After the recent PARCC tests were administered, a number of teachers went to social media to air their complaints about the quality and grade-level inappropriateness of the questions.


I posted one such article, which was originally on Celia Oyler’s blog. She is a professor at Teachers College, Columbia University.


Yesterday I received an email from Laura Stover of PARCC, telling me that my post contained copyrighted material, and I must take it down. Actually, it didn’t contain any copyrighted material, only a description of a test item, not the item itself. She actually wanted me to remove the link to Oyler’s post. I didn’t because the link is not copyrighted. I removed the paragraph referring to the test item.


I subsequently learned that that the same person wrote to Professor Oyler and threatened her with legal action if she didn’t delete her post and reveal the name of the teacher who wrote the post. Mercedes Schneider posted the letter to Oyler here.


I decided to tweet an article complaining about the PARCC test questions, and today I received notice from Twitter that my tweet had been deleted. If I persisted, my account might be suspended.


Here is the odd thing. Some years back, State Senator Ken Lavalle got a law passed called the Truth in Testing law. This required the release of all test items. Test makers complained but they had to comply.


I don’t know what happened to that law, which seems to have disappeared. I think it is a good idea, because students can study hundreds or thousands of items and be well prepared. The more test questions are released, the less likely that students will see any that may be re-used on the actual test.


Full disclosure is the best answer.


Of course, even better would be to do away with the PARCC tests, which are designed to be so difficult that most students will fail. The passing mark is aligned with NAEP proficient, which only 35-40% of students ever reach, except in Massachusetts.




This is the email I just received:





The following material has been removed from your account in response to the DMCA takedown notice copied at
the bottom of this email:


Tweet: – Test secrets revealed:
If you believe the material has been removed as a result of mistake or misidentification,
you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).


Please include the following in your counter-notification:
Your full name, address, telephone number, e-mail address, and Twitter user name.
Identification of the material that has been removed or to which access has been disabled and the location
at which the material appeared before it was removed or access to it was disabled.
The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was
removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
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your address is located, or if your address is outside of the United States, the Northern District of California,
and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an
agent of such person.
Your physical or electronic signature


Please send your counter-notification to us as a response to this message, or as a new email to


We will forward a copy of your counter-notification, including the information required in item 1 above, to the


Please note that repeat violations of this policy may result in suspension of your account. In order to avoid this,
do not post additional material in violation of our Copyright Policy and immediately remove any material from your
account for which you are not authorized to post.




DMCA Takedown Notice


== Copyright owner: Laura Slover
== Name: Kevin Michael Days
== Company: PARCC Inc.
== Job title: Associate Director, Operations
== Email address:


== Address: 1747 Pennsylvania Avenue, NW, 6th Floor
== City: Washington
== State/Province: District of Columbia
== Postal code: 20006
== Country: United States
== Phone (optional): 2027488100
== Fax (optional): n/a



== Description of original work: The user has posted a link to a blog that contains secured operational items from the computer-based PARCC Grade 4 English Language Arts/Literacy Assessment, including information about the reading passages and essay prompts.



== Links to original work: n/a

== Reported Tweet URL:


== Description of infringement: The Infringing Material consists of questions and supporting material relating to the PARCC standardized assessments and no person has been authorized to post or disclose such material other than certain persons authorized to administer the PARCC Assessments in a secure environment. No public disclosure has been authorized for the subject material. In particular, Parcc Inc. has a good faith belief that the use of the material described above has not been authorized by Parcc, Inc. as the owner of the subject copyrights.


== 512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys’ fees, if I knowingly materially misrepresent that reported material or activity is infringing.


== Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.


== Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.


== Signature: Kevin Michael Days
Reference #ref:00DA0000000K0A8.500G000000xnZiY:ref
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