After running some errands yesterday, I stopped by Legislative Hall in Dover. There was no particular reason for going. As the House Education Committee came out of their meeting, I was approached by State Rep. Earl Jaques. He asked if he could speak with me in his office. I immediately thought he was going to blast me for blasting him on this blog. This wasn’t the case.
Last Spring, right before the House voted on HB50 for the first time on May 7th, Earl approached me about changing provisions for students with disabilities when it comes to the state assessment. In 2014, Senator Nicole Poore brought Senate Bill 229 forward. Her bill, which passed, allowed for the most cognitively impaired students to take an alternate assessment in lieu of the state assessment. It was a bill I fully supported. It passed within days of the HB334, the Smarter Balanced Assessment. The law states this is for students who are “clinically incapable of producing valid results on a standardized assessment”. This is for a very limited number of students, usually 1%. These are children who don’t even have the ability to hold a pencil, or they are so challenged they can’t put words together. Earl told me he wanted to add more disabilities to that list. I advised him right then and there it doesn’t work like that. You can’t just pick disabilities and say this child has to take a test and this one doesn’t. He told me he wants to help out kids like my own. I advised Earl my son is very smart, but I don’t want him taking the Smarter Balanced Assessment. He told me to think about it and let him know.
A couple days later, I received an email from Earl:
Additions to SB 229
Based on our very short discussion, I was unaware that SB 229 didn’t cover all children with disabilities. I would like to do some legislation to add more disabilities that weren’t covered under SB 229. Could you send me your thoughts and a list of 6-7 disabilities that should be added first. I know that there probably is more than a half dozen that should be added. But if the list is too long then it will be harder to do. We will just keep adding as we move forward. Thanks!
I contacted Senator Poore the same day and advised her of Earl’s crazy idea. Bewildered, she didn’t know what he was talking about. I emailed Earl back and said I would do some research and get back to him. HB50 already passed the House, and by the end of June it passed the Senate. Governor Markell vetoed the bill in July, and it came up for a suspension of rules a couple weeks ago in the House, but the suspension was defeated. HB50 is now on the ready list to be heard in the House.
Back to Earl’s office. Earl begins by telling me he knows how passionate I am about opt-out. But he has been thinking about his idea last Spring. I told him again it wouldn’t work. He tells me not to be so sure about that. When Acting Secretary of Education John King came to Wilmington last week, Earl said he talked to King about this idea and King told him to send some more information on it. I’m not sure if King was supporting the idea, or just doing the “yeah, I’ll take a look at it” thing.
Earl proceeds to tell me House Bill 50 is dead. It isn’t going anywhere. I said “You mean it sits in Pete Schwartzkopf’s desk?” to which Earl nodded. We also talked about the House Republicans attempts at reviving opt-out legislation, and he said that isn’t going to do anything either. So he asks me to do some research on adding disabilities to Senate Bill 229. Again. I advised him Markell would never pass anything like that, but Earl tells me “maybe not”, knowing my next comment is going to be about the new Governor. Which I invariably brought up. I told him, “Carney”, to which Earl said “whoever it is, stranger things have happened”. So Earl wants me to research this option for different students with disabilities to be put into legislation that would get them out of the Smarter Balanced Assessment. Even though he has legal aides, the DOE at his beck and call, the Governor’s Advisory Council for Exceptional Citizens (which has their own policy & law committee), and a host of state agencies that could provide information for him. But no, he wants the guy who lambastes him on his blog on a fairly consistent basis and who supports opt-out emphatically. As well, as the “architect” of this genius legislation, where I would be credited as the idiot who puts certain disabilities on a list and not others, I can hear the Civil Rights Groups knocking on my door in the future. Even if it didn’t happen, I would be the face behind judging what disabilities are “worthy” and which aren’t. An attempt to discredit me…
So I say to Earl, “Why don’t we just get rid of the Smarter Balanced Assessment?” He tells me how expensive it was, and we would have to design a new test. In other words, it isn’t going anywhere (in his mind). He tells me how he didn’t want it two years ago, but he still voted yes on HB334. Earl wants me to do this work, for free, for him, to introduce legislation that I know will not do anything. But even worse, he wants me to betray the opt-out movement by getting me to work on this legislation. Had I agreed to do this thing for him, it would show my whole push for opt-out was only about students with disabilities and not all students. Keep in mind this is about a month and a half before the testing window opens up for the Smarter Balanced Assessment.
A year ago, when HB5o first came out, whenever I had “opt-out” in the title of one of my articles, it shot through the roof. People I never met or even heard of were contacting me. And then the Delaware PTA had their opt-out town halls. And it tripled. There were a few days there where I literally couldn’t go ten minutes without getting an email, phone call, or Facebook message about opt-out. Parents started opting out. Meanwhile, Earl and Markell were doing everything in their power to stop it. They couldn’t. Every time they mentioned the words, more parents wanted to opt-out.
If Earl wanted this to happen, it would happen. It would have already happened. He doesn’t need me to do this. Which tells me he is using me. He wants to distract me. Whether or not he has been instructed to do this or if it is just him, I don’t know. But I do know this: Earl is out of his mind if he thinks I would do this for him. Does he really think I would betray the parents of children who don’t have disabilities like that? He doesn’t get it. I want ALL students to not take Smarter Balanced. I want Smarter Balanced gone! But I am wise enough to know, like Earl said, it isn’t going anywhere anytime soon. Did he really think he could play me like that? That he could weaken me in the ashes of House Bill 50? I’ve already said on here that at this point it doesn’t matter. I am going to encourage every parent I can to opt their child out in the next month and a half. The only thing Earl accomplished was getting me to do it even harder than I already planned.
Earl is obviously getting concerned. He did inform me that he is running again for State Rep. this year. He is now known as the face of anti-opt-out in Delaware. He truly believes opt-out is dead and that my resolve is diminished. Guess again Earl! It is stronger than ever before! I’m sure we will see each other again Earl. I’ve already emailed the Governor, the Delaware DOE, Pete Schwartzkopf, and the US DOE about this. Maybe you meant well, but I doubt it. You can’t play me Earl. Better than you have tried. Since the first time you wouldn’t let me finish talking at the first House Education Committee meeting I attended, when the DOE was talking about ESEA flexibility waivers, I knew where your allegiances truly are. They aren’t with parents. They aren’t with students. They are with the Governor. Two weeks ago, you turned around in your seat and told Yvonne and Terri with the Delaware PTA “told ya” when the HB50 suspension of rules vote went down. But now you want me to help YOU? When you spat on parental rights with your condescending and smug attitude? If someone put you up to this, I will find out. Do not ever speak to me again about students with disabilities. You disrespect every single child who was born with a disability in this country Earl.
This is the email I sent to your buddies Earl:
From: Kevin Ohlandt <email@example.com>
To: Schwartzkopf Peter (LegHall) <firstname.lastname@example.org>; Markell Jack <email@example.com>; Godowsky Steven (K12) <firstname.lastname@example.org>; “John.King@ed.gov” <email@example.com>; Johnson Donna R. <firstname.lastname@example.org>; “David.Sokola@state.de.us” <email@example.com>
Sent: Thursday, January 28, 2016 10:24 PM
Subject: Opt-Out Clauses For Students With Disabilities