through-the-roof well.
If NYSED withholds funds – of its own volition or out of pressure from literally Arne Duncan and his department – it will only punish students like mine.
NYSED will end up pitting population against population and those servicing these different populations under one local educational agency. But it will also pit one district against another because those districts who have few to no low income children will not miss Tittle I and III funds, as they don’t receive them in the first place, or very little of those funds. Many of those districts are upper middle class and fund their schools resplendently on a local basis. I am not holding my breath for those districts to politically campaign and advocate for more diverse districts such as mine, of which I am fiercely proud. After all, this is America, and for the longest time, most people have not had the moral fiber or guts to think and behave collectively as they do in Europe. You’ll pardon my redistributionist leanings . . . .
Although, when you think about it, the Opt-out movement is a splendid and textbook example of collectivist thinking and action. Interesting!
Anyway, districts that have large pockets of low income populations that are mixed with solid middle and upper middle class demographics will sorely miss this money.
This is a hot mess.
It’s important we all keep a level head and participate civically in ways that are peaceful, engaging, proactive, and for purposes that serve ALL children and families from ALL walks of life. I honestly do not know what that should look and feel like at this point.
This fight will continues to evolve and shape itself. At the very very least, it will test millions of people and make them question themselves not just over the modus operandi of their cause (the fairness of testing as it stands), but it will make them think about themselves as civic participants rather than consumers, bridesmaids, football stars, Kim and Kanye fans, candidates for American Idol, owners of a new car, or bargain hunters at Target.
We are all being tested. Personally, I see this whole hot mess as a dire opportunity for growth regardless of the outcomes (and outcomes will always change over time; that’s history for you!)
The battle (testing and CCSS issues) rages on. The war (democracy at large) has just begun . . . . .
I know it doesn’t matter but Ohio has had the exact same ed reforms Cuomo is pushing in NY for years-the agenda is nearly identical- and the one and only gain is high school graduation rates. It’s the “one bright spot” and that’s according to (some) ed reformers themselves.
Since a lot of people here believe the high school grad rate increase came from “credit recovery” programs (programs and special charters no one in ed reform talks about) they really could have just put in the credit recovery programs and gotten the same results.
https://twitter.com/AndyBensonOhio
Some states adopted a new formula to calculate graduation rates about ten
years ago. (Aggregated data just seems to obscure potential political liability)
By threatening to withhold funds, I anticipate that Tisch’s plan is to turn parents against parents. I can hear a parent say, “but my kid took the tests, and now, because of your kid not taking the test, our school has less money.” The only way to defeat Tisch’s parent against parent strategy is to vastly increase the number of opt-outs! Let’s develop a counter strategy — Parents working with Parents. Let’s all take back our schools.
Tisch is a World Class tool. Perfect for Albany, no conscience,no common sense and no sense of direction.
Divide and Conquer strategies left and right – high performing vs. low performing and in a different more solid way, rich vs. poor.
One big question – if they do withhold those monies, what exactly do they DO with them while they’re withholding them? Do they sit in a New York State bank account? If so, wouldn’t there need to be some federal accountability to the state for what they’re doing with those funds if they’re not being used for the purposes they’re intended for?
Last I checked, Title I money was a support, not a bludgeon. Do what we say or the children get it?
I spoke with a person yesterday who was politically engaged but has given up.
He said “Republicans set middle class people against poor people and Democrats set poor people against middle class people, and none of them have any interest in any of us, other than setting up these battles”
It kind of rings true to me.
You’ll notice which group is missing in both “divide and conquer” strategies 🙂
“Pit Bulls”
We’re pitted against each other
Conservative v Lib
And brother versus brother
That bulls may kingly live
New York and New Jersey are both bluffing, in my view.
That 95% mark was aimed at making sure that schools didn’t keep kids from taking the required NCLB tests…. that has nothing to do with parents choosing to refuse to have their children take the tests. I can’t see how this would stand up in court; parents have the right to make decisions for their children and their decisions are outside of the control of the school. How can anyone ask the schools to do more than offer the tests to everyone? This is more huff and puff and bullying bs that has no legal grounds to stand on.
Let’s see how many politicians will go for that, particularly on Long Island where people are fiercely attached to their schools. I doubt anyone wants to lose the next election because of withholding education funds.
Lots of questions – CAN states choose to withhold funding? If they can withhold it for this (without it being at the behest of Arne) – what else can they hold it hostage for?
Who would need to cave for them to release it? All the parents in the state? Would they withhold it for an entire year or half year until the next round of testing? What would happen to schools, teachers, and programming while they wait for the next opportunity for parents to “opt back in”?
Would it be a civil rights violation to withhold funding intended to fund things that are necessary for poor, differently abled, or non-English speakers that are not tests?
What else can they withhold funding for? Probably not meeting the specific assurances that districts sign for on their annual ESEA grant application.
I am pretty sure Oregon withheld Title III funding from Portland several years ago over ESL compliance issues.
I am certain Wisconsin formally warned Milwaukee in 2010 that Title I funding would be withheld unless they made changes to their district improvement plan.
So, it’s rare but there has been precedent for withholding ESEA funding for program/grant violations.
The difference between what Merryl Tisch is describing and what happened in Portland and Milwaukee is that in the latter there were compliance issues that were allegedly limiting students access to an appropriate education and interfering with their learning. Withholding funding was punitive, but the state agency felt it was the level it needed to prompt change in the interest of student learning. It’s hard to see the argument that students are being directly harmed through opt-out non-compliance.
Just because NYSED technically can do this doesn’t mean they should. It’s the difference between authority and judgment.
Reblogged this on David R. Taylor-Thoughts on Texas Education.
Oh, Meryl. Bring. It. On.
Merylly she rolls along, rolls along, rolls along
Merylly she rolls along
And Opt-outs all we see
So, Ms. Tisch really was NOT listening to parents when she attended all those forums during the 2013-2014 school year…I thought maybe she just looked bored. For her to say this is a fight between Cuomo and the teacher unions shows a great deal of ignorance on her part.
…or an attempt to frame the debate.
Politicians are expert at deception.
OK lets say the state withholds Title 1 funds from some districts with the highest opt outs. Why should those districts give the tests at all in the future? Ken-Ton backed away from refusing the test at the district level because of this threat. If they get punished ANYWAY they might as well go ahead with their plan A.
Arne Duncan threatens. Much finger pointing follows. Title I funds to help our schools neediest students may be withheld. Are there any adults making decisions out there?
If this type of punitive action occurs, parents and concerned citizens should consider a march on Albany and perhaps Washington to send the message,”Stop cheating our children!” Perhaps a large demonstration will force the media to cover the protest. This act could shed some light on issues of inequity, unfair testing, rigged cut scores and the attempt to hijack public schools while the expansion of charters gets partiality from legislators.