A Letter To The Editor: MSA & Common Core

Good Morning Joe, 

As you are well aware, I am a frequent contributor to your posts with regard to educational matters. I am quite dismayed by the recent rash of new liberties and abuses I have read about with regard to the Wicomico County Board of Education.  The financial particulars are just staggering and coupled with the current testing particulars, we are collectively doing nothing but raising children to be automatons. I can no longer do anything about the first item; however, I can be of service on the second.  You see, testing is somewhat of an unknown process to the public.  They trust the school system to educate their children.  When that trust is broken, as I believe it has been, then it is up to those of us with knowledge of the process to rectify the situation.  Specifically I am speaking about the Maryland State Assessments (MSA’s) and the State buy in to the Common Core Standards.  Bear with me, as I will attempt to be as succinct as possible, but this is lengthy. First, parents may exempt their children from taking the MSA exams.  This is a secret in educational circles, as it would most definitely bankrupt the testing companies and ruin quite a few self serving and corrupt careers in public education, including many right here in Wicomico County.  In short, a parent of a child in a testing grade provides a letter (attached - see below) and sends it to the school Principal. The Principal will review and copy this, placing said copy in the child’s file and forward it to his/her supervisor (either Kim Miles/Secondary or Susan Jones/Elementary) who will review it as well.  It will be passed up the chain of command to Assistant Superintendent Margo Handy, who will advise the Superintendent, the esteemed (sic) Dr. Freddy.  If there are only a very few letters, the Principals will be instructed to respond with a form letter generated by the testing office and from my experience, the matter will be quietly placed away on a back shelf to collect dust.  You see, this is the Wicomico Way – don’t draw attention to it, and it will most likely go away on its own.  However, if large numbers of letters begin pouring into school offices, a general panic will ensue – here’s why:  The State Superintendent EXPECTS that Dr. Freddy play nice and put all of the children in the box – the testing box that is. As the state transitions form MSA to Common Core (which the governor signed off on along with the state superintendent) there will be significant pressure to get his ducks in a row down here on the shore.  Now, in laymen’s terms, “significant” amounts to just enough refusals to test to completely INVALIDATE the tests (25% would certainly do it, but 50% or more would just blow the curve). This would most definitely require the Superintendent and the senior leadership to answer to this, most likely at a private meeting in Baltimore.  Believe me when I tell you that no county wants to be the first to receive this sort of black eye. Couple that with the upcoming Common Core tests that are expected to blindly be implemented, consider the following: 1.       The process by which the common core was developed and adopted was not a democratic one:

There were exactly 27 people in two work groups involved – their affiliations are: ACT (6), the College Board (6) Achieve Inc. (8), Student Achievement Partners (2), America’s Choice (2). Only three participants were outside of those five organizations. There was only one classroom teacher involved to review math standards.

 

There were also just over 10,000 comments submitted to the constructors of the Common Core, but only 24 of the responses were quoted, and we’re left to take these folks at their word that all of the rest of the comments were positive and supportive.

 

Now, here is the really scary truth – the Bill and Melinda Gates foundation is funding this – that is because it is illegal for the government to do so:

 

Public Law 103-33, General Education Provisions Act, sec 432, reads as follows:

 

No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, (or) administration…of any educational institution…or over the selection of library resources, textbooks, or other printed or published instructional materials…

 

Essentially, big government and private industry are driving this to make money – period

 

1.      The Common Core tests are developmentally INAPPROPRIATE – a joint statement was released by Early Childhood and Education Professionals – over 500 recognized experts in the field – their summary statement included these concerns:

a.        Such standards will lead to long hours of instruction in literacy and math

b.      They will lead to inappropriate standardized testing

c.       Didactic instruction and testing will crowd out other important areas of learning

d.      There is little evidence that such standards for young children lead to later success

Hmmmm….government sanctioned and run, forced down the throats of states with the lure of money (and severe pressure and punishment if they are not compliant) big business footing the bill to avoid legal problems and over 500 experts stating publicly and quite loudly that that there is both no educational benefit and the practice of testing actually is very harmful to children.  Of course, the Wicomico County Board of Education is VERY supportive of this – they tout all of the great things the Common Core is supposed to do – level the playing field, close the achievement gap, etc. – all not true – the Common Core is very definitely slanted toward the middle/upper class white students – Special needs students, students with second language concerns and the impoverished will all NOTbenefit from this...despite what the President says it will do (or his Ed Mouthpiece, Arne Duncan)

So Joe, what are families to do?  It’s simple – I have provided a form letter from “United Opt Out” (unitedoptout.com) for parents to use as a template if they wish.  They send in the letters and essentially shut down the MSA in Wicomico County.  When the Common Core arrives, they continue to do the same, year after year.  The local big wigs at 101 Long Avenue will have a hissy/conniption fit trying to figure out a way to lie their way out of this and keep their jobs. 

Respectfully,

Paladin

(PARENT LETTER BELOW FROM UNITED OPT OUT)

Home Address

Date

School Administrator Name:

My Child, (XXX), is in (xx) grade at (School Name). I am writing to inform you that I refuse to have (XXX) take part in the MSA’s, DIBELS, PARCC, MAP or any other form of high stakes standardized testing during the 2014-2015 school year.  My son/daughter loves being at (School Name) because of the vibrant and supportive community created in the school, and the love and dedication shown by each of the faculty.  We support the school, and we appreciate being active members of this learning community.  I do not believe that the increasing pressure on children and teachers to participate in high stakes standardized testing either reflects or supports the school, its teachers, its students or its vision for public education.Ten years of research and analysis by academic experts working at universities from Penn State to Harvard conclusively prove that high stakes tests like the MSA testing harms children, undermines and restricts curricula, and punishes schools that serve the most vulnerable members of our society – children with special needs and children in poverty.Additionally, participating in these tests 1) negatively affects my child’s social-emotional well-being, 2) kills his/her curiosity and love for learning, 3) places developmentally inappropriate and undue and unhealthy stress on him/her 4)reduces his capacity for attaining new knowledge, 5) replaces his/her higher order thinking with a “drill and kill” curriculum, 6) diminishes opportunities for socialization, 7)shares large volumes of my child’s private information to data collection agencies, data which I choose not to share beyond his school, and 8) diverts funding that could go to fund programs in my child’s school to testing companies and publishing companies.

According to the U.S. Constitution, specifically the 14^th Amendment, parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially in the area of education. The Supreme Court has repeatedly held that parents possess the “fundamental right” to “direct the upbringing and education of their children.” Furthermore, the Court declared that “the child is not the mere creature of the State: those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional obligations.” (Pierce v. Society of Sisters, 269 U.S. 510, 534-35) The Supreme Court criticized a state legislature for trying to interfere “with the power of parents to control the education of their own. (Meyer v. Nebraska, 262 U.S. 390, 402.) In Meyer, the Supreme Court held that the right of parents to raise their children free from unreasonable state interferences is one of the unwritten “liberties”protected by the Due Process Clause of the Fourteenth Amendment. (262 U.S. 399). In recognition of both the right and responsibility of parents to control their children’s education, the Court has stated, “It is cardinal with us the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for the obligations the State can neither supply nor hinder.”(Prince v. Massachusetts, 321 U.S. 158)

I have the highest confidence in the (school name) teachers, and their professional abilities to determine (XXX’s) levels of proficiency in any content area using alternative forms of assessment. In lieu of the high stakes standardized tests I request that my child be given alternative forms of assessment to include, but not limited to, teacher – made assessments, projects, and portfolio, to be determined at the discretion of (XXX’s) teachers. During testing periods (XXX) will continue to attend school, as is his legal Constitutional right to do, and will participate in any activities or assignments deemed appropriate by his/her teacher and the school administrators.

We are looking forward to a positive and successful school year for him. (XXX) has a joy of learning and innate curiosity. I believe in preserving that joy and curiosity for him/her, and to support his love for his teachers and his interest in school by taking the action.

Sincerely,

Parent’s names

 

If you are told “there is no opt out clause” or receive any generalized formal response of any kind from MSDE/WCBOE stating they MUST administer the tests:

II. LETTER TWO in RESPONSE TO MSDE  - IDENTIFIES CLEARLY WHAT LEGAL ACTIONS I WILL TAKE IF MY CHILD IS EITHER PUNISHED OF DENIED ACCESS TO HIS SCHOOL OR MEANINGFUL ALTERNATIVE TO THE TESTS:

Dr. Johnson,(or whoever is there now – I have been out of circulation for a few years)

I received a letter (see attached) from my child’s school in response to my decision to refuse to allow my child to participate in either the XXX grade MSA or PARCC field testing.

Until MSDE can demonstrate precisely where it states in MSDE written policy that my child can be forced to complete these tests, I do not consider your letter to be legally binding in any way, nor am I compelled to comply with it.  While it may be MSDE policy that my child is required to be assessed, I demand that my child be assessed using alternative multiple measures including a portfolio evaluation or project-based assessment in lieu of MSA.

I am well aware that there are numerous cases of opting out/refusing the MSA and other tests over the past few years in Maryland.  There is existing precedent from numerous counties. I am aware of the statement by Board member Andrew Pruski, in 2011 who works as the Baltimore County school’s supervisor of assessment, who said “…it was up to parents whether their students participated in testing.”  (2011):

http://broadneck.patch.com/articles/parents-threaten -boycott-msa-testing-over-heterogeneous-grouping 

I am also well informed about the opt out movements in Seattle, Chicago, New York and other places, and my actions reflect solidarity with thousands of teacher and children who are part of the broader national movement to end abusive testing practices.

My refusal to participate in MSA is in part because I believe standardized high stakes testing take away time form the instructional experiences my child might otherwise receive.  I want more teaching and learning, and less testing! The state seems to believe that my child is obligated to participate in testing because the state of the policy makers demand it, when in fact the social contract of public schooling is grounded on the premise that the state and policy makers are obligated to the need of children.

Parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially in the area of education.  The Supreme Court has repeatedly held that parents possess the “fundamental right” to “direct the upbringing and education of their children.” Furthermore, the Court declared that “the child is not the mere creature of the State: those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional obligations.” (Pierce v. Society of Sisters, 269 U.S. 510, 534-35) The Supreme Court criticized a state legislature for trying to interfere “with the power of parents to control the education of their own. (Meyer v. Nebraska, 262 U.S. 390, 402.) In Meyer, the Supreme Court held that the right of parents to raise their children free from unreasonable state interferences is one of the unwritten “liberties” protected by the Due Process Clause of the Fourteenth Amendment. (262 U.S. 399). In recognition of both the right and responsibility of parents to control their children’s education, the Court has stated, “It is cardinal with us the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for the obligations the State can neither supply nor hinder.” (Prince v. Massachusetts, 321 U.S. 158)

Furthermore, it is my child’s right to remain in his PUBLIC school during the testing windows whether he is sitting quietly and reading a book IN the testing room or his right to engage in other meaningful activities outside of the testing room, as determined by his teachers; or as a last resort, to remove my child from the school during the testing windows.  However, it is my child’s right as a public school student to receive instruction daily, so I will file discrimination report with the district and consult an attorney.  I am a taxpayer, and you do not have the authority to bar my child from accessing the public good of which I contribute in the form of tax payment.

Should you prove to me in writing that this last alternative is legally required and sanctioned, then I respectfully request to both see that policy as stated in writing so that I may show it to my attorney, and I require written documentation that my child and his parents WILL NOT be punished for “delinquency” – and that we care exempt from the usual county attendance policies.

If my child is forced to sit in the testing room and stare at the wall for upwards of 70 minutes in total silence and stillness, without being allowed to leave the test room, nor move nor speak, while refusing to test, or is intimidated in any way, this will be seen as tantamount to corporal punishment.  This will bring a swift legal response form my attorney along with notification to Child Protective Services.

I have a tremendous respect for my child’s teachers and his school.  They do a tremendous job and I wish to continue to send my son to a school where he looks forward to participating every day.  Do not believe that a letter such as the one sent from XXX and delivered to my school administrators will force a riff between us.  I will continue to work with them to be accommodating and transparent in my communication with them, even during my refusal process.  My school’s teachers and administrators understand that this action is in no way a reflection of my feelings towards them, nor is it intended as an attack toward them or the great work they do every day.  My issue is with high stakes standardized testing and the harm it does to children and our public schools.

My refusal stands,

Respectfully,