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COLORADO COURT DENIES STATE’S MOTION TO DISMISS SCHOOL FUNDING CASE

November 14, 2014

On November 12, 2014, the Denver District Court brought the State of Colorado one step closer to fulfilling the promise of increased per pupil education funding that Amendment 23 in the Colorado Constitution requires.

In Dwyer v. State of Colorado, the Court denied the State’s motion to dismiss the lawsuit, which means the Court will now hear and rule on the merits of whether the State has violated Amendment 23 by cutting K-12 education by $1 billion each of the last four years. Added to the constitution by the voters in 2000, Amendment 23 requires the state to adjust annually the statewide base per pupil funding proportional to the rate of inflation.

On hearing the news, lead plaintiff Lindi Dwyer said, “This is a good start and a good day for Colorado. The voters made a promise in 2000 that the state would increase funding and provide educational opportunities to all students. The promise is in our constitution and today takes us one step closer to fulfilling that promise.”

Judge Herbert Stern, III ruled that, “Amendment 23 prescribes minimum increases for state funding of education.”

As explained by the plaintiffs’ counsel, the Dwyer suit “alleges that the General Assembly violated Amendment 23 by slashing education funding by over a billion dollars through a gimmick the State calls the Negative Factor.” In 2010, the legislature adopted the negative factor in a statute in an attempt to override its Amendment 23 responsibilities.  

Related Stories:

Keep the Promise” to Fund Schools as Colorado’s Constitution Requires

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Large numbers of high school students at Fairview High School in Boulder opted out of state tests.

“More than 5,000 Colorado 12th graders have refused to take the new state-mandated science and social studies tests as student anxiety about over-testing grows.

“Hundreds of high schools students in Boulder staged a mass walk out Thursday and Friday, refusing to take their 12th grade social studies and science tests.

“Fairview High School students say they want to send a clear message that when it comes to testing, enough is enough.”

They also objected to the idea that their teachers and schools might be harmed by their scores.

“Students complain the new tests don’t reflect what they’ve learned in school. Fairview Senior Jennifer Jun says some of the material was taught years earlier, or not at all.

“For them to be testing us on things that we never learned about just doesn’t make sense to us,” Jun says.

“Senior Chaya Wurman says students also worry that part of a teacher and school’s evaluation could eventually be tied to the results of tests.

“Our school is going to be harmed and our teachers are going to be harmed if students don’t do well on this test and obviously they won’t do well on this test because we’ll be tested on material that we have never learned or haven’t learned in years,” she says.

“Thursday morning, nine Fairview High students took the science test out of 538 seniors. Friday, 10 students took the social studies test.”

– See more at: http://www.cpr.org/news/story/thousands-students-protest-colorado-standardized-tests#sthash.DGG400IW.dpuf

Students in Colorado took action against pointless testing.

97% of the seniors at Cherry Creek High School stayed home to boycott the new state tests. Of 877 seniors, only 24 showed up.

The test results won’t be available until next fall, long after the seniors have graduated. The students know that the tests are meaningless.

Chalkbeat in Colorado reports that school authorities are worried about a mass opt-out by high school students in Boulder and in Douglas County and possibly other districts. The students say they have been tested nonstop during their entire school careers, and “enough is enough.” They are right.

 

This letter just in from a student leader in Colorado, who attends Fairview High School in Boulder, the epicenter of the student revolt. When the students organize and push back, they will change the national climate. Students are the true victims of our nation’s obsession with high-stakes testing and standardized testing. It is they who are losing a real education while their schools are compelled to administer test after test, taking away a month or more of instruction, dropping the arts and other subjects that encourage creativity. When teachers and administrators protest, they can be fired. The students cannot be fired. They are powerful because they are free to voice their opinions without fear of retribution.  If this time of national test mania should ever subside, it will be because students like these in Colorado stood together and demanded real education, real instruction, instruction meant to recognize their talents and to inspire them to ask questions, not to check the right boxes. As the scholar Yong Zhao writes in his last book about Chinese education, standardized tests are inherently authoritarian; they require students to give the answer that the authorities demand. These students reject authoritarianism; they want an education that challenges them, inspires them, brings out the best in them. And they are right. They are the Tom Paines of our time. May their numbers multiply. They act in the authentic American tradition of revolt against distant and oppressive authorities.

 

For their intelligence, their courage, and their resistance to mindless demands that destroy their education, I name these students to the honor roll of the blog. The adults are “just following orders.” The students are taking an active role in their own education.

 

 

 

 

 

Hello Ms. Ravitch,
My name is Jennifer Jun and I am a senior at Fairview High School in Boulder, Colorado. I’m writing to tell you that the senior class of our school, along with several other schools, is planning a protest of the Colorado Measures of Academic Success (CMAS) test that is expected to take place this Thursday 11/13 and Friday 11/14.

 

I have been following your blog and updates to educational issues for some time now, and I simply wanted to reach out and let you know. It would be an honor to have our event recognized by a key individual in the national education reform dialogue like you.
After extensive and research and discussion our senior class has decided that the implementation of this test did not take into account student opinions, and also does not accurately reflect the Colorado social studies and science curriculum. Therefore, we students have decided to opt out of the test and gather by the school during the testing hours to protest the lack of student voice that goes into such educational reform.

 

The students have been actively initiating dialogue with school administration, the district, and intend to find other channels to talk to policy makers and individuals that are involved in implementations of such tests.

 

Students have made a 3-minute informational video about the protest, which outlines additional details about the event: https://www.youtube.com/watch?v=38zAfVOu1tw&feature=youtu.be . We have also written an open letter discussing our opinions of the test: https://docs.google.com/document/d/1tbDg-SEqpYrBUwixGh4wuMu6B0YYnfftt6u-cI5dWmQ/edit?usp=sharing

 

The protest was just released to the public today, and here is one of the several articles outlining the event: http://www.dailycamera.com/boulder-county-schools/ci_26910001/boulder-valley-seniors-plan-protest-state-tests-this
Thank you for your time and for being such an active voice for the students and the betterment of education.

 

Sincerely,

 

 

Jennifer Jun
Fairview High School

jenniferjunfhs@gmail.com

Colorado released scores on its new tests in science and social studies, and the proportion of students labeled “college-reeady ” was disastrous. That is, if you expect  most students to graduate from high school and perhaps go to college.

 

Either the curriculum has been narrowed so much that students aren’t learning much science or math, or the tests were so hard that few students could pass it.

 

Officials said, as they always did, that they expected low scores. Any teacher whose class got such low scores would be rated “ineffective.”

 

Colorado has been in the firm grip of the corporate reform movement for a decade. Look at the results. Sad for the kids.

 

Colorado students scored dismally in new science and social studies test results released Monday, a sobering development as the state enters a new era of standards and tests meant to be more demanding.

 

Just 17 percent of Colorado fourth- and seventh-graders scored “strong” or “distinguished” in the state’s first social studies tests. That means those students are on track to be ready for college and career.

 

In science, 34 percent of fifth-graders and 32 percent of eighth-graders hit those marks in assessments given last spring.

 

The results are a test run for advocates of tougher standards and tests. Those supporters will face a similar situation — and possible backlash — after a larger round of tests this spring based on the politically divisive Common Core standards in math and language arts.

 

In portraying the social studies and science results, state officials were careful to emphasize two points — that the standards and tests are unique to Colorado, and low scores were anticipated.

 

And more:

 

To measure students’ mastery, the education department, educators and publishing giant Pearson Inc. developed new online tests, the Colorado Measures of Academic Success, or CMAS.

 

The racial achievement gaps were stark in the results released Monday. In fifth-grade science, 13 percent of black and 15 percent of Latino students were strong or distinguished, compared to 46 percent of white students.

 

High-performing charter schools and district-run schools in affluent areas scored highly.

 

Districts in poor rural areas and close-in Denver suburbs posted the lowest scores. On average, just 6 percent of students in Commerce City-based Adams County School District 14 scored strong or distinguished on the tests.

 

In Denver Public Schools, 11 percent of fourth-graders and 12 percent of seventh-graders scored strong or distinguished in social studies. Twenty percent of fifth-graders and 22 percent of eight-graders did so in science.

 

“The results are not where we want them to be long-term,” said Alyssa Whitehead-Bust, DPS’ chief academic and innovation officer, adding they were not a surprise. “We obviously feel we have the opportunity to really grow and ensure deeper levels of command for students.”

 

Look at the bright side: There is lots of opportunity to grow when you are down so far. Rigor, rigor, rigor!

 

 

 

 

Colorado State Commissioner of Education Robert Hammond sent a letter to all districts warning them not to opt out of state or federal testing. The gist of his letter was: it may be harmful; it may be child abuse; it may violate your professional ethics; Italy be a waste of time and money; but it is the law and in our state, we follow orders.

Superintendent Nicholas Gledich said District 11 did not intend to break the law. “”We’ve never had a desire to not be in compliance with the laws; we’ve had a desire to create change and coordination by which the conversation could be held,” he said.

“But D-11 isn’t conceding defeat.

“We’re not ready to just drop everything,” said Elaine Naleski, vice president of the district’s board. “We’re still having the conversations. At this point, I don’t want to say OK, they said we can’t do it so let’s go back to doing what we have been doing. We believe in local control and will do what we can locally because we believe it’s good for the kids.”

“Gledich said Hammond didn’t shut the door on D-11’s request. In his letter to Gledich, Hammond said he will have CDE staff reach out to D-11 to “explore ways in which the department can continue to collaborate and incubate innovative approaches to these issues.”

“What I see in his response is he’d like to work with us to explore innovative approaches,” Gledich said.

“However, he and I both understand that we have to work within the federal requirements.”

“The mounting resistance to standardized testing is coming at a time when Colorado education officials are reviewing a frustrating picture of a lack of academic improvement over the past 10 years of testing.

According to an annual report the CDE submitted to the State Board on Wednesday, while the percentage of students scoring proficient and advanced on math tests has increased by 12 percent since 2004, it’s only advanced by 
3 percent in reading and 
writing.

“School readiness of 4-year-olds has declined in literacy and math in the past three years and the percentage of third-graders reading at or above grade level has stagnated at about 72 percent.”

Remember how Arne Duncan says he wants less testing? Don’t believe him. In Colorado, such requests are routinely rejected by Duncan’s DOE. Do you think he doesn’t know?

“The U.S. Department of Education “has made it clear to us” that if a state or district fails to comply with the assessment requirements of the Elementary and Secondary Education Act of 1965, or a state-approved flexibility waiver, its federal funding for low-income students could be in jeopardy, Hammond’s letter to superintendents states.”

Thanks, Arne, for reminding us to watch what you do and ignore what you say or write.

The Colorado Springs school board, District 11, voted to opt out of state and federal Common Core testing.

The vote was unanimous.

“Unprecedented action Wednesday night by Colorado Springs School District 11, as the Board of Education voted unanimously to try and opt out of standardized testing mandated by the State and the federal Common Core Curriculum.

“The District’s resolution regarding state mandated testing would mean students and teachers can focus more on education and life skills in the classroom and spend less time preparing for standardized tests. It’s designed to give the district flexibility in the classroom.

“I’m so excited that D-11 has taken a stand,” said Sarah Sampayo, who’s children attend Lewis-Palmer District 38 schools.

“Parents from across the state, including Denver, Pueblo and Monument, attended the board’s meeting to voice their support for D-11’s bold plan.

“I want my young kids to enjoy education and learning, I don’t want them staring at a test for hours day, after day, after day,” explained Denver mom, Kellie Conn.

“These parents hope that if D-11 can do it, the rest of the state will follow suit.

“Hopefully it will creep into Jefferson County, it will creep into Denver, it will creep into Littleton,” said Conn.

“D-11 Superintendent, Dr. Nicolas Gledich, explained that he isn’t against assessing students’ progress, but wants to do it in a more individualized way. That’s the goal of the district’s plan to modify standardized testing over a three year period.”

Dr. Gledich was previously named to the blog’s honor roll as a hero for proposing a three-year moratorium on standardized testing.

Jeannie Kaplan reports here on Jonathan Kozol’s recent visit to Denver. Denver is a city that has become totally devoted to corporate style “reform” for a decade. Now the corporate reformers own the entire school board plus they have a U.S. Senator Michael Bennett.

Kaplan shows how Kozol’s message explains corporate reform, now deeply embedded in Denver:

“THE SHAME OF THE NATION shows how the business model has become the blueprint for education “reform.” Education “reformers” use business jargon to describe their activities: “rewards and sanctions,” “return on investment,” “time management,” “college and career ready,” “maximizing proficiency,” “outcomes,” “rigorous,” “managers and officers,” “evaluation,” “accountability,” “portfolios of schools” (like a portfolio of stocks – get rid of the losers, keep the winners).

“Mr. Kozol describes the infiltration of business into education this way:

“Business leaders tell urban school officials…that what they need the schools to give them are “team players.”…Team players may well be of great importance to the operation of a business corporation and are obviously essential in the military services; but a healthy nation needs it future poets, prophets, ribald satirists, and maddening iconoclasts at least as much as it needs people who will file in a perfect line to an objective they are told they cannot question.” (p. 106)

“Here is how Denver Public Schools has adopted this business tenet. Every email sent by a DPS employee is signed and sent with the statement at the bottom, My name is Jeannie Kaplan, I’m from Youngstown, Ohio… and I play for DPS!

“Further business verbiage: In DPS principals are no longer principals but building CEOs or building managers. At the district level there is a chief executive officer, a chief financial officer, a chief operating officer, a chief academic officer, a chief strategic officer, and within the school buildings themselves there are managers for everything under the sun. You get the picture. And with all of these managers and officers DPS has witnessed increases in facility and resource imbalances and increases in segregation while academics have remained stagnant. Corporate reform is a failure in the United States. But politics, money and lies will not allow it to go quietly into the night, and Denver’s students and communities are paying the price.”

Kozol’s message is the opposite if corporate reform:

“We now have an apartheid curriculum . Because teachers and principals in the inner city are so test driven, inner city children who are mostly students of color are not allowed to have their voices heard through stories and questions, while white students are given that flexibility, opportunity and creativity.

“Test preparation is driving out child centered learning. Testing mania has become a national psychosis, driven by business.

“Racial isolation/segregation which does terrible damage to young people, is on the rise. In SHAME, education analyst Richard Rothstein points out how important it is for children of color to become comfortable in the majority culture and how devastating this new segregation is in the long term: “It is foolhardy to think black children can be taught no matter how well, in isolation and then have the skills and confidence as adults to succeed in a white world where they have no experience.” (p. 229). That Tuesday night Mr. Kozol referred to the new segregation as a “theological abomination.”

“And finally, of course, Mr. Kozol believes small class size, enriched curricula, and equitable resources and facilities would offer an equitable education for all children. This recent article in the Huffington Post clearly and disturbingly describes the safety and health hazards brought into Chicago public schools because business has invaded public schools. Bugs, moldy bread, trash left for days, leaks left unfixed. You can bet the East coast decision makers who are driving this “reform” did not attend schools under these conditions.”

By a vote of 3-2, the school board of Jefferson County, Colorado, passed its controversial proposal to adopt an American history curriculum that removes references to dissent and social disorder and anything else that diminishes a sense of patriotism. This idea was cooked up by a radical rightwing majority that took control of the board at the last election.

The meeting was noisy and fractious. Students turned out in large numbers to oppose the sanitized curriculum, and by their actions, showed that dissent is alive and well.

Luckily, there is a website devoted to watching the JeffCo school board. The Jeffcoschoolboardwatch says the word of the day now is: Recall!

The students have gained national and international attention. The school board majority and its allies say they are “pawns” of the teachers’ union. Fox News called them “punks.”

Peter Dreier, a professor at Occidental College in California, proposes that the major historical associations honor these students for demanding a history curriculum that is not saddled with ideological bias. They have stood up for academic freedom.

I call them heroes. Students cannot be fired. They can stand up for their right to learn and for their teachers’ right to teach. Teachers and principals can’t do that. Student protests can awaken the public. They can alert the people of JeffCo and Colorado about radical efforts to remove controversy from the teaching of U.S. history. They can save our schools from the reactionaries who want to hand them over to Walton-funded, Broad-funded, Gates-funded, NewSchools Venture-funded profiteers. They can stop data-mining.

Their voices cannot be stilled by threats and intimidation. They have the idealism of youth and the freedom to act and speak without fear. Go, students of JeffCo!

This is an appeal from a group of concerned educators and parents in Colorado who want to let parents know that they have a right to opt their children out of high-stakes state testing. They want to rent two big highway billboards. Can you help them? (Sorry I don’t have the graphic for the billboard. I bet if you email them, they will send you the graphic of the billboard.) I sent them a check. I hope you will too.

Dear Colleagues:

The good news is that our billboard campaign is off the ground. We have had a few early donations to the cause and our account at the Weld Schools Credit Union is just over $1,000. The donations have come from Boulder and Greeley, Colorado. Each year we have seen more parents exempt their children from this boondoggle of testing. The 2014 figures show that 1,412 parents exempted their children, up from 946 in 2013. I am attaching a photograph of last year’s billboard. This year’s boards will have a similar look, of course with the change of acronym to PARCC.

We have contracted with Mile Hi Outdoor Advertising for two billboards. One on Route 85 south of Greeley, and the other in a high visibility area in South Denver at Hampden and Santa Fe Avenues. The two billboards will cost $3,700 and will go up in mid-January, symbolically around the celebration of the works of Dr. Martin Luther King, Jr. We will have the billboards for at least one month and likely for longer if all is well.

All donations are greatly appreciated, no matter the amount. “Revolutionary headquarters” is at the following address:

The Coalition for Better Education, Inc.
2424 22nd Avenue
Greeley, Colorado 80631

In appreciation and solidarity,

Don Perl
The Coalition for Better Education, Inc.
http://www.thecbe.org

Department of Hispanic Studies
University of Northern Colorado
Greeley, Colorado 80639
don.perl@unco.edu
970-351-2746