Michael Hynes, superintendent in Patchogue, New York, has been outspoken against the current wave of test-driven reform in New York State.
He posted the following comment:
What is Best for our Children
Many parents, educators and legislators are talking about the possibility of federal and state funds being withheld from schools. The fact is, hundreds of New York State public schools fell below the 95% participation rate for the 3-8 assessments last year. Here are some facts you should know before testing season begins this spring:
1. The Commissioner believes parents have the right to opt their children out of 3-8 state assessments.
2. The Governor stated that parents have the right to opt their children out of 3-8 state assessments.
3. The Governor stated the 3-8 assessments will not count for students and teachers for the next several years.
4. The 3-8 assessments this year are still a Pearson test.
5. The “new” 3-8 assessments are now “untimed” which means our children can actually take tests that will last for several hours over several days.
6. The assessments are still fundamentally age inappropriate and aligned with the Common Core standards. The Common Core Standards will no longer be in New York State. I repeat, they will no longer be in New York State.
There is absolutely no reason for any student to take the assessments until we have some true fundamental changes. I don’t believe making the tests a few questions shorter or allowing students to have an unlimited amount of time is the answer. This is not in the best interest of our students, especially our special education and ELL students.
Fear and misinformation is being spread by Newsday and other agencies that believe public schools are failing. This is not only unfair but unethical. School districts with high opt out rates should not be sanctioned by the State Education Department or the U.S. Department of Education. In fact, the school districts with the highest opt out rates should be rewarded. They should be rewarded because it exemplifies that we value our children. It yells from the rooftops that we are free from the burden of the Pearson crafted Common Core poisoned assessments which have zero value to anyone. Well, except for Pearson.
We need true leadership in our schoolhouses.
Diane Ravitch's blog 
Ed reform lawmakers and lobbyists in Ohio are working on whole list of sanctions for teachers who talk to parents about opt out.
This part is just nuts:
Sec. 3319.99. (A) Whoever violates division (A) of section 3319.151 or division (A) of section 3319.152 of the Revised Code is guilty of a minor misdemeanor.
What is the crime, you ask? Apparently it’s ‘negligently suggesting”:
Sec. 3319.152. (A) No employee of a school district or public school shall negligently suggest to any student, or parent, guardian, or custodian of that student, enrolled in the district or school that the student should choose to not take any assessment prescribed by section 3301.0710 or 3301.0712 of the Revised Code. This prohibition does not apply to an employee of the district who is a member of an IEP team when determining individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of a child with a disability on state and district-wide assessments for purposes of the child’s IEP.
http://plunderbund.com/2016/01/29/tell-parents-about-opting-out-of-state-tests-gop-wants-you-to-lose-your-job/
LikeLike
Chiara: you got me to thinking…
So when a parent asks a teacher s/he trusts to give her/his professional opinion about opting in/opting out, the teacher is supposed to—
Be silent? Lie? Commit civil disobedience by giving an honest opinion [whatever it is]?
Every teacher and staff member of a public school has to examine her/his own conscience and take into account personal circumstances [in my experience, often very difficult], but remember that silence will be interpreted as not just compliance but agreement.
I ask all to do the mirror test: regarding what you say or don’t say about standardized testing, consider whether after you speak or are silent you can look in the mirror on your bathroom wall and ask:
Is the person staring back at you someone you still respect?
Doesn’t hurt to talk to coworkers, friends and others you trust to find where your moral compass points.
That’s the way I see it…
😎
LikeLike
What are they being negligent about?
If it is looking out for their student’s best interests, then most of us are guilty.
LikeLike
Dear Ohio Legislators and Lobbyists:
Go home to your families and leave our public schools, teachers, and children alone.
You do not represent the best interests of our children…as a matter of fact, you represent the monied interests that seek to destroy our democratic foundation of public education for profit.
Our children are protected by their public school teachers and administrators, and ultimately, by us…their PARENTS!
Our children belong to us, not to you…they are not experiments for the billionaires who have bought you…
They are our CHILDREN…and we will do anything and everything to protect them.
Get the hell out of our schools…or come and arrest us.
In the end, we will defeat you.
Go home to your families…beg forgiveness for your sinister crimes against our children…and leave our public schools alone!
LikeLike
Chiara – How is this “thought police” action legal if Opt-out is legal? GRRR… why, oh why, do teachers have to give up their right to free speech particularly when it involves speaking against actions that in no way help students?
LikeLike
I wonder if they can just say that state law forbids them to express their professional opinion?
LikeLike
But you can openly carry a gun in Ohio, right?
LikeLike
It’s not a misdemeanor in Utah, but teachers can lose their licenses for even suggesting that students can opt out. So it’s legal to opt out in Utah (it’s a specific law), but most parents don’t know they can opt out, because teachers cannot tell them.
LikeLike
After questionnaires and forums and “listening tours” to find out what the people of NY State were thinking about the Common Core Standards and State testing, our State Education Department responded by continuing the 6 days of testing in grades 3-8, removing a handful of questions, and then “un-timing” the tests.
Are we supposed to feel heard and that our concerns are being taken seriously?
Hooray for Michael Hynes!
But where are other administrators speaking truth to the insanity?
I’ve recommended this book before, and will do so again: “Intelligent Disobedience – Doing Right When What You’re Told to do is Wrong.”
Maybe it can help us all to help ourselves through this mess.
At the very least, it presents a lot of food for thought.
LikeLike
Reblogged this on stopcommoncorenys.
LikeLike
Testing season must be upon us, because ed reformers have rediscovered existing public schools again:
http://www.njspotlight.com/stories/16/01/25/opinion-parcc-more-accurate-than-ask-and-the-numbers-prove-it/
As soon as the tests are in the can I assume we’ll go back to 24/7 charter and private school promotional efforts, just like last year?
LikeLike
“KrazyTA
February 1, 2016 at 1:06 pm
Chiara: you got me to thinking…
So when a parent asks a teacher s/he trusts to give her/his professional opinion about opting in/opting out, the teacher is supposed to—
Be silent? Lie? Commit civil disobedience by giving an honest opinion [whatever it is]?”
They apparently believe Ohio teachers will maliciously suggest opting out to students who will test poorly, because as we all know they’re horrible and self-interested and must be policed at every turn.
This is what they spend their days doing down there- cracking down on speech crimes that haven’t been committed yet.
LikeLike
Hi Chiara:
IMHO, all Ohio Teachers SHOULD ADVISE students’ parents that
“”You will find your own answer by observing the school policy makers’ action and decision on the policy makers’ children.
You ask yourself an important question that do children of all policy makers and advocates for INVALID testing scheme, take those INVALID tests???””
Yes, parents and students should use the LEAST logical mind to distinguish the right from wrong for being FORCED to COMPLY in taking INVALID tests.
Please remember that ALL ENFORCING POLICIES ARE BAD to be obliged to comply due to MONEY INTEREST in greedy corporate.
All stressful and fearful duties spell out trouble ahead for students and democracy in classrooms and work-forces. Back2basic
LikeLike
In Utah, I guess we are supposed to say that we cannot answer the question.
LikeLike
Threatened Out West
Can you say “I can not answer the question, but perhaps Diane Ravitch can”?
Ha ha ha ha.
I imagine that even mentioning Diane’s name is probably grounds for dismissal — and expulsion from Utah.
LikeLike
Hi, can someone please let me know what Michael Hynes means by “The assessments are still fundamentally age inappropriate and aligned with the Common Core standards. The Common Core Standards will no longer be in New York State. I repeat, they will no longer be in New York State.”
Is this his hypothesis or is there strong evidence to suggest these standards are going to be dropped?
I ask as a parent of a 9 and 6 year old–both are being negatively impacted by the Common Core. Thanks.
LikeLike
Michael Hynes, if you read this, please explain your claim that the CC standards are finished.
LikeLike
I live in NY State and supposedly there is going to be a “change” in the standards. We will no longer have Pearson for test materials but will go with another group Questar in 2017. But other states have claimed to do the same thing except they just changed the name from Common Core to something else which was still very much Common Core. Although I fully support Mr. Hynes and we think he is one of the very few voices in school adminstration in our local area who speaks out, I think he may be a bit premature to claim that Common Core Standards will no longer be in NY. Only time will tell to see if our Chancellor Elia and Cuomo’s administration will change the standards. I am not that hopeful at this point of it really happening.
LikeLike
I am, and have been for some time, a big fan of Michael Hynes. We need more administrators who advocate for students and teachers the way he does.
I especially love the way he uses the politicians quotes to make and support our position.
LikeLike
I have the same question as “NYC Mother”. What does he mean that the CC Standards will no longer be in NYS? Anyone have that in writing anywhere? Thanks!
LikeLike
They will likely do what they did in Nevada, keep the standards, re-brand them as state standards, wasting millions of dollars, and give the same tests as last year. Nevada intends to try the SBAC computerized test again this year.
LikeLike
I believe the CC standards will no longer be used in NY state because they will be rewritten during this moratorium. If the right people are crafting the new standards when they are rewritten, they shouldn’t be re-branded…they will be rewritten with real teachers and educators who are part of the process.
We don’t want them to be like Nevada or any other state for that matter. The standards as we know them now will be different and because I am an optimist, they will be appropriate for all of our children. Especially if our new Chancellor is the right one. The next 3 months will shape the next 30 years in public education in NY state.
LikeLike
Mr. Hynes your statement “If the right people are crafting the new standards” is everything. Let’s hope the past doesn’t repeat itself as there never was the right people for this to begin with. And considering Chancellor Elia’s past history in Florida, I’m not feeling she is the “right” person at all to move forward, especially her stance on special education children and testing which she says is not even on her agenda to correct at this point. So they will continue to suffer taking tests they cannot even understand. Time will tell.
LikeLike
To Michael Hynes,
Have you been able to find out what an “un-timed” State test looks like? I’m just a teacher but my own administrators don’t know. I’ve written the NYSED and I’m waiting to hear back.
This is just further insanity.
The State’s response to all the concern about the length and difficulty of the tests was to keep them 6 days long remove a handful of questions and now allow students to spend undetermined amounts of time taking them?!
How can we take this Education Department seriously?
LikeLike
Mr. Hynes, thanks for sticking out your neck – where are your colleagues though?
LikeLike
This superintendent deserves a MAJOR AWARD for standing up to what is right supporting the children of Patchoque. Sure wish superintendents/CEO’s around the nation would follow suit!
LikeLike
To all conscientiously concerned parents and students of all grades:
Please DO NOT take a short-cut in learning. Please IGNORE all INVALID testing schemes.
JOY in LEARNING only happens in an environment without stress and fear.
TRUE LEARNING only happens in understanding the principle of all facts in life.
Please keep up with sharpening body, mind and spirit.
For body, walk, push up, sit up, and breathe in and out as deep and as long as possible.
For mind, under guidance of teachers, parents, good mentors, co-workers…
1) read all good books of all different genres, and all global cultures.
2) listen to variety of good music of all sounds from different cultures on Earth.
3) write essay at least 1, 3, 5 10, or 15 pages in your own interest subjects as many different topics relevant to survival in peace and in war as possible, within your age group that is at the appropriate level of learning and writing
For spirit, please head to the absolute true advice from Dr. Sandra Stotsky
[start quote]
Sandra Stotsky, an expert on using literature to teach CIVIC VIRTUES, stresses the educational value of exposing learners to characters who exhibit such traits as:
courage, hope, optimism, ambition, individual initiative,
love of country, love of family
,
the ability to laugh at themselves,
a concern for the environment, and
outrage at social injustice.” (Stotsky, 1992)”
[end quote]
I deeply respect people’s KARMA. However, I sincerely wish that people can self cultivate their opened mind in order to transform themselves to become enlightenment (no stress, no fear) soon in many upcoming lives on earth. I believe in goodness which can alter our KARMA by alleviating our own miseries, and bring more happiness to our surroundings and all people around us wherever we go and live on Earth. Back2basic.
LikeLike
Un-timed tests that don’t count for students (or teachers or schools) and have a three year record of producing super inflated failure rates that have produced virtually zero improvement in reading, writing, or math abilities.
This is starting to read like a Shirley Jackson short story: “The Tests”
LikeLike
Bingo RATT!
LikeLike
It is NO surprise that many NYS superintendents are falling in line with the sales job from Commish Elia regarding slowing down the Opt Out movement in NYS. Those who see the NYS ed system as top down rather than bottom up will continue to fight their losing battle. There are still too many Superintendents who are followers rather than leaders, regardless of the theoretical education leadership position they hold. Most are simply middle management, not leaders.
LikeLike
I concur David Greene – parents are being told to opt out but the teachers and Admin are not allowed to talk to parents about the matter – who are we to trust?
LikeLike
A friend to told me that until the Education Act 2015 is repealed, nothing has changed.
LikeLike
The ESSA has been signed into LAW, effective August 2016.
LikeLike
TEACHERS NOT ALLOWED TO SPEAK? I asked the political director of the UFT why they never embraced opt out or funded ads like the NJ unions did. He told me it’s because NY teachers cannot by law, referencing the Taylor Law that includes prohibitions on striking in exchange for the right of collective bargaining.
This seems to contradict the actions of NYSUT President who called for opt-out on the radio, presumably during her “work hours” when her salary was being paid for by teachers. NYSUT also didn’t fund opt out ads, but did robocall members to encourage opt out.
So it seems there are vastly differing opinions over what NY teachers can and cannot do, even through their unions. One question that goes to the heart of the Friedrichs case is whether opt-out speech is political or pedagogical.
It’s evident that teachers refusing to administer tests would invoke breach of contract claims, but what about advocating opt out on your own time? Or even just presenting data that shows the harms of testing?
I guess it would take a test case to decide this in court (or the court of public opinion). Ironically, the leading candidate running against UFT President Mike Mulgrew this April is Jia Lee, a teacher and opt-out mom who refuses to administer the tests.
That fact alone seems like it would make for a fascinating article in the education news media.
LikeLike
Supreme Court case law allows teachers to speak out, outside of school hours, as citizens. Teachers have limited free-speech rights during working hours.
NY teachers are also protected by due process laws. Any action taken against a teacher by a school district (not NYSED) cannot be applied to select individuals. The action must be applied to all.
LikeLike
Most of my students that took the test last year were Special Education students, ESL students, and the children of parents who did not speak English or were not informed about how schools work.
LikeLike