Rep. Mike Stewart and his wife Ruth decided to opt their child out of state testing. The MommaBears of Tennessee were overjoyed. Tennessee has no law permitting opt out. The MammaBears hope that the Stewart’s decision will make the voices of other parents heard by state officials.
This is the letter that Ruth Stewart sent to the school and made public:
Please accept this letter as a record of my decision to refuse for (name redacted for privacy) to participate in TN Ready/TnReady TCAP test and pretests at (school name redacted for privacy) for the remaining school year. My refusal to allow (child’s name) to participate is because I believe standardized high stakes testing take away time from the instructional experiences my child might otherwise receive. I want more teaching and learning, and less testing! I am aware that there is no “opt out” clause in the state of Tennessee. But the state has yet to provide any legal documentation that my child may not exercise his or her right to refuse the tests.
I understand that it is state and local policy to require all students to are to be evaluated for proficiency in various subject areas at each grade level. However, I believe that testing is not synonymous with standardized testing and request that the school and my child’s teacher(s) evaluate her progress using alternative measures including project-based assignments, teacher-made tests, portfolios, and performance-based assessments.
(Child’s name) is prepared to come to school every day during the testing window with alternative meaningful, self-directed learning activities that support the essential curriculum, or is willing to participate in other meaningful activities as determined by the school or her teachers during testing times. Please let me know beforehand what I can expect as far as instructional experiences (child’s name) will experience during testing windows. I am happy to develop material for her if the teachers believe this is appropriate. I have a tremendous respect for (child’s name)’s teachers and her school. My issue is with frequent high-stakes standardized testing and the harm it does to children, teachers, and our public schools.
Respectfully yours,
Ruth Stewart
Dear Ruth, Showing such care for your daughter is magnificent! I do hope that your example causes other parents to Opt Out.
I live in Indiana and wish there was an Opt Out movement here. I haven’t heard of anyone doing what you’re doing. It is our loss.
So start a movement.
4 years ago, NY only had a handful of Opt Outs. Last year we had 240,000. Be the trailblazer.
I do like the last paragraph, especially since there have been tales of kids being made to sit quietly in the testing room.
“Tennessee has no law permitting opt out.”
And I bet they have no law permitting sleeping in on Saturday or dying your hair blue. Yet those things are perfectly legal. The way our country works is that there has to be laws prohibiting things in order for them to be illegal. We don’t need laws permitting things.
Excellent point.
Dienne: what you said.
😎
Tennessee actually has stated in writing that parents do not have the right to opt out.
The state’s position is: if you don’t want standardized testing, you can opt out of public school. Standardized tests are 15-25% of student grades depending on age/district.,
Some districts are not counting this years tests because in this first year taking the online TNREADY (pretty name for PARCC) test results won’t be ready in time.
huge respect for this legislator.
I need to drum up a bit of his courage.
I’ve seen the practice tests. They are nothing short of malpractice. (Unless you enjoy watching a nine year old try to hunt and peck his way through the keyboard while attempting to actually think about an essay prompt 2 years above his ability)
What do you mean by “in writing”? Is it a state law?
“We don’t need laws permitting things.”
Actually, there are some governmental rules and regulations/laws set up as “permitting/allowing” some things. If it is not stated in the rules that it can be done then it can’t be done legally. An example: The Missouri Department of Conservation has a “permissive” code which tell what methods, dates, times, limits, etc. . . are allowed. If a method or anything else is not specifically permitted it is not allowed.
The reason of “It wasn’t prohibited by the regulations” doesn’t hold legal water as an excuse to do whatever one wants to do.
I don’t know about Tennessee’s laws, rules and regulations regarding opting out, perhaps someone can help us out!!
This is simply beautiful, but then, courage always is.
Reblogged this on Politicians Are Poody Heads and commented:
Good for these parents. And her last two paragraphs are spot on.
It will be interesting to see how the school district responds and whether it will try a lot of push-back, especially considering the fact that the father is a state legislator.
I was just told that I am the first parent in Putnam County to say my daughter is not taking the tests . . . The principal referred me to Denette Kolbe and I had a conversation with her and was told that it was the “law” that my daughter takes it . . I told her show me the law . . .and don’t show me the memo by Christy Ballard because I already saw it . . anyone with help PLEASE?!
Putnam County in which state? Are you talking about New York?
I just googled it and I see you are in Tennessee. Email me at tfarley1969 at gmail dot com and I will help you.
From United Opt Out re Tennessee Test Refusal
Tennessee Representative Mike Stewart is also an attorney. Opting his child out of state testing breaks no law.
Putnam County Tennessee
Tim, can you share the secret of how to opt out in TN?
The opt out (refusal) form is embedded.
Help! Also on Tennessee. I have sent basically this same letter. I am being told (again this year) that my son will have to sit and stare. Were they counting tests this year, he would take a zero. The quote state law and fed requirements, send me the truancy policy and say their hands are tied and I should seek other educational options, like private school. Testing starts NEXT week. And, even if we are absent on each of the testing days, the makeup window is weeks long. Followed by another round of testing in May. If Rep Stewart gets a different answer, we all need to know it ASAP, so we can use that as leverage to force our district to honor our refusal without penalty or punitive treatment. 3lkurtz@comcast.net
Leslie, google United Opt Out. They provide advice for parents in every state on how to opt out and what your rights are
Leslie Kurtz,
Here is the link to United Opt Out: http://unitedoptout.com/wp-content/uploads/2014/04/Tennnessee-Refusal-September-12-2014.pdf
Diane,
First- wait until I tell everyone Diane Ravitch emailed me! Thanks
I’ve done all the things on the opt out. In fact, I wrote a lot of TN’s info. Here’s the latest response (yesterday) from my son’s school: Bottom line- sit and stare or miss a month of school. I’m not the only one and many people email me for help on this, but we all get the same answer. Help!
The BMS TNReady testing schedule for February is now available on the school website. I believe you are aware that in Tennessee that we are required to administer state assessments aligned to academic standards under the Elementary Secondary Education Act (ESEA) §1111 (b)(3). Neither federal nor state law provides for a parental opt-out policy from state assessments. Therefore if a student is in the building on the day of the state administered assessment, the student should attempt the test. We are instructed that if the student refuses to test, that we should complete a Report of Irregularity (RI) and mark the student as a ‘Refusal/Did not Attempt’. Consequently, we can not provide a space for him to work on alternative materials. These are the policies that we have to follow. Please look at the testing schedule on the website. Please note that makeup tests will be conducted throughout the testing window that ranges from February 8 – March 4. If you have questions regarding the testing schedule please email me or call me at 539-7839.
Leslie,
Home school your son. Take him out, go do real educational activities. After the testing window closes re-enroll him. They can’t do anything about it. I’m sure TN has a fairly open home school process. See: https://www.tn.gov/education/topic/home-schooling-in-tn
You can start homeschool at any time according to the site:
Frequently Asked Questions
Can a parent withdraw to home school at any point in the school year?
Yes. The cutoff date for registering to home school has been removed from the home school law. A parent should be allowed to withdraw their child from the public school and register for home school at any point in the school year.
– See more at: https://www.tn.gov/education/topic/home-schooling-in-tn#sthash.LbUH1Zjz.dpuf
Thanks, guys, but homeschool is not an option for us. He is getting a great education at his public school. I’m being left with the sit and stare option, which is abusive. My son can handle it, but many of the parents asking for my advice have special needs kids or kids without the maturity level to handle that. We are, collectively left without the right of refusal and no way to get a different answer. That’s one reason we are eager to hear about our state representative’s progress.
Just FYI, last year, he and a friend were able to take a trip to D. C. During the testing window. Great experience and problem solved. It is the length testing window for this year that has changed the game.
Leslie,
Do not allow yourself and family to be bullied by the educrats and adminimals. Do what you believe is right. And yes, you can “home school” him and he will learn a lot more than what will be occurring during the testing. Lots of historic sites in TN. Lots of music in TN. Lots of outdoor learning in TN. Many many things you could do that are so much more worth the time.
We would home school our son in a heartbeat if it weren’t for the social issues (i.e. he would miss his friends terribly).
I understand. I’m not a big fan of homeschooling for the social reasons, especially here in the Show Me State where the majority of home schooled of students are home schooled for far right X-tian religious reasons.
As a generality, all of the home schooled students I have worked with have been very polite, attentive and after the initial shock (I taught HS) did fine.
My push for parents to home school is to give them another option in fighting the testing insanity.
The reason TN began to count the test toward the students’ grades was that the tests were beginning to be used to evaluate teachers, but they had no effect on students. The students were not taking them seriously. Yet another reason to junk a bad idea, but the state chose instead to make the test a part of the grade in the course.
Dear Ruth Stewart,
I want to thank you and your husband for leading the way in TN for opt out. I have two boys who are awesomely Autistic, and they both have IEPs. My younger son is in special education full time. As their mother, I believe this standardized testing IS HARMFUL and AN ACT OF CRUELTY. They can’t read or understand any of the tests, and they were required to participate for hours.
I’m disappointed that the teachers and other school officials have not protested and/or advocated for special needs children. I also feel that they should advocate for all children!
Please count on me to rally support and take this issue to the Capital. Parents and children have rights, and special needs children should not be subjected to this at all!
Many thanks,
Ms. DuFour
“I’m disappointed that the teachers and other school officials have not protested and/or advocated for special needs children.”
Getting mad at the teachers is one of the goals of the reform movement so these failures of the tests are, in fact, fine with them.
Parents direct their anger to the teachers and not where it really should be directed to: governor and TNDOE.
Few parents, like you, can or willing take time to talk to legislators.
Teachers cannot speak up, because they are risking their jobs.
What a great idea! It’s so refreshing to see parents advocating for their children in a such a productive manner.
I especially appreciate the line about the parent being willing to develop material for the child. The idea of teachers being expected to tailor-make a comprehensive assessment for each opting-out student makes my head spin.
Teachers take a lot of flack, but they’re really just cogs in a wheel – with lives that they really want to enjoy after they’ve gotten out of their meetings and finished grading papers. In the end, the burden of logistics will fall on them. Whatever the Dept of Ed mandates, whatever the school board dictates, and whatever the parents request ultimately falls on their desk to perform.
And parents wonder why certain teachers don’t seem to like them.
If a child doesn’t plan to take the standardized test that the teacher’s very livelihood depends on, it’s a nice gesture for the parent to come up with something for the child to bring along to work on.
I am a teacher, but I left the school system. I now teach my children around the table. There I can tailor-make each assessment, and I have a huge incentive to help each child perform to the best of his abilities.
If you cannot homeschool, then at least put yourself on the teacher’s shoes and see what effort you can make for your one student. After all, if this movement catches on, it’s possible teachers could become responsible for simultaneously proctoring tests while keeping opt-out kids busy. Oh the headache.
Thank God for home sweet home. 🙂