Archives for category: Opt Out

Citizens for Public Schools issued a statement today calling on the state to stop lying about parents’ right to opt out of state testing:

 

For immediate release, April 3, 2019

Contact: Lisa Guisbond, Executive Director 617-959-2371 (cell)

Citizens for Public Schools Calls on MA DESE to Remove Misleading Information on MCAS Participation Immediately

With MCAS testing season upon us, Citizens for Public Schools calls on the Massachusetts Department of Elementary and Secondary Education (DESE) to immediately delete misinformation on its web site and provide clear, consistent and accurate information to parents who choose to refuse testing for their children and to school officials charged with administering the test.

Specifically, we demand that DESE remove language falsely implying that it is illegal for students and/or their parents to refuse to participate in MCAS testing. On a page titled Participation Requirements for Students in Grades 3-8 and 10, it says: “The 1993 Massachusetts Education Reform Law, state law M. G. L. Chapter 69, section 1I, mandates that all students in the tested grades who are educated with Massachusetts public funds participate in MCAS.”

This is not accurate.

The law requires the state to administer the test. There is no mention of students being mandated to take it. Former Commissioner Mitchell Chester often said there is no provision for opting out in Massachusetts law. But when asked by WBUR whether it was illegal to opt out, Chester answered, “I haven’t used the word ‘illegal.’ There is no provision to opt out. Parents have in the past had their students refuse to take the test… That’s always been part of the landscape.” 

 But the new language on the state website–saying students are “mandated” to take the test, does suggest that refusal is illegal.

For more than 25 years, since the introduction of the high-stakes use of MCAS testing, thousands of parents in Massachusetts (and millions across the country) have chosen to opt out or refuse testing for their children.

 Parents opt their children out of the test for varied reasons. Some do it to protest the harm to children’s education inflicted by the state’s laser focus on test scores. Others do it because, for their children, because of disabilities or for other reasons, taking the test is a trauma. It is cruel and unfair to tell parents that their effort to protect their children from harm violates a legal “mandate” when no such law exists.

In the past, DESE guidance for MCAS administration has promoted participation in state testing, but has also explicitly advised school officials to respect the wishes of parents who refuse. For example, a 2017 memo from former Acting Education Commissioner Jeff Wulfson says, “Students should not be forced to take the test against their will.” A 2016 memo said, “We ask principals and test proctors to handle refusals with sensitivity. Students should not be pressured to take the test, nor should they be punished for not taking the test.” (See http://bit.ly/refusethetest.)

There have been no state or federal laws passed since DESE provided that guidance (and Commissioner Chester made his statement) that make it illegal to refuse MCAS testing.

Therefore, we demand that the record be corrected and accurate information be disseminated ASAP so that no student or parent is pressured or threatened for exercising their right to refuse testing.   

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CPS’s mission is to promote, preserve and protect public schools and public education. CPS opposes any political or social initiative that seeks to infringe on or endanger such a vital resource as our public schools. For more information on the CPS mission and goals, see www.citizensforpublicschools.org.

The New York State Allies for Public Education issued this statement in opposition to State Commissioner MaryEllen Elia’s efforts to “bribe, coerce, manipulate, and threaten students and parents into complying with a broken assessment system.” NYSAPE has led the opt out movement for several years. About 20 percent of eligible students in grades 3-8 do not take the state tests. About half the students on Long Island boycotted the tests. In some schools on Long Island and upstate New York, more than 75% of students refused to take the tests. Commissioner Elia doesn’t listen to parents. She doubles down and tries to force them to take the tests, which provide no information about individual performance to teachers. The tests are meaningless other than as punishments for students, schools and teachers, and they require far more time than taking an SAT for college admission.

 

 

FOR IMMEDIATE RELEASE: April 1, 2019

More information contact
Jeanette Deutermann (516) 902-9228; nys.allies@gmail.com

Kemala Karmen (917) 807-9969; nys.allies@gmail.com
NYS Allies for Public Education – NYSAPE

 

Link to Press Release

 

NYS Education Commissioner Mary Ellen Elia Creates a Culture of Fear, Intimidation, and Misinformation in our Schools

 

The Every Student Succeeds Act (the federal law known as ESSA) gives states authority to design their own unique accountability plan regarding the state tests. Unfortunately, Commissioner Elia has used that authority to misinterpret ESSA, and has used ESSA as an opportunity to impose a culture of fear on our administrators and teachers, and our children.  Under Commissioner Elia’s direction, the State Education Department (SED) at best turns a blind eye to, and at worst encourages, school districts to bribe, coerce, manipulate, and threaten students and parents into complying with a broken assessment system.

As we head into the first round of 2019 grades 3-8 state testing, NYSAPE is receiving an unprecedented number of reports from parents statewide about morally objectionable, educationally unsound, and in some cases, illegal policies and tactics that local schools and districts are using in attempts to suppress test refusal. Parents are reporting bribery with prizes, parties, and exemptions from district course finals. Students are threatened with removal from or ineligibility for honors programs, retention, and summer school; schools are threatened with closure.

Misinformation and scare tactics are coming from school districts, administrators, and even SED itself (see NYSUT’s rebuttal to the Commissioner), and range from claims that refusal students will be scored a ‘1’ and that the tests were created by teachers to statements that the assessments are “vital” and more. The New York City Department of Education even sent out letters–which they later had to retract–informing parents they could transfer out of their schools. Whether the city acted on its own or at the behest of SED is unknown, but SED’s endorsement of “public school choice” for the NY ESSA plan, along with its reductive test-based criteria for identifying these schools as in need of “Comprehensive Support and Improvement” (CSI) certainly paved the way for this debacle. The panic and humiliation caused by identifying schools as CSI was not limited to the city, but was felt in districts all over the state.

Most concerning is the resurgence of purely punitive policies like “sit and stare” (a cruel practice where test refusers as young as 8 must sit in the room with the testers with not so much as a book or a pencil to divert themselves with) and forcing elementary refusers to do old state assessments throughout the testing administration hours. Outraged parents have questioned these abusive actions, and the response many have received from their districts is that these tactics were suggested and encouraged, incredibly, by Commissioner Elia of the New York State Education Department.

A letter from the principal of the Oswego Middle School to her students perfectly illustrates that the NYS grades 3-8 testing system has gone completely off the rails. The sole purpose of the letter was to convince children “why you should say yes to the test.” Given out during the school day, for students to sign while still in school, the letter indicated they should “feel free to share with your parents.” It invoked a warped child psychology, attempting to manipulate students with phrases such as, “you love OMS, and we LOVE YOU! So, you WANT TO HELP!”  “If you take the NYS ELA Assessment…you can be exempt from the English Final Exam in June!,” and “Daily Drawings for FABULOUS prizes for all ‘YES’ slips.”  And, finally, as a way to single out any child whose parents had decided they wouldn’t be participating, “…a school-wide event if we can hit 100%! Something like a Spring Pep Rally….your favorite teachers will do something FUNNY ‘like’ KISS A PIG.”

Any policy that singles out, discriminates against, rewards, or punishes school children for the decisions of their parents is cause for deep concern. It’s appalling and disconcerting that Commissioner Elia/SED is encouraging these unacceptable policies. SED must immediately admonish these policies, and address the many flaws, complaints, educational issues, and legal questions raised by this deeply flawed testing program—for years the most highly boycotted state testing system in the nation.

NYSAPE calls on the NYS Legislature to pass legislation, before session ends, that reinforces a parent’s right to opt out, protects students from punishment, requires districts to notify parents at the beginning of the school year about those rights, and forbids SED and school administrators to bribe, punish, lie, and manipulate as a way to increase test participation. Neither students, administrators, schools, nor districts should suffer retaliation or negative consequences as the result of parents exercising their right to refuse the state tests.

NYSAPE and parents statewide will continue to monitor the policies and tactics encouraged by SED and implemented by school districts who have chosen to comply with misguided directives rather than advocate for the students in their care. We believe the time has come for the Board of Regents to bring in a Commissioner who values a whole-child education, respects parental rights, and places our children’s best interests at the forefront.

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NYSUT, The New York State United Teachers, issued a blistering fact check of State Commissioner MaryEllen Elia’s claims about the state tests. 

You have to open it to get the full flavor because NYSUT, not normally outspoken, shreds Elia’s claims.

Elia writes in Orwellian Newspeak about value of the tests.

NYSUT response: Because of the lack of movement by SED on NYSUT’s suggested changes to the testing system, the current tests do not provide any useful information to parents or teachers or any real information on how a district is performing. The results do not accurately predict future student success. In fact, the tests mislabel more than half of the test takers as failing, while more than 80 percent of students go on to graduate from high school. The results of the current tests are not only useless, but also damaging to students.

There are several such exchanges.

Bear in mind that no one but the testing company is allowed to know student responses to questions. So teachers learn NOTHING about the strengths or weaknesses of their students. Teachers, students, and parents get a score but nothing of any diagnostic value.

All students in grades 3-8 should OPT OUT of these pointless tests.

 

Fred Smith is a testing expert in New York who worked for the NYC Board of Education for many years. He advises the opt out movement.

He writes:

“For five years, 2012 – 2016, Pearson Inc. had a free ride that cost taxpayers $38 million for tests aligned with the Common Core blah blah. Pearson was shielded in completing its run by the State Education Department, which allowed the company to operate without having to provide information about how its exams were functioning. There would be no timely or complete disclosure of data about test materials, such as item statistics, thwarting the opportunity for independent review of their quality; a gag order that prevented teachers from discussing flaws in the exams; top-down engenderment of fear and confusion among parents abetted by compliant superintendents and too many jittery administrators, denying parents information about their right to opt out, effectively keeping most parents marching along blindly to the annual testing beat; and all the while Pearson and NYSED flouting professional standards for educational testing, while most of the academic world watched silently.

“But by 2014 and 2015 a growing opt out movement arose on Long Island and upstate outside of New York City—brilliantly spearheaded by a few indignant parents activists who summoned the courage to say “NO” and drew on a well of leadership skills and organizing ability–the extent to which, perhaps, they did not know they possessed. And 20% of the children targeted for the tests sat them out. Evidence finally obtained from the state and the city revealed that the opposition the exams was fully justified. I urge readers of this influential tide-turning blog to Google a series of reports (“Tests Are Turning Our Kids Into Zeroes”) posted by the Benjamin Center for Public Policy Initiatives at SUNY, New Paltz.

“So where does that leave us? I would hope that parents and other interested parties draw upon our experience with Pearson. A two-stage plan of action is needed as Questar (Pearson’s successor) is about to enter the third year of its five-year, $44 million agreement with SED this April. Before this occurs, a reasonable demand by parents and advocates would be for immediate information about how Questar’s exams worked in 2017 and 2018. To date, such information has not been forthcoming. Lack of transparency and lack of accountability must no longer be accepted as SOP. Stage 2 would follow: If, in two weeks, we don’t get information that we know is already in hand, that should help drive home the message that opting out in April is a rational alternative and a direct way for the voice of parents to be heard. I believe that pushing back against the tests could unify grass roots groups throughout the city on a number of issues that focus the well-being of all children.”

 

David Gamberg is a child-centered, progressive school superintendent on Long Island. He was superintendent in Southold on the North Fork of the Island and was so highly regarded that when a vacancy occurred in Greenport, the district next door, Gamberg was invited to become superintendent of both districts.

His districts have high opt out rates, not because he tells them to, but because he tells parents they have the right to opt out.

Now, because of the high opt out rate at Greenport High School, where 83% of the students did not take the test, the state has labeled GHS a failing school. 

This is the work of the State Education Department and State Commissioner MaryEllen Elia, who never met a test she didn’t love.

How can a school be punished because parents and students exercised their right to opt out?

Ask Commissioner Elia.

New York has a mad crush on test scores. It’s been this way for many years. But it has never been as crazy as now.

The state commissioner, MaryEllen Elia, hates opting out. She wants all students to have scores.

About 20% of theeligible students didn’t take the state tests and that made Elia very, very angry.

She decided to get even by punishing schools where students didn’t take the tests.

They disobeyed!

Here is a letter that a principal wrote to the parents of his school, trying to explain how their school, with scores higher than the city average, ranked in the bottom two 2% statewide!

The school had sinned! 80% of the students did not take the tests because their parents said no.

Commissioner Elia can’t figure out how to punish the students and the parents, so she is punishing their school!

Peter Goodman has been covering New York State and city education politics for many years.

In this post, he reports that Commissioner MaryEllen Elia is planning to punish schools that have high opt out numbers, treating them as”failing schools” even though they include some of the highest performing schools in the state.

Elia is out of control. She doesn’t know how to listen but she sure knows how to crack the whip.

On the teacher evaluation front,Goodman reports that the Legislature is prepared to turn the issue back to districts. It’s fair to say that the Legislature’s efforts to base teacher evaluation on test scores and computer algorithms has been a disaster.

Uncertain: even as teacher evaluation is returned to districts, Will it still be based on test scores, a measure proven to be flawed and inaccurate?

The desperation of the New York State Education Department to stop the Opt Out movement is boundless.

Newsday reports that the state may lower the rankings of schools with high numbers of opt out students, even though it knows that the schools are high performing schools.

There is nothing that State Commissioner MaryEllen Elia won’t do to force parents to sit their children down and make them take the state tests.

Shameless!

The state believes it must “deal with” these recalcitrant parents. It has never crossed Commissioner Elia’s mind that she should listen to the parents and find out why they won’t let their children take these pointless tests, that provide no diagnostic information to teachers or parents or students.

A statewide effort to deal with massive student test boycotts has sparked debate in the Island Park school district, where officials contend that one of their schools could face academic sanctions because of opt-outs there.

Island Park’s school superintendent, Rosmarie Bovino, recently posted a letter on the district’s website advising residents that Lincoln Orens Middle School was in danger of being placed on an upcoming state list of schools regarded as low academic performers.

Under a new state rating system that is based largely on test performance, such schools will be designated as requiring comprehensive support and improvement, or CSI. The state Education Department is expected to release names of the first group of schools as early as next week.

A note to the parents who opt out their children. Please remember that Commissioner Elia works for YOU. You do not work for her. Please remember that you pay her salary. She is not your boss. Please remember that the Pierce Decision of 1925 by the Supreme Court declared that your children belong to you, not the State, and the State has no power to standardize them.

Fred Smith is a genuine Testing Expert. He has the technical expertise to dig deep into the numbers and understand what they mean and what they don’t mean. He spent most of his career at the New York City Board of Education. Now he is a valued consultant to the Opt Out Movement in New York. He knows fraud in testing and he’s not afraid to call it out.

Fred Smith is a hero of American education, and he here joins the honor roll.

Read this article about him, which contains links to his latest work.

The test results are in from last March-April in New York. 85% of all 718 school districts in the state did not meet the federally mandated 95% participation rate in the state tests.

18% of the 950,000 eligible students did not take the tests at all. That’s 210,000 students who said no.

Newsday, the main newspaper on Long Island, reports:

Long Island is opt-out central for New York, laying claim to 19 of the 20 school systems statewide with the highest numbers of students boycotting standardized tests, a Newsday analysis shows.

Upstate, the movement has gained a foothold, too, but still isn’t as popular as it is in Nassau and Suffolk counties, the review found.

The biggest boycotts draw students mostly from middle class communities in Suffolk. Comsewogue and Rocky Point, for example, had opt-out rates higher than 80 percent. Commack, Eastport-South Manor and Middle Country had rates of more than 65 percent.

Of 100 districts statewide with the highest numbers of test refusals, 70 are on the Island. All have opt-out rates of 45 percent or higher, according to the analysis. Statewide, opt-out rates averaged 18 percent. The average for the Nassau-Suffolk region stood about 50 percent.

Newsday reviewed the test results in English Language Arts and mathematics, released in late September by the state Education Department. More than 950,000 students in grades three though eight took the exams, while more than 210,000 opted out. Of those who boycotted the tests, more than 90,000 live on the Island.

The opt-out movement, now in its sixth year, appears most successful in middle class communities, which political experts attribute largely to close contacts there between parents and teachers. Many live in the communities; they have children in school and they carry weight with parents when they express doubt about the benefit of state exams. And educators belong to strong unions, which have pushed hard to keep student scores from being tied to mandatory teacher evaluations, the experts said.

The state offered threats and bribes, but to no avail.

Opt out is alive and well on Long Island and parts of upstate New York, driven by parents, not teachers.

Every year the eighth grade ages out. Every year, a new group of third graders is eligible. The fact that the movement has persisted and drawn roughly one-Fifth is a testament to parent power.

Why do parents opt out? They understand that the tests are not diagnostic and serve no purpose other than to compare their children to other children, a function of no value to the children.

Hats off to NYSAPE, New York State Allies for Public Education, which has led the opt out movement.