Mercedes Schneider has followed the development of the new federal legislation to replace the failed No Child Left Behind. She is one of the few people in the U.S. who has actually read every word of both the Senate bill and the House bill.
She concludes in this post that there will be no federal sanctions for opting out. The Congress has made clear–in both houses–that it does not want the federal Department of Education to take an activist role in punishing states. Will states punish school districts where parents rise up in rebellion against high-stakes testing. Schneider thinks not.
However, I now think that if the House and Senate conference committee whose task it will be to merge SSA and ECAA into a single bill decide against the SSA blanket opt-out and go with the state-level opt-out provision in ECAA, the federal government will not sanction states, regardless of state-level opting out.
In other words, if according to the future ESEA revision, states are supposed to set their own opt-out policy and include as much in the future ESEA Title I funding application, and if a state includes no opt-out provision in its future ESEA application yet dips below the 95 percent of students completing federally-mandated annual tests, the federal government is not likely to strong-arm states with federal sanctions.
I believe the federal government knows it has gone too far in strong-arming states via conditions attached to federal tests. For example, both the SSA and ECAA revisions include language to limit the role of the US secretary of education. The current US secretary, Arne Duncan, has actively promoted and defended Common Core and its annual tests; with the backing of President Obama, Duncan has lured states into adopting Common Core sight unseen with the lure of Race to the Top (RTTT) funds; he has paid for two Common Core testing consortia, PARCC and Smarter Balanced; he has made it a condition of states’ RTTT funding to use student standardized tests to evaluate teachers, and via his NCLB “waivers,” he has cornered states into agreeing to institute Common Core and its associated annual tests as well as testing teachers using test results as a condition for avoiding having the almost all schools in all states declared “failing” according to NCLB.
So, the fact that major news outlets such as the Washington Post and New York Times are doing their best to chastise those who support opting out of standardized tests is not enough to conceal what is obviously a federal blunder to make annual testing the end-all, be-all of American public education.
In its August 15, 2015, editorial, the New York Times points to possible federal penalties for New York State’s failure to test 95 percent of its students. It also notes that parents’ opting out of tests “could damage educational reform… and undermine the Common Core standards….”
Gee, that would be terrible.
It seems that the plan in New York is for state officials to put the squeeze on superintendents and principals to encourage participation in future annual tests– and to not encourage opting out. But the opt-out movement is not driven by superintendents and principals. It is driven by parents who are tired of the toll that test-centric education is taking on their children, including the artificially branding of their children as failures and the state’s allegiance to this branding…
The reality is that opting out of federally-mandated testing is not going away and likely will only continue to gain momentum across years as increasingly more children are branded American public school failures.
Test-centered American public education has had its day, and based upon the growing appeal to parents of opting their children out of mandated tests, that day has more than passed.
There was no opt-out movement throughout the heyday of test-and-punish NCLB, but there certainly is one now.
Federal and state officials need to take the hint as they formulate a non-test-centered Plan B.

A couple of very popular LI and LoHud superintendents did issue public statements – open letters to their school communities – that indicated support for opting out. One supported a teacher who formally objected to giving the tests. These were people who were featured here as “heroes of public education.” They didn’t make opt out happen but I’m sure the parents who did appreciated the vote of confidence. Maybe these guys will lay a bit lower this year, (though if the State took any action against them I’m sure their communities would revolt openly) but the ball is rolling downhill at a fair pace now…
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So the NY Times had reported that the Chancellor in NY State said the feds told them they would not be punished for opt-outs. I write the Seattle Schools Community Forum blog and I followed up. The Dept of Ed press secretary sent this:
“It is the responsibility of states to ensure that all students are assessed annually because it gives educators and parents an idea of how the student is doing and ensures that schools are paying attention to traditionally underserved populations like low-income students, students of color, students with disabilities and English language learners. The Department has not had to withhold money – yet – over this requirement because states have either complied or have appropriately addressed the issue with schools or districts that assessed less than 95 percent of students.”
Now you can see that there are some big caveats in there. On the one hand, it looks like the feds are being somewhat mellow and asking states/districts to convince parents about the goodness of testing.
On the other hand, there’s that huge “yet” in that last sentence and what does “appropriately addressed” really mean and how is that measured by the feds?
I asked Washington State’s Superintendent of Public Instruction, Randy Dorn, for his interpretation of the statement and his press officer said he had not seen it. (Dorn has gone on record as saying he has no intention of punishing any one for opting out.)
I believe that the education powers – in states and at the national level – are wary of anything that might upset parents but are likely to put the thumbscrews to teachers and principals over opt-outs.
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Absolutely yes. Loud and proud: “Parents we have heard your concerns, and test scores are so very vital in order for us to label your children, but the results will in no way be used to punish them.” Quietly: “Public schools…especially those we really don’t want to be responsible for funding, you are agents of the state. If you #@&% with the state, we will find a way to #@&% with you!” shhhh…keep smiling, teaching, and praying….Oh yes, and vote for me!
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I worship the ground Ms. Schneider walks on, but in this instance, she is wrong, wrong, wrong about states not punishing parents and schools with regard to opt-out.
State governments will find a way to punish this parent generated and lead movememnt because elected officials have far too much at stake to pay back reformer campaign contributors. State governments will also need to contain school costs, which government is not interested in financing because it requires tax revenue, 60% on average of which comes from local home owners.
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Robert,
Notice that Mercedes is talking about the pending legislation that appears to have language that would prevent the FEDERAL DoE from punishing the states. It will still allow the states to punish districts, schools and individuals as the STATE DoE wishes.
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Duane, you are right
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The subtextual message in all this for me is that a day will come post-Obama when Duncan is financially rewarded by Pearson in some substantial manner. He has carried so much water for them and the quid pro quo awaits. Maybe I’m being too cynical/myopic in believing that.
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