The following is an excerpt from a letter written by the BATs to Chancellor Betty A. Rosa.
Dear Chancellor Rosa,
Congratulations on your well-deserved chancellorship. Students, parents, educators and taxpayers across NY state have sorely missed out on guidance from experienced practitioners in the challenging conditions of the real world. We also applaud your prioritization of the CFE state funding ruling because the state has avoided compliance for too long.
NY BATs are vocal members of our communities working to inform state and local policymakers on the in-classroom consequences of Albany’s policies. Allied with parent groups, we foster public engagement in education and electoral debates via a resolved grassroots presence.
STATE OF CONTROVERSY: NY’s test refusals show a deep, sustained rejection of top-down standardized testing. Those most impacted have experiences to share as well as scientific and scholarly research which needs a close read. Free from some federal mandates, the battle has come to fifty state houses. In Albany, well-established networks of monied corporations and private consultants drive privatization policies, greatly exaggerating actual educator or local input.
Public discourse is also changing, with media spending, advocacy and spin failing to use the Common Core’s requirement to source claims and show critical rigor. If we ask students to contrast and respond to differing viewpoints, why does our “adult” communication consist of exaggeration, distortion and people talking past each other?
TIME LOST: We haven’t seen open debate of snapshot-based assumptions or hidden formulas used to define and weigh ‘growth’. Nor a debate of data integrity following post-testing manipulations and 700 different implementations. These “comparative” results, already skewed badly are turned into “swiss cheese” once the opt-out families refuse participation. These experimental attempts at standardization have cost us time we can never have back.
STUDENT SUPPORT? We need the best evidence in policymaking, media, and even in the courts. The stated purpose of the tests is to identify need in order to send in support. The test results have purported to show major, widespread need of improvement. But where has the support been? Instead of in-classroom resources, we have seen a changing of standards and steady expansion of testing, receivership policies and charter schools, all actions that displace funding to support students.
THE BIG CONTOURS: The most basic fallacy driving NY’s testing lumps all learners into a one-year age-based range of assessment – only in two subjects – calibrated to the highest third of a bell curve, and then ponderously backwards-mapped to benchmarks that mandate conformity to a single, consistent pace of physical, cognitive and emotional development.
In struggling schools, students losing the opportunity to learn on their functioning level, all year long. Today we still see testing benchmarks driving curriculum rather than student need.
CONSTITUTIONAL ARGUMENT: Could a test case ask the Supreme Court whether there was ever any federal authority to impose testing, let alone the testing criteria? The NYS Board of Regents should consider this question in interpreting whether age-based benchmarks are appropriate for every learner in every circumstance across the state. If so, evidence of efficacy or reliability is paramount.
STANDARDIZATION WHY? The “cookie cutter” approach conflicts with best practices in education, where teachers are specifically trained to exercise autonomy in recognizing and meeting student need. Each year, NY districts struggle to comply with ever-changing tweaks, reinventions and overhauls of policies built on unproven theories of assessing learning.
Diverting millions per year, local educators’ ability to meet need is hampered, with individualized attention at the school level sacrificed for tests and macro-comparison. NY’s homegrown portfolio-based models, such as those used in the Performance Standards Consortium, have proven better suited to meet student need and value individual student ability.
BACKROOM, TOP-DOWN DEALS: NY’s closed door process gives us decrees without transparency or inclusiveness. Educators who know best what works in schools are shut out as special access is given to connected lobbyists and consultants. But their corporate ideas have failed to deliver improvement or support, year after year, showing that we need a shift to research-based, piloted and proven teaching methods.
We were told annual testing in ESSA was renewed because “civil rights groups” demanded it. More accurately, it was the leadership of these groups, awash in influence from reformers. We recognize the desperation to level the playing field for underserved schools, disproportionately located in communities of color, but we do not buy that standardized test-based accountability works. We believe wraparound services and removal of obstacles to whole-child learning are what’s needed.
NARROW MEASURES: The belief cognitive ability can be measured and compared in a vacuum is inherently unscientific, fraught with oversimplification that denies important real world variances. Can student growth legitimately be boiled down to annual test scores in just two subjects? Do “norming” controls for language, disability and poverty cover the true range of issues affecting outcomes? Even farther removed, can these scores be used across the state in a flat numeric percentage purporting to capture the impact of teacher practice?
DOJ and CDC research suggests measures of non-cognitive development are more accurate predictors of future success and societal costs. If ever we were looking to optimize the search for “red flags” to direct support and early intervention, it is the social-emotional markers that more directly tell the story.
MORATORIUM NOT ENOUGH: NY’s version of VAM is APPR, assailed by study after study before being hauled into court. The six-Regent position paper published last June requested that APPR should be suspended for reexamination. The Board passed a moratorium, but we still await the review, including overdue responses to the 2014 report by the American Statistical Association or the report by the American Educational Research Association.
Opt-out leader Jia Lee has suggested that the 4-year moratorium is designed to outlast parents whose kids will age out of testing, as younger teachers also proliferate. Perhaps it’s “kicking the can down the road” during an election year, but we hope that a transparent process to expose VAM will lead to decisions based on technical merit and efficacy.
NY TRUSTS ITS EDUCATORS: Who shapes these policies is also germane to the debate. Should we entrust the officials coming and going through the “revolving door” whose track record led us to this moment? Can we recognize that the professionals most familiar with the students had it right from the start? The NY Principals Paper on APPR was signed by over a third of NY’s principals back in 2011, showing that NY’s top field practitioners weighed in on this – apolitically – long before public trust was compromised, hoping to avoid costly waste and social experimentation.
In 2013, teachers organized – outside of unions – activating a process of learning, sharing and speaking out against testing and evaluation policies we found were hatched by a sprawling network of “philanthropists”, hedge fund managers and billionaire PAC bundlers.
In 2015, NY parents statewide finally forced the media and political class to notice, building on gains made in 2014 centered in Long Island. The more parents learned, the more likely they became to refuse the tests. But deliberately off-putting technical jargon ensured most New Yorkers wouldn’t question the validity of tests. NYBATs asked incoming Commissioner Elia to explain or source the state’s reliability evidence in an open letter last July……
TEACHER TINKERING: We anticipate ESSA provisions concerning teacher recruitment, licensing, training and mentoring to be problematic based on any top-down federal approach. We suspect these will be new avenues for privatization and usurpation of local control and stakeholder input. Competitive grants increase inequity, politicization, and federal interference in education, introducing perverse incentives. We ask the Board to put NY’s proven teacher-training practices ahead of federal standardization incentivizes.
Deference to market-based approaches instead of basic, equal distribution of resources has led your predecessors astray, and the damage has awakened a concerned public. The continually botched implementations of privatization policy in our state have hurt, not helped learning in classrooms, directly illustrating how money-in-politics affects children.
NY’s educators have already developed alternatives to federal standardization strictures. We hope to support you in the effort to treat kids as individuals and restore sensible, democratically accountable and transparent decision-making to NY schools.
So signed,
NY BATS
badassteacher.org

The Spark Notes version:
Dr. Rosa please bail us out of Cuomo’s mess (i.e. The Regents Reform Agenda).
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“SLO Man” (with apologies to the Blues Brothers)
Comin’ to ya in a public school
Good evalin’ I got new rule
And when you get it you got something
So don’t worry cause I’m coming
I’m a SLO man
I’m a SLO man
I’m a SLO man
I’m a SLO man
Got what I got the King way
And I’ll make it better each and every day
So honey don’t you fret
Cause you ain’t seen nothing yet
I’m a SLO man
I’m a SLO man
Play it Elia!
I’m a SLO man
I’m a SLO man
Listen
I was brought up on a SLO street
I learned how to SLO before I could eat
I was educated from good stock
When I start SLOin’ I just can’t stop
I’m a SLO man
I’m a SLO man
I’m a SLO man
I’m a SLO man
Well grab the rope and I’ll pull you in
Give you hope and be your only fake friend
Yeah, yeah, yeah, yeah
I’m a SLO man
I’m a SLO man
You’re a SLO man
I’m a SLO man
I’m a SLO man
I’m a SLO man
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SDP
Thanks for reminding us that EVERY teacher in NYS is on a SLO for the 2016/2017 school year – and @50%!!!!!!!!.
This is true madness and will of course accomplish absolutely nothing.
Oh, wait now, that’s not entirely true. This has actually inspired my school district to propose a revolutionary approach to teacher evaluation. They plan on placing almost every teacher (90%) on the SAME SLO! Yes SDP, the same SLO using the pooled scores from the five required Regents exams. This of course includes the SAME targets – targets that will ensure success for all! Not wanting the inconvenience of writing 160+ TIP plans, they have completed a data analysis using past scores that indicate that this plan almost guarantees that all 160 teachers will be rated “effective”. Personally I think this is a brilliant solution. In your face Andy! As far as the 10% of us “unprotected” teachers – well we will be rated using our state (primarily Regents) tests as always. The Global History teacher drew the shortest straw of them all.
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Rage,
HA! This reminds me of le Système- D as they call it in France. It’s the idea of getting around the rules and / or using them to benefit one’s own purpose. Believe me – there are many teachers and schools out there using their precious time to plot and plan a way to get around this ridiculous, unfair evaluation situation. Awful.
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MKP
Is there a French term or phrase for “corrective perversion of really stupid ideas”?
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RageAgainstTheTestocracy, I don’t know if there is a French term for “corrective perversion of really stupid ideas,” but I offer a song that, while not French, although based on the work of a French author, is about what happens when people get really sick and tired of “stupid ideas.”
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Je vous/te remercie
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And who says literature has nothing to do with “real life!?”
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People who have no real life.
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“Could a test case ask the Supreme Court whether there was ever any federal authority to impose testing, let alone the testing criteria?” This question captured my attention as it is one that needs answering. To my knowledge the legitimacy of the federal government to impose testing on state public schools has never been challenged.
My own history as an ESL teacher in New York goes back decades so I can only speak from my experience with ELLs. At first ELLs were only given valid ESL tests, no other tests were required. Our district only gave standardized tests in some grades designated by the Regents. When NCLB came in, students in grades 3 and above took standardized tests. We were told this was to prove that compensatory students had a need for Title 1 services that were partly funded by the federal government. From there the testing increased exponentially, included all grades, and morphed into a monster that had a life of its own.
The question that needs to be answered is whether the federally demanded testing in an example of federal overreach. We know the federal government’s power includes enforcing civil rights laws and issues related to equity. What has happened is the opposite of equity. Testing is harming poor minority students. In some cases poor students are being railroaded into charters that are more segregated while they are being denied access to legitimate public education. In no place is it stated that the federal government serve to market the interests of private contractors. This seems to be how the federal government functions today.
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But isn’t that an oxymoron: It is the federal government’s goal to invasively enforce the punitive standardized testing of diverse student populations AND simultaneously protect these same students’ civil rights?
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Perhaps in a court case the federal government would have a burden to prove that standardized testing is enforcing civil rights laws? It would be a stretch, especially when there is so much evidence to the contrary. I am not a lawyer, but asking question about federal assumptions is good.
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I always thought that the NCLB act should have been challenged on a constitutional basis. How could a law that required the impossible (100% proficiency), possibly be legal? How could a law that ensured non-compliance for every stakeholder possibly be legal?
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The establishment clause of the First amendment to the Constitution actually forbids government favoritism for any one religion and “school deform” would certainly qualify as a religion (‘The Church of Free-market Fundamentalism”, with Milton Friedman as God and Bill Gates as the Profit)
But unfortunately, the First amendment has has never been invoked to oppose this — at least not to my knowledge.
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Should the government in the form of its public schools discriminate against some and rewarding others through the sorting and ranking that occurs in the standards and testing regime?
I contend that that discrimination through/by inherent out of the control of the individual mental capabilities/abilities is no different than discriminating against someone through/by gender or race.
How that aspect has not been legally pursued by now is beyond me
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Wow! All I can say is thank goodness I found this group I now am a part of. They speak truth because they have listened to all. Please Chancellor Rosa, listen to all of us. We need this nightmare to end.
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I wholeheartedly am in favor of everything written in the letter–EXCEPT the phrase “basic, equal distribution of resources…” What our schools need is *equitable* distribution of resources, which may be unequal. In other words, the neediest schools should receive more resources than other schools.
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Also, we MUST stop thinking, in any way, that our path out of this as working teachers in NY is going to happen via a savior.
Rosa is not and will not be our savior (she could help, don’t get me wrong)
Preet is not our savior
Opt-Out is not our savior
True collective, labor action is our only path out and that only happens as it should when we dispense with the idea of and need for a savior of any kind.
The challenges we face are broader and more entrenched than we think.
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