John King In The Job A Week And Delaware DOE Is Getting Ready To Submit Another ESEA Flex Waiver

This just came across my newsfeed:

Delaware continues to work with the U.S. Department of Education to develop best practices with respect to assessing speaking and listening on large-scale assessments. As with many other states, Delaware will be requesting a limited waiver of section 1111(b)(3)(C)(ii) of the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB), so that the state’s assessment system need not measure the state’s speaking and listening standards for the 2016-2017 school year. Input, comments and questions may be submitted at feedback@doe.k12.de.us through April 15.

Why does Delaware need a “limited” ESEA Flexibility Waiver?  What are we giving up so we are not beholden to this “state’s speaking and listening standards”?  I looked on both the Delaware Department of Education website and the United States Department of Education website and found nothing about this crucial need to submit another waiver.  President Obama signed the Every Student Succeeds Act three months ago.  It goes into effect August 1st of this year.

The only reference from now US Secretary of Education John King about using federal funds for anything is for assessment inventories, something Delaware is nearly done with.  Why isn’t the Delaware DOE giving more information about this?  Why would they solicit public comment without anything to look at?  Yes, we know most of the changes with ESSA won’t take place until after the 2016-2017 school year, but why are they trying to implement more waiver schemes, something ESSA strictly forbids them to do?  I’m calling shenanigans right now!  John King can’t be trusted and the Delaware Department of Education follows suit.  Funny how the two bills that would call for the General Assembly to approve any ESEA flexibility waivers were stricken in January.  Maybe they need to come back tomorrow!  Paging State Representatives Kim Williams and Sean Lynn!  Get your bills back on the table!  This is most likely a play to get Regulation 103 back on the table in Delaware…

To read John King’s missive to “Chief State School Officers”, look below…

2016 Opt Out Letter For Delaware Parents To Use

I wrote this a year ago, but it still applies.  If you really want to drive the point home to a school, use this letter.  If they still give you grief, stand your ground.  Do not give in to what they try to tell you.  This is your right!

I have had a few parents ask how this could affect a school choice application.  Since the scores of the Smarter Balanced Assessment won’t come out until the summer, and you would have received an answer to your school choice application well before that time, it should not play a factor.  Any school denying your child a spot in their school over a parent exercising their Constitutional rights is on very shaky legal ground and you could certainly have just cause if your child was denied admission based on a parent opt out.  To be clear though, I am not an attorney, so this is your choice!

Here is the suggested letter to use.  I would include the school’s name and address, the date, your child’s name, and your name and address.  Make copies!!!  You can bring it to a school board meeting (for dates at times for your district, charter or vocational see my article from yesterday), or bring it to the school.  I would bring a separate form indicating the school recognizes they have received an opt out letter from you and have them sign it.  If a school gives you a letter to sign indicating you are understanding you are not following the law, DO NOT SIGN IT.  If they ask for a medical note and there is no medical condition present in your child, DO NOT GET ONE!!!

 

Dear

Please accept this letter as record of my decision to refuse for my child (name) to participate in the Smarter Balanced Assessment at (school) during the 2015-2016 school year. My refusal to participate in the Smarter Balanced Assessment is because I believe standardized high stakes testing take away time from 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 or 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 needs of children. I am aware that there is no “opt out” clause in the state of Delaware. But the state has yet to provide any legal documentation that my child may not exercise his or her right to refuse the tests.

According to the U.S Constitution, specifically the 14th 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, 268 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 that 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 understand that it is state and local policy to require all students to be evaluated for proficiency in various subject areas at each grade level. However, I believe that testing is not synonymous with standardized testing and request that the school and my child’s teacher(s) evaluate his or her progress using alternative (and more meaningful) measures including: project-based assignments, teacher-made tests, portfolios, and performance-based assessments, to be determined at the discretion of the teachers and myself together.

My child is prepared to come to school every day during the testing window with alternative meaningful self-directed learning activities that support the essential curriculum, or is willing to participate in other meaningful activities as determined by the school or his or her teachers during testing times. It is my child’s right as a public school student to receive instruction daily, and if you do not do so, I will file a 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 this public good of which I contribute in the form of tax payment. I will call the police if you attempt to bar my child from entering the building. However, should you prove to me in writing that this last alternative is legally REQUIRED, 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 are EXEMPT from the usual 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 without being allowed to leave the test room, nor move nor speak, while refusing to test, or is intimidated in any way, will be seen as tantamount to solitary confinement. If you attempt to force my child to do so, I will report you to the child abuse authorities. If anyone places their hands on my child after he/she has respectfully declined to report to a test site, he/she has been instructed to call the police and file charges.

I do not recognize the authority of the letter the Delaware Department of Education or any school district crafted to have schools give parents when they opt their child out of the Smarter Balanced Assessment as it has no legal bearing.

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. My school’s teachers and administrators understand that this action is no way a reflection of my feelings towards them nor is it intended as an attack toward them or the great work that they do every day. My issue is with high stakes standardized testing and the harm it does to children and our public schools. I believe we can work constructively together to ensure that my child will not be negatively affected in any way, and that successful alternatives that are neither punitive nor require further legal complications are indeed possible.

Thank you.

Respectfully yours,