Archives for category: Opt Out

Carol Burris recently retired as principal of South Side High School in Rockville Center on Long Island, Néw York. She is now executive director of the Network for Public Education. She read recently that MaryEllen Elia, the new Commissioner of Education in New York, said that she would be “shocked” if any educators encouraged parents to opt out of state testing, and she said such educators (if they existed) were “unethical.”

Burris wrote:

“Well, Ms. Elia, be shocked. I am turning myself in to your ethics squad. I absolutely encouraged the opt-out movement last year. In fact, I did so right here on the Answer Sheet. I don’t think I could have been clearer when I wrote this:

‘But there comes a time when rules must be broken — when adults, after exhausting all remedies, must be willing to break ranks and not comply. That time is now. The promise of a public school system, however imperfectly realized, is at risk of being destroyed. The future of our children is hanging from testing’s high stakes. The time to opt out is now.'”

Yes, indeed, Burris encouraged opting out, as did many other administrators, both superintendents and principals.

Burris believed it would have been unethical to stand by in silence.

She wrote:

“It would have been unethical to not speak out after watching New York’s achievement gaps grow, indicating that the tests and the standards on which they are based are not advancing the learning of the state’s most vulnerable kids.

“It would have been unethical to ignore watching the frustration of my teachers whose young children were coming home from school discouraged and sick from the stress of test prep designed to prepare them for impossible tests.

“It would have been unethical to not respond to the heartbreaking stories that I heard from friends who are elementary principals—stories of children crying, becoming sick to their stomach, and pulling out hair during the Pearson-created Common Core tests.

“And it would have been unethical to not push back against a system of teacher evaluation based on Grade 3-8 test scores that is not only demeaning and indefensible, but also incentivizes all the wrong values.

“So if there is a place called Regents Jail, I guess that is where I will have to go.”

Burris noted that Elia would have to lock up her boss, Regents’ Chancellor Merryl Tisch as well, since Tisch recently said that if she had a child with disabilities, she would “think twice” about allowing the child to take the state tests.

Who is “unethical”? The educator who complies with orders regardless of her personal and professionsl values or the educator who refuses to do what she knows is wrong?

Leonie Haimson and Jeanette Deutermann explain here why the opt out movement is right and necessary. If policymakers continue on their present path, they predict, the opt out movement will grow and spread to many other states who see the power of grassroots activism.

They do so in response to editorials in the New York Times and the Washington Post criticizing the parents who opt out of mandated testing.

The mainstream media echoes the Obama administration’s line that high-stakes testing will somehow promote equity and reduce the achievement gap, but as Haimson and Deutermann contend, thirteen years of No Child Left Behind demonstrate that this assertion is false.

Haimson and Deutermann write:

Why should parents put their children through this time-consuming, anxiety-producing and pointless exercise? When parents are repeatedly ignored by policymakers, opting out is their only option.

For months leading up to the assessments, and especially during the two weeks of testing, parents report their children show signs of anxiety, sleep problems, physical symptoms, school phobias and attention difficulties. This phenomenon has been growing among children as young as 8 years old. To add insult to injury, for the last three years the exams have become overly long and confusing, with incoherent questions like the pineapple passage on theeighth-grade exam in 2010, and the talking snake passage on thethird-grade test this year. Our youngest learners sit for up to 18 hours of state testing.

The most vulnerable children – students with disabilities and English language learners – are asked to endure exams that are so inappropriate even the state asked for waivers from the federal government, which were denied. Only 3.9 percent of English language learners and 5.7 percent of students with disabilities passed these exams. The bar should be set high for all children, but at an appropriate level for each child.

Parents have become increasingly frustrated at watching the alarming changes in their children and their education, along with the waste of precious tax dollars. More than 220,000 New York state parents chose to have their children refuse the state exams this year, in both high-performing suburban districts and struggling city schools, to express their anger. Many teachers joined parents in the fight to protect their students and the integrity of their profession. The question is, will the powers that be listen and make the necessary changes? If not, the number of opt-outs will continue to grow until parents’ voices are heard by policymakers, the tests are improved, the punitive, high-stakes exams removed, and real teaching and learning return to our classrooms.

The state of New York has a problem: according to its own data, 225,000 students did not take the mandated state tests. What should the state do? There’s been talk of financial penalties, but thats’s not likely. Now we know that federal officials told state officials there would be no financial punishment.

State officials say they will patiently explain to parents why the tests are necessary, as if the parents really don’t understand.

What the state and the Feds don’t understand is that the parents know exactly what they are doing and why. They know the state tests do NOT provide useful information to parents or teachers. They know the tests are too long (8 hours!) for children, with a passing mark intended to fail most children. They object to the time and high-stakes attacked to testing; they don’t want their teachers fired because of children’s test scores. Parents of children with disabilities are outraged that their children are subjected to tests that frustrate and fail them.

Here is the latest from politico.com:

“WHAT’S NEXT FOR NEW YORK OPT OUTS: New York state education officials said Thursday that they aren’t planning to withhold money from school districts with record high opt-out rates on standardized tests this spring. State Education Commissioner MaryEllen Elia will present a plan to the state board of regents next month that will detail how she will work with superintendents and principals to reverse the tide of test refusals, The New York Times reports [http://nyti.ms/1Jnk0UY ]. State Board of Regents Chancellor Merryl Tisch didn’t rule out withholding money from districts if the state finds that administrators were encouraging opt outs, however. Chalkbeat New York reports [http://bit.ly/1NIQzMH] that Elia said, “I am absolutely shocked if, and I don’t know that this happened, but if any educators supported and encouraged opt-outs. I think it’s unethical.”

“- New York has to adequately address the high opt-out rates. If, down the road, federal officials feel that the state hasn’t done that, then they could step in. Federal law requires a 95 percent participation rate on state tests, and New York saw the highest opt out rates this spring in the state’s history. “The [Education] Department has not had to withhold money – yet – over this requirement because states have either complied or have appropriately addressed the issue with schools or districts that assessed less than 95 percent of students,” the agency has said repeatedly.”

The New York Times published some smart responses to its uninformed editorial about opting out. The Times chastised the parents of 225,000 children who opted out of the state tests in New York. The letters try to explain why parents make that decision, which is not easy. Bob Shaeffer of FairTest explains that New York was not the only hotbed of opting out, that there were other states that have strong and growing opt out movements.

The Times thought the number of opt outs (they wrongly say 200,000, state data say 225,000) is “alarming.” Many parents and educators think it is thrilling, an affirmation of civic duty by civil disobedience.

No doubt, the Times would have a better grasp on this issue if there were one member of the editorial board who was a parent of children in public school. Just one.

Fred LeBrun of the Albany Times-Union is one of the most thoughtful commentators on education in Néw York state. He knows that Néw York’s test-and-punish regime is a disaster. Unlike the Néw York Times editorial board, he hails the opt out leaders as heroes.

Civil disobedience is justified when your elected representatives turn their backs on you and refuse to listen. Opt out is a beautiful and intelligent response to a ridiculous testing regime that undermines education and demoralizes educators.

Fred gets it. He writes:

“So much rests on such tiny shoulders.

“And make no mistake while you pack those lunches, it’s all about a political agenda being crudely and arrogantly imposed on education across the country. We know who the banner carrier has been here in New York.

“Of all that Gov. Andrew Cuomo will have to answer for after he finally vacates his current post for whatever cave will have him, near the top has to be the damage he’s done to public schooling in New York.

“With his trademark heavy hand, Cuomo has politicized public education down to every student, and for our times and state, singlehandedly taken the pleasure and satisfaction out of learning, and teaching. Not to mention he put new and needless pressures and anxieties on tens of thousands of young parents caught in the middle of these wars.

“All in the name of the most misused word in the dictionary: reform.

“Although we can indeed thank Cuomo for helping make New York No. 1 somewhere on the public education scoreboard.

“We lead the nation in opting out of high-stakes standardized tests, primarily because those privatized tests of questionable merit were rammed down our throats earlier here than in other states…

“So, look for another tempestuous spring on the Opt Out front, with numbers refusing the tests increasing.

“That’s despite empty threats the feds may withhold some Title 1 funding. Empty because the emerging bipartisan will of Congress for the coming reauthorization of Race to the Top is to detach fiscal consequences from opting out of standardized tests. A response to an emerging public will.

“Long term, things are looking up. The Cuomo fiasco will collapse. Commissioner Elia promises a committee including parents and teachers will look hard at New York’s Common Core plan with an eye toward changes. That’s a necessary step in the right direction.

“The Board of Regents is growing a brain on the subject as its membership changes, and the Legislature is likely to become emboldened to make right what they voted poorly on when Cuomo had them over a barrel.

“Much of this is driven by what Opt Out has accomplished. We owe them a great deal.”

In an editorial that is remarkably uninformed, the Washington Post defends the Common Core, insists that it was created by the states, and asserts that the federal government “merely encouraged” states to adopt them.

None of this is factually accurate. The Common Core standards were written by a small group of Washington insiders, with the largest contingent coming from the testing industry. There were few classroom teachers on the writing committee. Early childhood educators were not at the table, nor were those familiar with children with disabilities or English language learners. The standards were written behind closed doors; their development was underwritten by the Gates Foundation. The federal government paid $360 million for two testing consortia to create Common Core-aligned tests. Most states adopted the standards in 2009 because the U.S. Department of Education dangled nearly $5 billion in Race to the Top funding, and states had to adopt “college-and-career-ready standards” to be eligible for a piece of that huge pie. The standards were not actually finished until 2010, meaning that most states adopted them without having read or reviewed them. They are copyrighted and cannot be revised. It is a basic principle of standard-setting that stakeholders must be represented at the table, that no single interest should dominate their creation (e.g., the Gates Foundation), and there should be a process for revision to correct errors. None of these criteria was met.

The editorial says:

“The pressure [against Common Core] is built on bogus premises. Common Core is not a federal takeover of education. States developed the standards, accepted them voluntarily and implement them with local flexibility. The federal government merely encouraged states to adopt them, as it should have. The standards also aren’t some conspiracy to force children to learn about climate change and evolution; they cover basics in language arts and math. Even so, Republicans in various states are trying to repeal them, in some cases successfully, or to at least defund implementation.”

“Liberal opposition to Common Core, meanwhile, is proving at least as harmful. Teachers unions have resisted the accountability that consistent and meaningful testing might bring, and they have used their own form of Common Core sabotage: Along with misguided anti-test activists, they have encouraged parents to refuse to let their children take exams meant to assess how well students are meeting Common Core expectations. They have succeeded in undermining educational standards in New York: Parents pulled an astonishing 20 percent of students grades 3 through 8 out of the tests last school year, upsetting efforts to track student progress.”

So the Washington Post puts itself in the position of opposing those–like the American Statistical Association–who challenge the validity of test-based accountability for individual teachers. It criticizes parents who object to their children losing weeks of instruction to test prep. It criticizes the opt-out movement, which has mobilized parents to say “no” to the misuse and overuse of standardized testing. And it fails to explain how the parents who opt out upset efforts to track student progress. And not a word about the Common Core tests with their absurd passing marks (cut scores), designed to fail the majority of children.

I am shocked that the Washington Post could be so misinformed.

This is a terrific article about whether test scores lose their value for accountability when so many students opt out.

What’s terrific about it is the comments of opt out leader Jeanette Deutermann, who says the purpose of test refusal is to bring down the system, to make test-based accountability impossible. She is a parent and she knows how testing has undermined education.

Then there is Tom Kane, the Harvard economist, insisting that without the scores, poor kids and minorities will be neglected. Where is the evidence that 13 years of testing has closed gaps or helped the neediest children?

Kate Taylor reports in today’s New York Times that both the federal government and New York State are considering sanctions to stop the opt out movement.

The state education commissioner, MaryEllen Elia, appeared on Thursday to be trying to walk a fine line — not wanting to appear to condone opting out, while saying she hoped the federal government would not withhold funds.

“I do think it’s good for kids to take the assessments,” she said. “I don’t think that it necessarily is good for kids to have resources taken away that should be supporting them in their classrooms.”

Officials at the federal Education Department have awhile to decide what to do. The state will not officially report its test participation rate to the federal government until mid-December, and the number will not be considered final until sometime after that, the State Education Department said on Thursday.

On Wednesday, the federal Education Department’s spokeswoman, Dorie Nolt, said the agency was looking to the leadership of New York’s Education Department “to take the appropriate steps on behalf of all kids in the state.”

But parents expressed defiance, and some superintendents say they respect the rights of parents to keep their child out of the state testing.

The leaders of the opt-out movement said on Thursday they were not worried about consequences and any attempt to punish districts would backfire.

If state education officials “think parents are unhappy with them now, just wait until they take money away from school districts,” Loy Gross, co-founder of a test refusal group called United to Counter the Core, said.

Elaine Coleman, a parent in Yonkers who is active in opt-out and anti-Common Core groups, said she had already begun planning expanding the movement next year. “We’re hoping we’ll get double the number,” she said.

Many of the districts with high opt-out rates were in middle-class areas that receive little federal funding. But a few were so-called high-needs districts, with relatively high poverty rates.

One such district, the Chateaugay Central School District, near the Canadian border, had an 89 percent opt-out rate. Loretta Fowler, the superintendent, said that losing the district’s roughly $150,000 in Title I funding would force her to lay off three of the district’s 46 teachers. But she said she would still respect parents’ choice to keep their children from taking the tests.

“I would say that is their right as parents,” she said. “Leadership isn’t about telling people what to do.”

Dolgeville Central School District in Herkimer County, which also had an 89 percent opt out rate, received over $300,000 in Title I funds this year. The superintendent, Christine Reynolds, said losing those funds would force the district to cut extracurricular activities and arts programs.

She said she did not encourage parents to opt out, but she sympathized with their view that the tests were being used to punish schools and teachers.

“These are very highly educated parents that started the movement,” she said. “Their rationale is solid. I can’t really argue with them.”


The parents are acting in the spirit of civil disobedience, which has a long history in this country. Federal and state officials would do well to listen to the parents or the opt out movement is likely to grow in strength.

NYSAPE (Néw York State Allies for Public Education) represents 50 organizations of parents and educators. Today they released a statement on the state scores.

They previously thought that about 200,000 students had refused the tests, but the state acknowledged 225,000.

Without any change in state policies, NYSAPE warned that there would be more opt outs next spring. In some districts, opting out is the norm,not the exception.

Here is the press release. To open links, go to the original link:

FOR IMMEDIATE RELEASE: August 13, 2015

More information contact:

Jeanette Deutermann (516) 902-9228; nys.allies@gmail.com
Lisa Rudley (917) 414-9190; nys.allies@gmail.com
NYS Allies for Public Education (NYSAPE) – http://www.nysape.org

Opt Out to Sharply Rise as NYS Continues to Sacrifice Children With Flawed Tests & Policies

Yesterday, the New York State Education Department (NYSED) released the results of the 2015 3-8th grade English Language Arts (ELA) & Math exams. ELA scores were essentially flat, and the small increase in Math scores (less than 2 percentage points) was smaller than last year’s modest jump. There was also an increase in the percentage of Level 1 students in ELA, and an unchanged percentage of Level 1 students in Math, suggesting that the ratcheting up of high-stakes is leaving our most struggling students behind.
Test refusals, also known as opt outs, rose to a record number of 222,500, surpassing advocates’ estimates. More New York parents across the state are informed and have said no to the high-stakes testing regime that is disrupting quality education and harming their children. With no relief in sight, opt out figures are expected to grow significantly again this year until damaging education laws and policies are reversed.

Jeanette Deutermann, Nassau County public school parent and founder of Long Island Opt Out said, “How many more children will we sacrifice to a narrow education, excessive testing, and failure, before New York calls a timeout? How many veteran, master teachers will we watch flee the profession before we untie testing from evaluations? How many schools will close before New York State recognizes that public schools are the foundations of every community? Instead of dreaming up sanctions, SED should be working with educators and parents to change course and right this wrong.”

“Governor Cuomo, the Regents and SED have been quick to judge teachers through a sham accountability system that wrongfully reduces highly effective teachers to an ineffective rating and claims public schools are failing when, in fact, they are not. But they are slow to accept responsibility for the devastating consequences of these flawed testing and evaluation measures on our children, the teaching profession, and our public schools. Threats of sanctions will not deter opt outs. Parents are onto this sham and will continue to opt out children in order to protect them,” said Anna Shah, Dutchess County public school parent.

“Considering the amount of time, resources and money devoted to the state assessment system, the resulting data does little to help pinpoint specific student, educator or school strengths and weaknesses. The entire testing system is a boondoggle to taxpayers and continues to limit our children’s educational opportunities,” stated Chris Cerrone, Erie County public school parent, educator, and school board trustee.

Bianca Tanis, Ulster County public school parent said “Chancellor Merryl Tisch has publicly stated that she would think twice before allowing a child with special needs to sit through an ‘incomprehensible exam’ and has called state exams ‘cruel and unusual’. Yet neither the Board of Regents nor NYSED leadership has taken action to inform parents of their right to refuse harmful testing, let alone curb the eighteen hours of harmful state testing that disabled students as young as eight are compelled to engage in. Until the abuse stops, opt outs will continue.”

Marla Kilfoyle, Long Island public school parent, educator, and General Manager of the BATs stated, “As research shows, test scores will not close the achievement gap. We need to begin to invest in proven strategies that close the gap, or we will lose an entire generation of children.”

“The NY State tests are an illegitimate way to evaluate kids, schools and teachers – as shown by the recent NY Times article, in which questions on the 3rd grade exam stumped the author of the relevant passage. These tests are designed to make it look like the vast majority of our students and schools are failing, when they are not. Until the state provides less flawed exams – and a better teacher evaluation system not linked to them – parents will continue to opt out in growing numbers,” said Leonie Haimson, Executive Director of Class Size Matters.

“Pearson has been fired as the state’s test vendor, yet our children will be subjected to their tests for another school year. This is outrageous. If Governor Cuomo and members of the legislature who voted to increase the contribution of test scores to teacher evaluation think this is ok, they should prove it by taking the tests themselves. Let our public officials prove that they are smarter than a 5th grader,” said Nancy Cauthen, a NYC public school parent.

NYSAPE, a grassroots organization with over 50 parent and educator groups across that state, will be calling on parents to hand in test refusal letters on the first day of school in order to reclaim their children’s classrooms and to stop the destruction of our public schools. An updated 2016 test refusal letter is coming soon.

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– See more at: http://www.nysape.org/nysape-press-release-2015-scores.html#sthash.5T5uavBg.dpuf

For months, state officials downplayed the significance and number of opt outs from state tests last April. The Néw York Times waited a week before acknowledging that it happened.

But now we know that the opt out was historic. 220,000 students–20%–of eligible students refused the tests. The previous year only 60,000 opted out. The number almost quadrupled in only one year. And the momentum will continue to build as state officials refuse to make any changes and threaten sanctions.

Now some say the high proportion of opt outs make state scores and trends invalid.

“That’s a large number, said George Theoharis, a Syracuse University professor and chair of the Teaching and Leadership program at the college. He said caution should be used in using the scores as a measure of students’ performance and schools’ accountability.

“We have to be careful about what we take from these tests and about school accountability, which is built around everyone taking the tests,” he said.

“Last spring, numerous parent groups organized to encourage people to boycott the tests, saying they were poorly written, too difficult, and created anxiety among students. The teachers’ union also joined to encourage opting out.

“The success of these efforts to convince students not to take the exams varied wildly.

“Dolgeville, about 28 miles northeast of Utica, recorded the highest opt out rate in the state, 90 percent, according to a syracuse.com/The Post-Standard analysis of state opt out data released Wednesday. At the other end, about 15 districts spread around the state reported no students opted out.

“Scores of districts, however, had 50 percent or more of their students not take the exams, the analysis showed. Ninety-four districts out of 668 (14 percent) had half or more students opt out of the ELA; it rose to 121 districts (18 percent) skipping the math exam.”

Syracuse.com has test data for every school in the state.

“The region with the highest opt out numbers was Long Island (40 percent) followed by the Mohawk Valley (38 percent) and Western New York (33 percent).

“New York City recorded the lowest opt out number ( 1 percent), the state data showed.

“Central New York had 33 percent of its students opt out.

“In Central New York, the district with the higher percentage of opt-outs was New York Mills with 77 percent opting out of math and 74 percent opting out of the English exam.

“In Onondaga County, LaFayette had the highest percentage of students opting out: 55 percent opted out of the math exam.”

Does a time come when state officials are forced to listen to parents?

It is safe to predict that the staye’s refusal to listen to parents will produce more opt outs next spring.