Archives for category: New York

New York appears to be in resistance mode. Governor Andrew Cuomo passed a tax cap when he first took office, requiring a 60% supermajority to raise the school budget more than 2% in any year.

 

Despite the millions spent by billionaires to prove to New Yorkers that their local public schools are failing, the voters gave them a vote of confidence. 98% of districts passed their school budget, some overriding the tax cap.

 

In addition, many new school board members were elected, including supporters of the opt-out movement and teachers.

 

The current estimate, reported in this story, is that the opt out numbers were as large this year as last year, that is, about 20% of all the state’s students in grades 3-8.

 

Opt out continues to be a powerful tide, and there is no indication that it is diminishing. As long as the high stakes testing continues, so will the opt out movement.

 

 

The New York State Commissioner of Education MaryEllen Elia and the President of the State University of New York Nancy Zimpher announced a plan to recruit more teachers. The teacher educators at SUNY immediately blasted the proposal.m as deeply flawed.

 

The elements of the plan are not especially original. Recruit more teachers of color. Internships in schools. Career ladder. Etc.

 

The problem with the plan is that it does not address the root causes of the teacher shortage. The root causes are state and federal policies that discourage and demoralize teachers.

 

Nothing was said about eliminating the edTPA or making it optional; the test has a disparate impact on teachers of color and is opposed by many who prepare teachers.

 

Nothing is said about the other tests for future teachers that have a disparate impact on teachers of color.

 

Nothing is said about the state’s teacher evaluation system, based on test scores, which is unreliable, unstable, and invalid. In the case of Sheri Lederman, decided recently, the judge tossed out her evaluation because of its inaccuracy. Many teachers are leaving the profession because of this system.

 

Nothing is said about the nonstop testing and test prep that demoralizes teachers and wastes instructional time.

 

Elia and Zimpher are trying to fix a major problem while ignoring the root causes. That won’t work.

 

The union that represents the faculty and staff of SUNY released the following statement:

 
“A report by SUNY’s TeachNY Advisory Council on teacher education is flawed, incomplete and fails to tap the experience of SUNY education professionals who teach and mentor future teachers across the state, according to United University Professions President Frederick E. Kowal, Ph.D.

 

“The report, heralded by SUNY as a “historic partnership” between SUNY and the State Education Department, glosses over glaring problems with the state’s teacher certification exams and their impact on teacher shortages and the lack of diversity in teacher ed programs. The study ignores recent changes implemented by the state Board of Regents and inappropriately cites reform groups such as the National Council on Teacher Quality as experts.

 

“Some of the report’s recommendations directly conflict with actual experiences of SUNY teacher educators. Also missing: mentions of outstanding practices and new teacher ed developments already underway in the field.

 

“TeachNY is a smoke screen that bolsters the failed policy of former Commissioner John King, which SUNY Chancellor Nancy Zimpher appears to endorse,” said Kowal. “It is insulting to SUNY’s teacher education faculty and staff, and seriously out of touch with the widespread rejection of the top-down reform agenda that has undermined the work of educators and their students.

 

“This report is pretentious and overreaches in an attempt to design standards for a profession that is highly regulated,” Kowal continued. “This report is one more misguided critique that is disconnected from reality.”
“Kowal said that UUP and NYSUT attempted to work with SUNY on the report, but pulled away when teacher education professionals were given no real voice in vetting the council’s recommendations. The report’s findings lack a “full range of input” from council meetings, he said.

 

“In March 29 and May 6 letters to Chancellor Zimpher, Kowal and NYSUT President Karen E. Magee requested that UUP and NYSUT be removed from the report.
“We cannot and will not endorse a report that is so flawed and one-sided, yet purports to be a legitimate collaboration between SUNY leadership and teacher educators,” said Kowal. “As written, this study goes out of its way to avoid the professional expertise and actual experiences of teacher educators, while thwarting attempts by our members to address real issues that need fixing.”
“UUPs’ many concerns with the study include:
A failure to acknowledge recent Board of Regents actions to extend teacher certification exam safety nets for the third year in a row and the need to address problems that led to the extensions;
Problems with SUNY’s promotion of a 3.0 GPA admission requirement for undergraduate and graduate teacher ed programs, and failure to analyze the potential barrier this requirement creates for underrepresented and disadvantaged students who have the potential to develop and excel with appropriate mentoring and support;
A failure to discuss problems with the state’s flawed teacher certification process and how the process has impacted declining teacher ed program enrollments;
The lack of focus on diversity in the teaching force and the need to recruit underrepresented groups into the teaching profession;
Legitimizing reform groups such as the NCTQ by citing them as experts when they command little respect among education professionals;
Supporting Simulating Teaching as a way to expand clinical experiences for student teachers even though there is no research to back the program’s effectiveness, while neglecting to analyze current obstacles to expansion of actual clinical experiences;
Accepting the state’s flawed Annual Professional Performance Review system without regard to recent Board of Regents implementation changes; and
Advocating for expansion of private alternatives to public education, a complex subject that requires far more extensive analysis than the TeachNY study.

 
“Hopefully, the chancellor will see the error of her ways and we can work together to produce a viable, workable report that takes a 360-degree view of this important issue,” Kowal said.”

 

 

 

 

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

After loud and persistent complaints from parents and educators about the testing giant Pearson, the New York State Education Department announced that Pearson would be replaced by a new testing vendor, Questar. That was last year. The footnote was that Pearson would continue to be the testing contractor for 2016 and 2017. Then the state would switch to Questar for fully online assessments.

 

But lo! What’s this?

 

Questar just hired a Pearson testing expert–Katie McClarty– to be in charge of Questar assessments.

Katie may be a fine psychometrician, but what are the chances that the new assessments will be a change from the old assessments? Sounds like Pearson all over again.

Daniel Katz of Seton Hall University explores the meaning of Sheri Lederman’s victory in court over New York State’s teacher evaluation system, the one promoted by former Commissioner John King (now Secretary of Education). He shows the complicated statistical calculations that produce “VAM” ratings and growth scores. Bruce Lederman, the attorney representing his wife in the proceedings, called them “a statistical black box.” It is not clear that anyone understands these models or can claim that they accurately measure teacher quality. This case is probably the first in the nation where a teacher has successfully overturned her rating.

 

Katz writes:

 

Not only are these models difficult to impossible for teachers and most administrators to understand, they simply do not perform as advertised. Schochet and Chiang, in a 2010 report for Mathematica, found that in trying to classify teachers via growth models, error rates as high as 26% were possible when using three years of data, meaning one in four teachers could easily be misclassified in any given evaluation even if the evaluation used multiple years of data. Dr. Bruce Baker of Rutgers wanted to test the often floated talking point that some teachers are “irreplaceable” because they demonstrate a very high value added using student test scores. What he found, using New York City data, was an unstable mess where teachers were much more likely to ping around from the top 20% to below that and back up again over a five year stretch……

 

Equally important as the court’s recognition of arguments against value-added models in teacher evaluation, is the ground that was broken with the ruling. Ms. Lederman’s attorney (and husband), Bruce Lederman, sent out a message reported by New York City education activist Leonie Haimson which said, in part, ” …To my knowledge, this is the first time a judge has set aside an individual teacher’s VAM rating based upon a presentation like we made.” The significance of this cannot be overstated. For years now, teachers have been on the defensive and largely powerless, subjected to poorly thought out policies which, nevertheless, had force of policy and law on their side. Lederman v. King begins the process of flipping that script, giving New York teachers an effective argument to make on their behalf and challenging policy makers to find some means of defending their desire to use evaluation tools that are “capricious and arbitrary.” While this case will not overturn whatever system NYSED thinks up next, it should force Albany to think really long and hard about how many times they want to defend themselves in court from wave after wave of teachers challenging their test-based ratings.

 

 

Attorney Bruce Lederman represented his wife Sheri Lederman in a lawsuit challenging New York’s teacher rating systemSheri teaches elementary school on Long Island is considered an exemplary teacher by her principal, parents, and former students.

 

The Ledermans won. The decision is posted here, on the NYC Parents’ blog.

 

Bruce Lederman writes:

 

“I am very pleased to attach a 13 page decision by Judge Roger McDonough which concludes that Sheri has “met her high burden and established that Petitioner’s growth score and rating for the school year 2013-2014 are arbitrary and capricious.” The Court declined to make an overall ruling on the rating system in general because of new regulations in effect. However, decision makes (at page 11) important observations that VAM is biased against teachers at both ends of the spectrum, disproportionate effects of small class size, wholly unexplained swings in growths scores, strict use of curve. It is clear that the Judge has serious problems with the Value Added Model (“VAM”) system even though he did not set aside the entire system on account of changes in regulations.

 

“To my knowledge, this is the first decision to overturn a teacher’s rating system which was based upon the system championed by John King, Jr., when he was chancellor of the New York Board of Regents. Mr. King is now Secretary of Education for the United States, and never wavered from his support of VAM as Chancellor. Indeed the Department of Education never backed down from fighting Sheri’s score, even when confronted with overwhelming evidence of its irrationality.

 

“The decision should qualify as persuasive authority for other teachers challenging growth scores throughout the County. Court carefully recites all our expert affidavits, and discusses at some length affidavits from Professors Darling-Hammond, Pallas, Amrein-Beardsley, Sean Corcoran and Jesse Rothstein as well as Drs. Burris and Lindell . It is clear that the evidence all of these amazing experts presented was a key factor in winning this case since the Judge repeatedly said both in Court and in the decision that we have a “high burden” to meet in this case. The Court wrote that the court “does not lightly enter into a critical analysis of this matter … [and] is constrained on this record, to conclude that petitioner has met her high burden.”

 

“I want to particularly thank the experts who contributed their time and expertise.

 

Bruce H. Lederman, Esq.
D’Agostino, Levine, Landesman & Lederman, LLP
345 Seventh Avenue, 23rd Floor
New York, New York 10001

 

Direct Tel: (212) 564-1430

Office Tel: (212) 564-9800, ext. 419
Office Fax: (212) 564-9802; Direct Fax: (646) 224-7246

 

 

blederman@dagll.com
http://www.dagll.com

 

 

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Do not underestimate the effectiveness of the Opt Out movement in New York.

 

Governor Cuomo, who made education policy his big issue last year, has gone off on other issues.

 

The Board of Regents is now led by an experienced educator who has the support of the Opt Out parents.

 

And Dr. Betty Rosa has not disappointed.

 

At a recent forum, she said that standardized testing was “abusive” for some students with disabilities and English language learners.

 

This is a new tone coming from New York State’s highest education official.

 

It conflicts rather sharply with the pro-testing, pro-Common Core, anti-opt out policies of the state commissioner MaryEllen Elia. This should be interesting.

 

 

 

Let’s start from the assumption that school board members should be expected to act with dignity when they engage with students. That was not the case recently in Douglas County, Colorado, and in Buffalo, New York.

 

In Dougco, as it is known, two school board members have been accused of trying to intimidate a student who wanted to start a protest about high teacher turnover. Parents and educators have started a petition calling for the resignation of Dougco school board President Meghann Silverthorn and VP Judith Reynolds. The board meets again May 10.

 

According to the petition, these school board members bullied a student named Grace Davis:

 

“During the Douglas County School Board meeting on April 19, 2016, Grace Davis, a student at Ponderosa High School, gave public comment about a meeting between her, Director Silverthorn, and Director Reynolds regarding a student protest organized by Grace.

 

“This meeting took place without the knowledge or consent of Grace’s parents. When there is a meeting between a minor and school administration, parental consent is a requirement. Grace describes how she felt small, intimidated and uncomfortable during this meeting. She goes on to describe her family’s attempts to resolve this issue with Silverthorn and Reynolds, with no results. To hear Grace’s public comments, click here.

 

“The audio of the meeting between Grace and Directors Silverthorn and Reynolds was also released on April 19. It is clear that during this meeting, Directors Reynolds and Silverthorn used their position to intimidate and bully Grace to deter her from proceeding with the planned protest.

 

Among the statements made by the directors:

 
·”*** Grace did not fully understand her First Amendment rights and this protest was not necessarily protected speech.
·” *** People with other motivations could hijack the protest.
· “*** Police officers could be hurt and Grace and her family would be financially responsible.

 
“Additionally, Director Silverthorn outright lied, claiming a police officer had been injured during a Denver student protest by “an angry motorist.” In reality, the officer was struck by a driver who had a seizure at a Black Lives Matter protest. For the full audio of the meeting, click here.”

 

In Buffalo, one of the wealthiest real estate developers in New York State, Carl Paladino, ran for re-election and was nearly upset by a high school senior, Austin Harig. (When Paladino ran against Cuomo, he became noted for his outrageous statements.) Paladino won his school board seatby only 100 votes out of 3,000 cast. He lashed out at the student, saying that Harig had been suspended from school for tardiness. How did Paladino gain access to Harig’s record. Harig threatened to sue, but the multimillionaire school board member laughed.

 

 

The new chancellor of the New York State Board of Regents visited a dual-language elementary school on Long Island, accompanied by the Superintendent, Michael Hynes (a member of the honor roll of this blog) and by Jeanette Deutermann, parent leader of the Long Island Opt-Out movement. Dr. Rosa spoke to the children in both English and Spanish.

 

 




The newly elected chancellor of the state Board of Regents visited a Medford Elementary School dual-language classroom Tuesday afternoon as part of her first statewide listening tour since she assumed the post in March.

 

“I am going around the state and seeing these wonderful opportunities,” said Betty Rosa, a former Bronx special education teacher, principal and superintendent. “My goal is to make sure our children have the resources and opportunities and access to a quality education.”

 

Rosa, joined by Patchogue-Medford Superintendent Michael J. Hynes, spoke in Spanish and English to students in the classroom at Medford Elementary in Patchogue. The district is in its eighth year offering a dual-language program, with 375 students now enrolled.

 

Hynes, a vocal critic of high-stakes testing, praised Rosa’s vision — seeing what’s working in public schools and trying to replicate it statewide.

 

“Everything she focuses on is what’s best for kids,” he said.
Rosa’s selection as chancellor marked a dramatic shift in tone for the Regents board, where a majority of board members in the past had supported higher academic standards and other reforms, first enthusiastically and then with growing reluctance.

 

She was named chancellor shortly before state assessments were administered last month. A Newsday survey found that more than half of Long Island students boycotted the English Language Arts and math exams in April.

 

It was the second sweeping boycott in New York, driven by parents’ and educators’ rebellion against the exams, the tests’ links to teacher and principal performance evaluations and other state education reforms.

 

Rosa was joined on Tuesday’s tour by Jeanette Deutermann, a North Bellmore parent and founder of Long Island Opt Out.

 

“It is so hopeful for parents who have been fighting and fighting to have somebody at the top who understands what we are fighting for and believes in the same philosophy,” Deutermann said.

 

Rosa called Tuesday for less emphasis on state tests and said she believes teacher evaluations should not be tied to scores on those exams.

 

“We have to get back to what really matters — which is teaching and learning, and . . . our kids’ excitement to become learners,” Rosa said.

 

And she means it.

In Buffalo, New York, the election for the school board was nearly a clean sweep for opponents of corporate reform. Of six seats, only one was retained by the old pro-testing, pro-charter crowd. The one survivor was erratic and controversial multimillionaire real estate developer Carl Paladino, who won by only 107 votes of 3,000 cast running against a teenage challenger.

 

The Buffalo Federation of Teachers supported the five victorious candidates.

 

Paladino invests in charter schools. No conflict of interest there.