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Senate Vote on Parents’ Right to Opt Out of Testing

By dianeravitch
July 15, 2015 //
62

Here is the roll call on the amendment offered by Senator Mike Lee to grant parents the right to opt put without penalty to their school, district or state.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=114&session=1&vote=00235

S.Amdt. 2162 to S.Amdt. 2089 to S. 1177 (Every Child Achieves Act of 2015)
Statement of Purpose: To amend the Elementary and Secondary Education Act of 1965 relating to parental notification and opt-out of assessments.

Grouped By Vote Position

YEAs —32

Ayotte (R-NH)
Barrasso (R-WY)
Blunt (R-MO)
Boozman (R-AR)
Cassidy (R-LA)
Coats (R-IN)
Cotton (R-AR)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Enzi (R-WY)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Heller (R-NV)
Hoeven (R-ND)
Inhofe (R-OK)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
McCain (R-AZ)
Moran (R-KS)
Paul (R-KY)
Perdue (R-GA)
Risch (R-ID)
Sasse (R-NE)
Scott (R-SC)
Sessions (R-AL)
Shelby (R-AL)
Toomey (R-PA)
Vitter (R-LA)
Wicker (R-MS)

NAYs —64

Alexander (R-TN)
Baldwin (D-WI)
Bennet (D-CO)
Blumenthal (D-CT)
Booker (D-NJ)
Boxer (D-CA)
Brown (D-OH)
Burr (R-NC)
Cantwell (D-WA)
Capito (R-WV)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Cochran (R-MS)
Collins (R-ME)
Coons (D-DE)
Corker (R-TN)
Cornyn (R-TX)
Donnelly (D-IN)
Durbin (D-IL)
Feinstein (D-CA)
Flake (R-AZ)
Franken (D-MN)
Gardner (R-CO)
Gillibrand (D-NY)
Hatch (R-UT)
Heinrich (D-NM)
Heitkamp (D-ND)
Hirono (D-HI)
Isakson (R-GA)
Kaine (D-VA)
King (I-ME)
Kirk (R-IL)
Klobuchar (D-MN)
Leahy (D-VT)
Manchin (D-WV)
Markey (D-MA)
McCaskill (D-MO)
McConnell (R-KY)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murkowski (R-AK)
Murphy (D-CT)
Murray (D-WA)
Peters (D-MI)
Portman (R-OH)
Reed (D-RI)
Reid (D-NV)
Roberts (R-KS)
Rounds (R-SD)
Sanders (I-VT)
Schatz (D-HI)
Schumer (D-NY)
Shaheen (D-NH)
Stabenow (D-MI)
Tester (D-MT)
Thune (R-SD)
Tillis (R-NC)
Udall (D-NM)
Warner (D-VA)
Warren (D-MA)
Whitehouse (D-RI)
Wyden (D-OR)
Not Voting – 4
Graham (R-SC)
Nelson (D-FL)
Rubio (R-FL)
Sullivan (R-AK)

Categories Elementary and Secondary Education Act (ESEA), Opt Out, Parents, Standardized Testing

Oklahoma Endorses Statewide Test Boycott of Non-Federal Tests

By dianeravitch
July 15, 2015 //
26

The Oklahoma Parent Teacher Association voted to urge parents to boycott all state tests that are not federally mandated.

 

Historian and teacher John Thompson writes:

 

Nate Robson reports in Oklahoma Watch that the Oklahoma Parent Teachers Association (PTA) has voted to boycott all non-federally mandated tests “in an attempt to pressure lawmakers to cut back the number of high-stakes tests students take.” The PTA also asked that the state Department of Education not use the test scores to calculate school A-F grades, and called for the exemption of all schools from A-F grading if less than 95 percent of their students are tested.

 

As the Tulsa World’s Andrea Eger reports, the Oklahoma PTA acted in “direct response” to its members’ concerns about the Legislature’s failure to reduce standardized testing. PTA President Jeff Corbett said, “Parents have had enough. Parents want more for their children than for them to be great test takers. The fact of the matter is this: Our children deserve better.”

 

Corbett further explained, “In Oklahoma, we know what it is to respond to disaster — and it is time that we responded to the disaster that high-stakes tests have made of our public education system.”

 

A grassroots Opt Out movement and a bipartisan resistance to bubble-in accountability have demanded a state government response to the testing mania. Parents, students, and teachers rallied at the state Capitol but the legislature did not listen. So, Corbett promised, “Together, we will take our classrooms out of the wallets of the testing companies and turn them back over to our teachers.”

 

I was in Oklahoma last month to speak to superintendents from across the state, and I got the distinct impression that they too are fed up with the deluge of tests. Many principals were at their meeting and were shaking their heads in assent at every negative reference to tests. They know that the current regime of test-and-punish is wrong. It is bad for kids and bad for education.

 

This is a huge step forward for the Opt Out movement. This movement is growing and can’t be stopped.

 

 

Robson’s story say:

 

Education Superintendent Joy Hofmeister on Wednesday said lawmakers could have avoided the PTA resolution by supporting legislation cutting the number of tests.

It’s not clear whether she supports the resolution.

The Oklahoma Education Association, the state’s largest teachers union, said they want to see testing reduced, but would not say whether they supported the resolution.

The main concern is a testing boycott could hurt schools and teachers. That’s because blank tests count against teachers in evaluations and against schools on their A-F report cards.

The PTA resolution does ask that the state Department of Education not use the test scores to calculate school A-F grades.

Categories Oklahoma, Opt Out, Resistance, Standardized Testing

A Parent Explains to Superintendent Why She Supports Opt Out

By dianeravitch
July 12, 2015 //
35

This letter was forwarded to me by Long Island Opt Out. It is a model for other parents who object to high-stakes testing.

Dear Dr. Lonergan,

I received your letter dated June 22, 2015 regarding the NYS Assessments that was sent home with my third grader and was disheartened by its message. So much so, that I felt obligated to write a response.

Going into this 2015-16 school year, I will have three children enrolled in the Longwood Central School District. One in fourth grade, one in second grade and one in the universal pre-kindergarten program. I have been extremely pleased with their performance thus far. All of the teachers and staff that we have interacted with have been welcoming, encouraging and helpful both to myself and my children.

It was upsetting to receive a letter such as yours at the end of the school year. A letter that was not commending the staff of your district on a job well done or wishing parents and children a happy and productive summer, nor was it to thank the community for consistently approving the school budget or to show excitement about the new programs and staff that are being added because of passing that budget. Instead, this letter was a threat to parents that if they continued the opt out process, they would be hurting the district that we had just shown our collective support.

Opting out of assessments has not proven to hurt any district and to state otherwise to parents is to promote threatening propaganda. Opting out has proven to be an effective boycott, which has forced our elected representatives to hear the message we are trying to send. If I allowed my children to be involved in something that I do not feel has a place in their lives, I would not be doing my job as a parent.

My children have accomplished great things while attending school in the Longwood Central District. To state that a flawed assessment process is a necessary tool to show that growth is an insult. I have the utmost confidence in the highly qualified staff of Longwood.

By opting my children out of the state assessments, I believe that I am showing Governor Cuomo that I not only feel these exams have no place in my child’s learning, but that I wholeheartedly support the teachers that work with my children everyday. By opting my children out, I am clearly stating that:

• I will not support exams that look to punish those teachers.

• I will not support exams that will make up 50% of a teacher’s yearly evaluation.

• I will not support exams that require my child to sit for three consecutive days reading texts that are designed to be more challenging than their readability level.

• I will not support exams that require my child to sit for three consecutive days involved in math skills that they have not had the time to master.

• I will continue to opt my children out of these assessments and encourage others to do so if they believe it is the right choice for their child, regardless of what type of letter they receive from district administration.

I believe that changes will come. I don’t believe that I have to be forced to subject my children to a faulty system in order to change the as you stated, the “next generation of assessment.” I believe that the people with experience and knowledge of the educational field can get together and make the changes needed without subjecting current students to something developed to rank and dismiss hard working educators.

I sincerely hope that the district’s message at the beginning of the 2015-16 school year is a more positive and encouraging one than the message that was put out at the close of this school year

Sincerely,

Susan Sclafani

Categories Administrators, superintendents, Opt Out, Parents, Resistance, Standardized Testing

Network for Public Education Offers “Qualified Endorsement” of Every Child Achieves Act

By dianeravitch
July 11, 2015 //
43

After much debate among the board members, the Network for Public Education decided to offer its qualified endorsement to the Every Child Achieves Act. We recognize that the bill has drawbacks. We oppose annual testing. And we oppose federal funding of privately managed charter schools. But in the end, we agreed that this bill would end some of the worst features of No Child Left Behind and the Race to the Top. As the bill moves through the Senate and the House, we will watch closely to see how it evolves.

 

NPE Statement on the Every Child Achieves Act

 

July 10, 2015 Charter Schools, Civil Rights, Every Child Achieves Act, NCLB, Race To the Top, Reauthorization of NCLB, Testing / Opting Out

 
There is much we applaud in the Every Child Achieves Act (ECAA). Although the bill is far from perfect, it is better than the status quo. ECAA represents a critical step forward, placing an absolute ban on the federal government intervening in how states evaluate schools and teachers. It bars the US Department of Education from either requiring or incentivizing states to adopt any particular set of standards, as Arne Duncan did through Race to the Top grants and NCLB waivers.

 

The Every Child Achieves Act would prohibit the federal government from requiring that teachers be judged by student test scores and would prevent the federal government from withholding funds from states that allow parents to opt out of testing, which Duncan most recently threatened to do to the state of Oregon.

 

And it would take the federal “high-stakes” from annual testing—the consequences of which have a disparate negative impact on students of color and those of highest need.

 

ECAA does not “lock in” the Common Core, but rather allows the states to set their own standards without having to meet a litmus test set by the federal government. States could thoughtfully design and revise standards and their teacher evaluation systems with stakeholders, without fear of losing a waiver that protects their schools from being labeled as failing.

 

Below is the relevant language that expressly prohibits the federal government from exerting influence on standards, curriculum and teacher evaluation, followed by the language that prohibits the federal government from interfering in parental decisions to opt out of state tests:

 

“(a) Prohibition Against Federal Mandates, Direction, Or Control.—Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s—

“(1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments;

“(2) teacher, principal, or other school leader evaluation system;

“(3) specific definition of teacher, principal, or other school leader effectiveness; or

“(4) teacher, principal, or other school leader professional standards, certification, or licensing

“(K) RULE OF CONSTRUCTION ON PARENT AND GUARDIAN RIGHTS.—Nothing in this part shall be construed as preempting a State or local law regarding the decision of a parent or guardian to not have the parent or guardian’s child participate in the statewide academic assessments under this paragraph.
Even as we support the above, we disapprove that the bill does not go far enough to meet the justified concerns of those who support our public schools. The federal government should cease providing financial support for privately managed charter schools that drain much needed resources from the public schools that enroll the vast majority of our students–caring for all and turning none away.

 

We are also dismayed that the bill maintains an annual testing mandate–which enriches testing companies while distracting us from the needed work to be done to improve our public schools.

 

We will continue to fight to restore ESEA to its original purpose of providing equity for the most disadvantaged children. We support the concerns raised by the coalition of Civil Rights groups who do not see testing as the answer to improving our schools. We will also continue to fight for charter school accountability and the elimination of annual tests. And we will carefully watch the bill as it progresses through Congress.

 

With all of its limitations, however, the end of NCLB, NCLB waivers and Race to the Top is a cause worth supporting. Therefore, NPE gives its qualified endorsement to ECAA.

 

Categories Elementary and Secondary Education Act (ESEA), NCLB (No Child Left Behind), Network for Public Education, Opt Out, Race to the Top, Standardized Testing

More than 50% of Washington State Juniors Opt Out

By dianeravitch
July 10, 2015 //
4

Washington State officials acknowledged that 53% of high school juniors opted out of the Smarter Balanced Assessment. Yesterday early estimates predicted the number was 27-28%. Obviously a gross underestimate.

Participation rates in 3-8 were high.

Categories Opt Out, Standardized Testing, Students, Washington State

Washington State: Nearly 30% of 11th Graders Opt Out

By dianeravitch
July 9, 2015 //
5

The revolt against high-stakes testing continues in a big way in Washington State.

Nearly 30% of 11th grade students refused to take the Smarter Balanced Assessment, the test of the Common Core standards paid for by federal funds.

“Over one quarter of eligible Washington state high school juniors opted out of taking the Smarter Balanced exams this past spring, according to preliminary statistics released by the state education department—but in reality, the opt-out rate could be much higher.

“Officially, 27.4 percent of eligible students were “confirmed refusals” for taking the Smarter Balanced English/language arts exam, and 28.1 percent of them were confirmed refusals for the math exam. However, the percentage of potential refusals for the state could actually be much higher—the department puts the share of “potential refusals” at anywhere between 28 percent and 53 percent for both the math and E/LA tests, which are aligned to the Common Core State Standards.

“That means more than half of juniors didn’t take the test. But the state isn’t yet sure whether some of them officially refused the test or didn’t take it for some other reason.”

Categories Common Core, Opt Out, Standardized Testing, Washington State

Delaware Passes Bill Allowing Parents to Opt Their Child Out of Common Core Tests

By dianeravitch
July 6, 2015 //
17

This just in:

 

The Delaware Legislature passed a strong Opt Out bill.

 

The legislation — House Bill 50 — was introduced in March by state Representative John Kowalko, a Democrat, and state Senator David Lawson, a Republican.

 

After months of wrangling over the language and the scope of the proposal — debates that local media reports often became “a shouting match,” with the public gallery at the legislature filled to the rafters — the final compromise version of the two bills was approved by the state House of Representatives on June 23 by a vote of 31-5 and then a few days later the state senate followed suit, voting 15-6 to send the bill to the desk of Democratic Governor Jack Markell.

 

It now goes to the governor, Democrat Jack Markell, who opposed it, based on concerns by business leaders and civil rights groups. The legislation has strong parental support.

 

In Delaware, a majority of parents seem to support the bill. In fact, the state Parent Teacher Association (PTA) openly called for its passage.

 

PTA President Terri Hodges told DelawareOnline, “Smarter Balanced in its current form does not provide a true picture of student learning. “The results of tests are not available until the end of the year. That provides very little value to me as a parent or for a teacher.”

 

Here is the legislative language:

 

HOUSE OF REPRESENTATIVES
148th GENERAL ASSEMBLY

HOUSE BILL NO. 50:

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ASSESSMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

 

Section 1. Amend § 151(k), Title 14 of the Delaware Code by making deletions as shown by strike through and insertions shown by underline as follows and redesignating accordingly:
(k)(1) Notwithstanding any other provision in this section to the contrary, any parent or guardian of a student in any public school or charter school shall have the right to opt out of the statewide assessment.
(2) The parent or guardian must notify the student’s school in writing at least 2 school days prior to the scheduled exam. Schools shall honor any timely request and provide alternative educational activities during testing times.
(3) There shall be no academic or disciplinary repercussions on the student’s record for opting out of participating in the statewide assessment.
(4) The Department shall maintain a data system to track the student’s opt-out decisions.
(5) The Department shall report opt-out numbers in accountability ratings to provide context and impact on school and district ratings; however, the opt-out numbers shall not factor into the accountability ratings.
(6) The districts and charter schools shall notify all parents and guardians of this right no later than 15 days prior to the start of the assessment via its website and mailing. The Department shall also post a notification on its website no later than 15 days prior to the start of the assessment.
(7) A student having reached the age of majority shall solely possess the opt-out rights under this subsection.​(l) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by the State Board of Education.

 

SYNOPSIS OF THIS LEGLISATION:

 

This bill creates the right for the parent or guardian of a child to opt out of the annual assessment, currently the Smarter Balanced Assessment System.

Categories Common Core, Delaware, Opt Out, Standardized Testing

Good News! Oregon Governor Signs Opt-Out Bill into Law

By dianeravitch
June 23, 2015 //
11

Despite pressure from the big spenders at Stand for Children and other titans of corporate reform, Oregon Governor Kate Brown signed the legislation allowing parents to opt out of state tests.

 

Federal officials had warned that the bill, which also reduces the consequences for schools where many students skip tests, could lead the federal government to withhold millions in federal education funding.

 

House Bill 2655, which was strongly backed by the Oregon Education Association, prioritizes the rights of parents to exempt their children from that one aspect of public schooling over the desire of school accountability proponents to get complete reading and math test results for all students each year.

 

But Brown said she wants Oregon educators to make the case to parents that taking part in state tests is valuable so that they will opt for their children to keep taking the exams.

 

The new law means that, beginning next spring, schools will have to notify every family at least 30 days before state testing begins about what the tests will cover, how long they will take and when results will be delivered. Those notices will also tell parents they can exempt their child from the tests for any reason.

 

Friends in Oregon: Forget the governor’s misgivings! Opt out is the best tool you have to protect your children from the current national mania for standardized testing. Opting out will curb the overuse and misuse of standardized testing. Former Texas state commissioner of education Robert Scott memorably said in 2012 that the educational industrial complex was out of control and that testing was “the heart of the vampire”

 

He also said:

 

The assessment and accountability regime has become not only a cottage industry but a military-industrial complex. And the reason that you’re seeing this move toward the “common core” is there’s a big business sentiment out there that if you’re going to spend $600-$700 billion a year in public education, why shouldn’t be one big Boeing, or Lockheed-Grumman contract where one company can get it all and provide all these services to schools across the country.

 

I mean, that’s really what you’re looking at. We’re operating like a business.

 

Categories Opt Out, Oregon, Parents, Stand for Children, Standardized Testing

Protest Against Pearson in Portland, Oregon, on Tuesday

By dianeravitch
June 21, 2015 //
12

The BATs of Oregon and Washington State are joining together to protest Pearson and high-stakes standardized testing on Tuesday. The timing is right since the Oregon Legislature just passed a bill allowing parents to opt their children out of state testing, and Governor Kate Brown is deciding whether to sign it (and the corporate privatizers are rallying to persuade her to veto). Help the parents and children by contacting Governor Brown; from her bio, she seems to be genuinely concerned about children and families. If she is, she will sign the legislation.

 

 

Join the Oregon and Washington State BATs Protest Pearson in Portland
#Tested2Death Rally June 23rd
Meet at Shemanski Park (Portland, Oregon) 10:30 a.m. then march to Hilton Executive Tower
Rally will be from 11 a.m.-1 p.m.

Categories Opt Out, Oregon

A Teacher Thanks the NY Opt Out Movement

By dianeravitch
June 21, 2015 //
5

This reader, named Megan, is a teacher. She does not teach in Néw York. She is grateful to the Néw York Opt Out movement, who keep alive her hope for a return to sane education policies:

 

 

 

“We just finished SBAC 2 weeks ago followed by MAPs the very next week. I am, I guess fortunate to work in a district where test scores are not yet tied to my evaluation but the legislature is working on this very thing at present.

 

 

“We were told this year that it would be a ” no fault” year due to the fact that our district could not correlate last year’s CBM to the new test. This after initially saying they had a “special formula ” to do just that.

 

 

“Then, in the first days of the test, the whole system shut down and the largest district in our state received permission to forego the test this year. So, the rest of us took the test over two weeks. I did some online test prep in January but refused to overwhelm my students with weeks of test prep. I taught all the subjects in the curriculum normally. I will not subject my students to the stress that assemblies, daily test prep., and rigmarole I have seen in other schools, it’s just not right.

 

 

“I’m pleased to see other states such as New York sounding the alarms to what these tests do to students, their parents and schools. I am hopeful that this current movement to opt out will spread across the rest of the country.”

Categories Opt Out, Parent Groups, Resistance, Standardized Testing
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