Delaware PTA, House Bill 50, House Resolution 22, House Bill 243: What Happened Today

Chaos.  There is no other word for it.  The rally went great, we got a good turnout, and there was a lot of media there.  By the time Rep. Kowalko brought the suspension of rules motion to the floor, I had an ominous feeling.  Too many of the reps, who know who I am, were not looking at me.  The suspension of the rules was seconded, and a voice vote was called.  13 yes, 26 no, 1 no vote, and 1 absent.  I can say Rep. Bennett, who was absent, reached out to me a couple weeks ago giving her support for this.  Unfortunately she was not able to attend today.

State Rep. Byron Short gave a long talk about standardized testing and how he wants a valid look at what we are doing with state assessments.  He indicated this last Spring, but he felt he wasn’t heard.  Short was NOT talking about the assessment inventory currently going on, but the state assessment.

State Rep. Debbie Hudson indicated she had brought two bills to be filed regarding opt-out, but they were not filed before today’s session.  She indicated that they had “wasted their time” on House Bill 50.  Speaker of the House Pete Schwartzkopf indicated the bills would be filed today.  Rep. Kowalko indicated he wanted House Bill 50 put on the ready list.  This means it would come to a full House vote… if Schwartzkopf puts it on the agenda.  If anyone wants to know what this means, Kilroy got Hudson to introduce legislation in the 147th AND 148th General Assembly.  Both times it went out of the education committee, but Schwartzkopf NEVER put it out for a full House vote.

I made a point to thank as many of the legislators who voted yes on the suspension of rules that I could.  I went up to Rep. Hudson and told her flat-out, “I’ll be sure to tell my son who was physically assaulted nine times after I opted him out that you thought this was a worthless bill.”  She came up to me and Yvonne Johnson, Teri Hodges, and Ashley Sabo and indicated she wanted to show us the new bills.  As we ventured down into the Republican office, I had a bad feeling in my stomach again.  This feeling was soon realized when State Rep. Mike Ramone, with a huge smile, showed me House Resolution #22.

While this certainly looks good, as I wrote a couple weeks ago, a House Resolution in Delaware is not enforceable and it is only passed by one chamber.  So while it looks like the answer, I knew it was not.  Then I was given a copy of the as-yet unnumbered House Bill 243.

Again, it looks great and it stops the DOE from implementing opt-out penalties against schools on the Delaware School Success Framework, or the school report card.  Fantastic!  NOT!  Here is the fatal flaw.  The DOE already submitted their ESEA waiver at the end of November.  They will most likely get that back in the next few weeks.  That is then tied to Federal Law, ESEA, which does not expire until the end of this year.

So the unenforceable House Resolution and the bill that would get tied up in education committees and protects schools more than parents and students, is not a win at all.  I don’t view either of these as good solutions to House Bill 50.  But the very bizarre nature of today is yet to come.  While all this is going on, there was a corporate tax bill introduced by Valerie Longhurst the other day.  It gets fast-tracked out of the appropriations committee, but it still requires a suspension of rules to get to a vote today.  Now this is a bill, who many legislators told me, would NEVER be introduced by a Democrat.  Longhurst is a Democrat.  Longhurst is very loyal to the Governor, who suggested this last week.  So it is more than obvious this bill is coming from Governor Markell.

As the legislators were in caucus discussing all of this I’m sure, I sat with the PTA and legislators slowly drifted out.  The Republicans two bills were talked about, and originally Reps. Williams and Kowalko were willing to be co-sponsors on it.  However, two other legislators informed us the House Resolution does nothing, and the House Bill does nothing for parents.  It protects the schools.  As well, without support from the Senate, House Resolution #22 is just a piece of paper.  To get something with strong support from both sides that would not require the Governor’s signature and is enforceable would be a concurrent resolution.  Legislative Hall is a funny place.  If you are at the right place, at the right time, you can hear people talking.  There are enough columns and stairs and hallways on the first floor of that building.  I heard folks talking about HB50.  And HB235.  And how the Republicans will get that.  It is more than obvious there was a deal made.  Most likely from Governor Markell himself.

Back to legislative session.  Secretary Godowsky, Susan Haberstroh (from the DOE), Lindsay O’Mara (Markell’s Education Policy Advisor), and State Rep. Earl Jaques are huddled around each other.  To be a fly on that wall!  I made a point to talk to Rep. Charles Potter about House Bill 56, the charter school “freeze” bill where no new applications for charters in Wilmington could be submitted until the state figured out what to do with all this transition.  I advised him of the Wilmington charters that are submitting modifications to increase their enrollment and add grades.  He said he would take a look at that.  House Resolution #22 was introduced and floated around to the legislators.  Rep. Joe Miro is the primary sponsor.  Which told me the House Republicans behind this were still going through with their idea.  Schwartzkopf said House Bill 50 is now on the ready list.  But once again, the ready list can either be a full House vote or the limbo list like Kilroy’s bills.  State Rep. Stephanie Bolden talked about House Joint Resolution #10 which is a bill whereby Delaware officially apologizes for slavery.  I fully support that bill, however the discussion that ensued from some legislators, especially the one who talked about honoring the rights of people and the other who talked about the Bible and scripture, you know, the book that actually does go into parental rights quite a bit, I found it all to be a little hypocritical given their earlier votes.  After that ended (which passed), House Bill 235 came up.  The corporate tax bill.  The suspension of rules was put forth by Longhurst, and seconded by a few voices in the chamber.  Kowalko asked for a roll call.  And it came, numerous yes votes.  Many who VOTED NO ON THE SUSPENSION OF RULES FOR HOUSE BILL 50.  I kept track of all of them and published it right away.  Aside from the one Yearick vote I messed up, they are all here.  As I was getting ready to walk out the door, Rep. Mike Ramone whispered to me about how Kowalko goes on and on and their bills are better.  I whispered back to him, “I don’t trust any of you.”  As I walked out of Legislative Hall today, with House Bill 50 in limbo, crappy bills trying to take its place from Republicans so desperate not to get publicly thrashed over their vote today they would thrown anything to the wall to see if it sticks, a clear indication of who in the Delaware House cares an iota about parents and who doesn’t, and knowing the PTA would support these upcoming bills, I just smiled.

After a nice dinner with my wife and son and a trip to Toys R Us, I came home to a billion Facebook notifications, tons of emails, and knowing I had to write this.  House Resolution #22 passed after I left.  So did House Bill 235.  The Delaware PTA issued a statement on today’s events, which once again, looks good to read…

All Is Not Lost With The Parent Opt-Out- Discussion Still On The Table

It is important to remember that we had 3 primary goals with HB 50:

1. Protections in place for parents that chose to opt their student(s) out of the state assessment
2. Alternate academic instruction for students not taking the assessment
3. A clear and consistent opt out process implemented statewide

Even with all the events that took place today at Legislative Hall, we are still primed to meet those goals, and it is looking like that is going to happen! Interestingly enough, we spoke with enough legislators today to see that they are definitely not supporting the Governor’s agenda and firmly believe that parents and schools should be protected during the opt out process.

As a recap to the events today at Legislative Hall, the House voted against a suspension of House rules on HB 50. While we are disappointed in our legislator’s actions, we do not see this as a loss. After conversations with multiple legislators with regards to their vote, we were informed that if HB 50 and been voted down under a suspension of the House Rules, the bill would have been dead. Given the mood in Legislative Hall today, it is likely that the bill would not have passed. HB 50 has been placed on the House Ready list.

In an unexpected turn of events, the House Republicans informed us of their intent to introduce legislation that would prohibit the state from using participation rates against a school or district. Delaware PTA supports this. The bill has been filed as HB 243. (See Below)

They also introduced a Resolution that prohibits schools and/or districts from penalizing students/parents from opting out. In addition, it requests that the Department of Education develop several options that outline a uniform opt out process. (See Below). Although a Resolution cannot mandate action from the Delaware Department of Education, Representatives Miro and Jaques both confirmed that they had spoken with interim Secretary of Education Dr. Godowsky and that he has committed to following the resolution and developing several options for a statewide process on parent opt out. In addition, our Vice President of Advocacy spoke with Dr. Godowsky to request parent input on the development of these options. We were informed that even though the Secretary cannot be compelled to act under this resolution, he has indicated that he will do so and he has the authority to mandate compliance from the schools/districts.

Everyone should be very proud of the energy that they put into advocating for parent rights, but our work is not done. We have never seen so many parents and teachers come together on a single issue as we have with the Parent Opt Out. We realize that sometimes compromise is necessary to achieve the ultimate goal. Our goal is to ensure that neither schools nor districts can send threatening letters to parents choosing to opt their child out of the assessment. We want to make sure that every district respects a parent’s decision and that they clearly communicate the parent’s options with regards to opting out of the state assessment.  Our message was definitely received. We will continue with our advocacy with the same amount of fervor that you have seen over the last several weeks. We must keep the pressure on, so please keep sending those emails to your representative. We will be reevaluating and disseminating the next steps in our advocacy plan in the coming days and weeks.

Thank you to everyone that has supported parent’s rights and our advocacy efforts.

 Delaware PTA

I truly have to think this one through.  Our legislators could have passed HB50 in the House today.  They could have overridden the veto in their chamber.  They chose not to.  So now we have Republicans, obviously working with Earl Jaques of all people and the DOE and the Secretary of Education, and not telling anyone about this, for weeks (I know this because Mike Ramone told me they have been working on this for a while.  When I said you could have given me a heads up, he said “We couldn’t.”  Makes sense, get the crowd to show up for the rally, stick the knife in parents and students backs, and then try riding in on the cavalry saying “We have something better!”  Nice try.  First off, I don’t trust Dr. Godowsky.  This is the man who said “looks like harsh opt-out penalties won’t rule the day” and then said he is recommending those very same opt-out penalties with no logical justification as to why.  Second of all, he indicated he “has the authority to mandate compliance from the schools/districts”.  If he has this magic wand, why hasn’t it been used already?  Why didn’t Mark Murphy use this all of a sudden too great to be true authority?  Why does it take all of this for them to get it?  And would I ever trust anyone at the DOE to determine opt-out policies for our schools and districts?  Furthermore, the PTA newsletter indicates a request was made to Godowsky to have parents as part of this process.  There is no answer from Godowsky on that very important issue.  Many parents who have opted their children out do not belong to the Delaware PTA and do not believe everything the Delaware PTA believes in.  And the due date for these “policies” is “on or before May 1st”, well into the testing window for Smarter Balanced when most students have already taken it or are finishing up.  Not a lot of protection for parents.  Not a lot to protect students.  Nothing to indicate schools will honor the spirit of this.

So where do we stand with opt-out in Delaware?  Pretty much the exact same place we were a year ago.  So once again Delaware parents, I beseech you to search within your hearts to do the right thing, and make the right choice for your child like I did with mine.  And I pray none of you have to experience what happened as a result of my decision.  As always, I am here to help and guide, and call out any school who gives you a hard time if that is what you wish.

For the citizens of Delaware, I would take a very strong look at my post about the votes today.  I would look at those districts, and if you know anyone who wants to run, tell them to do it.  If they are on the fence, explain how those House reps went against parents.

For the House Reps who voted yes today on the suspension of rules: thank you.  For those who voted no on those rules for HB50 and yes on the rules for HB235, everyone will know.  I will make sure of it, every day if need be.  You betrayed parents today.  We heard you, loud and clear.  And don’t think for one second that your “rescue legislation” means anything.  It is tied to the DOE, Markell, and tainted in legislative blood money.  This is not solely directed towards Republicans, but Democrats as well.  All of you who did this today.  The 13 who voted yes are safe.  Rep. Bennett is safe.  The rest… I have no words…

These are the things revolutions are made of.  This is how America was made.  When the rights of the people are violated, they will demand change.  And it will come.  Nothing stinks more than betrayal.  I told all of you, a vote of no on a suspension of rules is the same as a no vote on the override.  You lost the right to say “I would have voted yes” because you hid behind another vote.  Your motivations and affirmations are gone.  They don’t matter.  You played cards with the devil and now you are on the table.  You are all cowards and weak, all 27 of you.  And trust, that is gone with me and MANY others.

One last thing, for those who mock John Kowalko, I want to make something clear.  Don’t whisper in my ear about him.  Don’t talk about how he shouldn’t be in that chamber.  This is an honorable man.  He has conviction and passion.  He will fight like a dog, but he will do it with honesty.  Compared to what I saw from many of you today, I would take that any day of the year.  House Bill 50 was NOT a waste of time.  It was a simple bill, grounded in what is best for students and parents.  It wasn’t based on what the DOE wanted to do.  It wasn’t based on what was best for the districts and charter schools.  It was about parental rights and students.  I believe you all knew this.  Which makes what you did today so horrible, and morally wrong.

And Jack, don’t think you are slipping away.  As the rumor mill talks about your upcoming job at Alliance for Excellent Education, a corporate education reform company that has more Kool-Aid coming out of each word in its website than I have ever seen before, and the rumor mill talks about a crazy thought about you actually getting a payout to make sure House Bill 50 didn’t go through, be assured I will find out the truth to ALL of that.  You and I aren’t done yet.  You may be fooling people into thinking you are done in a year and you are just winding down, I know you are at your most dangerous now.  I know you fear opt-out more than anything that has ever come before your desk.  We both know what opt-out does.  How it undermines what you and your buddies have planned.  For our children.  I know.  I am not fooled.  Everything you touch is tainted with this plan.  Delaware children are not your children.  And tell your buddies, America’s children are not their children.  You will all be hearing from us VERY soon, you can take that to the bank.

Transparent Christina is closed.

Goodbye Transparent Christina. You WILL be missed, by many. I understand, more than you know!

House Republicans Try To Save Face With Useless Resolution About Opt-Out

The House Republicans, aside from a few yes votes for the suspension of rules for House Bill 50, are trying to save face by proposing a House Resolution directing the Secretary of Education to come up with opt-out policies for districts to abide by.  The resolution would call for these policies by May 1st, well into the testing window for Smarter Balanced.  I’m hearing the Republicans in the House want the corporate tax bill, House Bill 235, and made side deals to vote no on the suspension of rules for House Bill 50.  They know their House Resolution is useless, but they want to look good for the voting public come election day.

First off, a House Resolution is not enforceable at all.  Legislative resolutions typically apply to the rules of the chamber, the House or Senate.  It does absolutely nothing.  They want to attempt to shove a House Bill regarding opt-out and accountability that will sit in a committee until this legislative session ends on June 30th.  Selling the souls of children so they can get a corporate tax bill passed is atrocious.

The no votes on the suspension of rules today were the following: Reps. Bolden, Brady, Briggs-King, Carson, Dukes, Gray, Heffernan, Hudson, Jaques, J. Johnson, Q. Johnson, Kenton, Longhurst, Miro, Mitchell, Mulrooney, Outten, Peterman, Potter, D. Short, Smith, Smyk, Viola, Wilson, Yearick, and Schwartzkopf

The yes votes were Reps. Baumbach, Bentz, Collins, Hensley, Keeley, Kowalko, Lynn, Matthews, Osienski, Paradee, B. Short, Spiegelman, and Williams

Rep. Ramone would not vote, and Rep. Bennett was absent.

The House just voted on a suspension of rules for House Bill 240, and the following reps that were unable to vote yes for a suspension of rules for a student and parental rights bill just voted YES to do so on a corporate tax bill:

Bolden, Brady, Carson, Dukes, Gray, Heffernan, Jaques, J. Johnson, Q. Johnson, Kenton, Longhurst, Miro, Mitchell, Mulrooney, Outten, Potter, D. Short, Smith, Smyk, Viola, Wilson, and Schwartzkopf

You all need to be ashamed of yourselves.  Corporations are more important than parents.  That’s the message you are sending the people of Delaware.  Good luck in your elections.

Updated: State Rep. Lyndon Yearick voted NO on the suspension of rules for BOTH House Bill 50 and House Bill 235.  He indicated to me that he is not a big fan of any suspensions of rules.

The House Is In Session, Live From Legislative Hall On The Veto Override

There will be a tribute, and discussion, and then we will see what will happen with State Rep. Kowalko and introducing the suspension of rules for the override of Governor Markell’s veto of House Bill 5o.  They are doing the roll call as I write this.  Rep. Stephanie Bolden led the prayer, and then the pledge of allegiance was led by State Rep. Pete Schwartzkopf.  State Rep. Valerie Longhurst is giving a tribute for some individuals.  The tribute is for Dawn Cox, who is stepping down from the Dept. of Fish & Wildlife.  The tribute just ended…

Kowalko is asking Schwartzkopf to suspend the rules.  Motion seconded by State Rep. Kim Williams. The bill’s title is being read.  State Rep. Sean Lynn is asking why the suspension of rules is even needed on House Bill 50.  Kowalko is explaining “it allows the opportunity for this body, this assembly to give voice for their constituents.”  The roll call for suspension of rules is about to commence.  Suspension of rules did not go through, 13 yes, 26 no, 1 not voting, 1 absent.

State Rep. John Kowalko asked Rep. Schwartzkopf to put the bill on the ready list.  State Rep. Byron Short is commenting about state testing.  State Rep. Hudson is explaining how Rep. Miro wanted to file a resolution concerning this issue but it wasn’t allowed to be filed.  One was for the Secretary of Education to come up with policies and procedures to handle opt-out.  Another was an education issue dealing with education at a Federal level.

Jacob’s Opt-Out

Right now, I am sitting in a coffee shop while my son is at school.  The Delaware PTA sponsored rally to override the veto of House Bill 50 is going to happen today outside Legislative Hall in Dover at 1pm.  I hope to attend and speak.  Below is what I will be saying and what I emailed to the Delaware House of Representatives today.  Should circumstances not allow me to be present at the rally (as I am writing this at 10am), I wanted to make sure this got out there.  This is the heart of my personal reasons why I have fought so hard for House Bill 50 and a parent’s choice to opt their child out of the Smarter Balanced Assessment.

Jacob’s Opt-Out

I want to thank everyone who could make it today. Thank you to Yvonne Johnson, Terri Hodges, and the Delaware PTA for their incredible and outstanding support on House Bill 50.  Thank you to the DSEA for their support of a parent’s right to opt their child out of standardized testing.  Thank you to Rep. John Kowalko and Senator Dave Lawson for seeing the wisdom in bringing this bill forward in support of student and parental rights.  Thank you to all the legislators who voted yes for the bill last Spring, and I pray you will find it in your hearts to echo your votes today.

While all of this has been going on for the past year, I have been unable to talk about my personal experience with opting my son out. Many have asked me what kind of response I received, and I said that I didn’t believe there was any.  Now that matters have been resolved with my son Jacob’s former district, I feel it is important to let folks know what happened to him and my family when we opted him out of the Smarter Balanced Assessment.

My son had an IEP at his school. It was a very difficult IEP process as my son’s disabilities are very unique.  There was a great deal of conflict with some of the members of his IEP team, I will not shy away from that.  But we were always at the table and able to work through the issues.  Until I opted my son out in a letter to the Delaware State News on October 7^th, 2014.  Immediately afterwards, my son’s situation at his school deteriorated.  We received a very threatening letter from the district superintendent within days of the article posting, even going so far as advising us we would not be allowed to be involved in our son’s IEP process unless we “behaved”.  While the letter did not mention opt out, it became more than obvious the school was not in the same collaborative mood they had been previously.  At the end of October that year, my son was denied social skills services that were a part of his signed IEP.  Accommodations were not being followed with fidelity.  Communication over things going on with my son came to a stop.  The principal would not address me at all.  On December 23^rd, after eight physical assaults against my son at his school, he received a concussion.  He went on homebound instruction for the rest of the school year, and we had no choice but to pull him out of his district and send him to a private school, at great personal pain and expense to my family.

I love my son more than anything in this world. He suffered immensely, I believe, due to my decision to opt him out.  I wrestle with guilt over that every single day, but I stand firm in my belief that I made the right decision for him.  My son is not a test score.  He is not data.  He is a human being.  I support House Bill 50 because it is about protecting a parent’s choice and it gives protection to students.  I firmly believe, with every fiber of my being, that if House Bill 50 was put into law in October 2014, my son’s life would be completely different.  This is Jacob’s story, and I hope and pray no student ever has to go through the pain, loneliness, and depression my son went through.  No parent should ever have to question decisions they make for their child when it is supported by something they feel is right for their child after careful research and consideration.  This is something I haven’t shared with anyone until now because of how personal it is, but I believe now is the time.

To the Delaware House of Representatives: Please vote yes for both the suspension of rules and the override of House Bill 50 today. Please put aside the political bickering over suspension of rules for this one issue today and vote for what is right for the students and parents of Delaware.  The people of Delaware are watching you and they want their voices to be heard.

How The Legislators Vote Today Will Determine How The People Vote In November

You are an everyday normal Delaware citizen.  You have two kids in school.  One of them does well, the other struggles.  You usually vote Democrat in elections, but you are on the fence with some issues this year.  In your district, a Republican and a Democrat are running.  You aren’t sure who to vote for.  You get a flyer in the mail from one of the candidates.  It talks about how their opponent decided not to vote yes for a bill about parental rights.  You look into the issue and see it was a bill about parents opting out of standardized tests.  Your one child came home stressed and miserable during those testing days.  You thought about opting him out but the school pressured you into having him take it.  That bill would have prevented that.  You make up your mind: You are now firmly on the side of the candidate that sent the flyer.

For those legislators who are big on not voting yes for a suspension of rules, this could result in you being suspended from office: permanently.  For those who wish to side with a departing Governor who WILL profit off education and the very policies he had a hand in after he leaves office, I would think twice about that.  Jack Markell is a very shrewd man and he doesn’t care what happens after he gets his very excellent education job a year from now.  Education is a fickle beast.  It changes and morphs constantly in cycles.  Todays big changes will be gone in ten years.  But todays changes are things Jack Markell has been working on for the past ten years.  He is a futurist.  He plots and schemes with American dreams and uses people, legislators most of all.  He isn’t a true Democrat.  He is a corporatist through and through.  He even said so during the 2012 Democratic Convention.  It is his job to be against opt-out.  Because for Jack, it is NOT about the students.  It is NOT about the parents.  It IS about the money and big business.

There may be issues among all of us about education and how to best serve the students of Delaware.  But selling them out to the highest bidders and their alliance of thieves is NOT the way the students of Delaware will succeed.  It is how the businesses succeed.  Our children are more than test scores.  Remember that today and vote with your conscience.