Odyssey Charter “Denies” A Parent’s Opt Out Letter Two Months Later

Last week, a parent of a student at Odyssey Charter School received a response to an opt out letter she sent the school back in February.  The letter said they were unable to offer any discretion in the matter since Delaware doesn’t have any official opt out laws.  The school does have discretion.  It’s called the parent opted their kid out and Odyssey needs to suck it up and take it on the chin.

The parent is concerned about any punitive action the Wilmington charter could take against her child.  I have yet to hear of any punishment issued to a student over a parent opting them out.  So this would be the first to my recollection.  The powers that be know there is nothing they can do to prevent opt out.  They just don’t want any school dipping below that 95% participation rate threshold.  Which (sadly) didn’t happen in any school last year.  I find it frustrating that so many parents think this test is perfectly okay.  It isn’t.

What many parents don’t realize is something schools won’t tell them which is the actual language in federal law.  That states schools must administer the state assessment to students.  It says nothing about the student actually taking the test.  A school is not allowed to deny a student the ability to take the test.  That is a far cry from a parent saying they don’t want their kid taking it.  And there have been enough U.S. Supreme Court cases involving parental rights in education to justify opt out.

The response from the school to the parent talked about only medical reasons being a valid exemption based on the law.  Which is true, but only for the school not to administer the test and NOT have it count against their participation rate.  But what Odyssey did was quote the federal law and then add their own part about ESEA (now ESSA) not allowing parents to opt their child out of the state assessment.  Which is absolute malarkey because it doesn’t say you can either.  It doesn’t even address opt out.  In fact, ESSA as it is written actually gives states the ability to come up with their own policies and laws on opt out.  But in good old Delaware, we had a chance to honor and codify a parent’s right to opt out but our Governor Markell vetoed the bill when our General Assembly overwhelmingly passed it.  And then too many of our chicken little legislators kissed the Markell ring when there was a shot to override that veto.

Currently, another opt out bill is awaiting consideration in the House Education Committee.  It was heard in committee last year but shenanigans ensued over the vote so it is still in “pending” status where it will most likely remain until the end of this legislative session on June 30th.  I don’t think Governor Carney has ever muttered the words “opt out” since he has been Governor of Delaware.

Nothing helps the opt out movement more than a school giving a parent a rough time or sending the Delaware Department of Education template letter to a parent.  Parents, if you want to opt your kid out of the Smarter Balanced Assessment, just do it.  I guarantee you if they give you a rough time or try to punish your kid I will give them holy hell for it.  That is my promise to you!  And if it is in Capital, Red Clay, or Christina, their boards passed resolutions or policies honoring that parental right so none of the schools in those districts should be even addressing it!

 

President Trump Issues Executive Order About Federal Control Of Public Education

Hot off the press, United States President Donald Trump just issued an Executive Order concerning federal control of education.  This order gives U.S. Secretary of Education Betsy DeVos a lot of authority to remove regulations that may interfere with state or local control of public education.  It also talks about Common Core.  Worth a read…

View this document on Scribd

Delaware DOE Aid To Migrant Students Comes With A Catch

The Delaware Department of Education is helping students who happen to be classified as migrant student population.  But they can only get the “hygiene bags” if they register as such under ESEA.  How many of these students’ parents will register them so the federal government can track their every movement in Delaware?  The DOE issued a press release on their Facebook page yesterday.  Bolded areas are for emphasis.

DDOE staff prepared over 40 hygiene supply bags last week for Delaware’s migrant student population. Migrant students are the school-aged children of seasonal workers traveling to Delaware each year for agricultural work. These children face unique educational barriers as a result of multiple family moves. Many migrant families stay in Delaware through late fall before returning to their home states. During this time their children attend Delaware schools.

Funded with a federal grant, the insulated bags are filled with sunscreen, insect repellent, first aid supplies, and related items. DDOE provides the bags as a support service to eligible migrant families upon their enrollment into the federal Elementary and Secondary Education Act (ESEA) Title I C Migrant Education Program. This program identifies, recruits, teaches, and supports migrant children so they can focus on school success. DDOE also collects donated clothing for the students and their families.

DDOE supports activities for migrant students to ensure all kids receive a clear path for becoming college and career ready after high school. Migrant families who choose to live in Delaware permanently continue to receive education-related support services.

With everything going on with immigration in this country, would you trust the Trump administration with this enrollment information?

America Is Getting Bamboozled With Betsy Devos! She Is All In On The True Agenda: Cradle To Grave Workforces Of Tomorrow

It’s real easy to play Monday morning quarterback after your team just took a huge hit.  Donald Trump promised (and fooled) many citizens into thinking he could get rid of Common Core.  So much so that his pick for Secretary of Education is now backtracking on her years of actions financially supporting Common Core.  She sits on Jeb Bush’s Foundation for Excellence in Education.  This foundation LOVES Common Core and all that comes with it.  DeVos, through the Betsy and Steve DeVos Foundation, poured millions of dollars into pro-Common Core candidates.

On some Betsy DeVos Question and Answer website that sprung out of nowhere, she denounces Common Core.  This website was created on 8/16/16, but her picture was just added this month.  This isn’t some long-time website that shows the DeVos denunciation of Common Core.  This website was created specifically for the possibility of a Trump win.  Why would anyone put up a q and a website unless they knew what the opposition would immediately come out with?  This is what she has to say about Common Core.  Items in red are my response to that.

Q: There’s been a lot of talk about Common Core. Can you provide some straight talk on this topic?

Certainly. I am not a supporter—period.

Financial support into candidates and states that support it IS supporting it.

I do support high standards, strong accountability, and local control. When Governors such as John Engler, Mike Huckabee, and Mike Pence were driving the conversation on voluntary high standards driven by local voices, it all made sense. 

State standards, as written in the Every Student Succeeds Act, are now state decisions.  Trump couldn’t dump them if he tried.  There is a big difference between state and local decisions.  The states now call the shots on education.  The locals are just along for the ride.  Local control of education is a thing of the past.

Have organizations that I have been a part of supported Common Core? Of course. But that’s not my position. Sometimes it’s not just students who need to do their homework.

I don’t even know what that means Betsy DeVos.  Common Core wasn’t created because kids weren’t doing their homework.  It was set up for a VERY specific reason which I will get to soon.

However, along the way, it got turned into a federalized boondoggle.

A very intentional federalized boondoggle where states gave up ALL control to the feds.  Once the states adopted the standards, it didn’t end there.  In came the standardized testing, the accountability game that judges failing schools based on those same tests, as well as the longitudinal data (which was the real purpose which I will also get to later) creation in every state to allow student data to go out.  Once everything was set up in the states through Federal funds (most of which did not go to local schools but to state Departments of Education who paid education reform companies billions of dollars), then the reauthorization of ESEA came about.  ESSA is the shift towards this future.  Giving the illusion of state control based on federal mandates and snake-oil deals from the Obama administration.

Above all, I believe every child, no matter their zip code or their parents’ jobs, deserves access to a quality education.

Every single corporate education reformer says this, but being pro-school choice has not equated to greater educational improvement for children overall.  Especially children that are minorities, low-income, English Language learners, and students with disabilities. 

Betsy DeVos, through her foundation work for her own foundation as well as others, has been on of the biggest driving forces for the privatization of American public education.  But why?  Where is all of this going?

As I put up my post about DeVos selection for the U.S. Secretary of Education, I was met with an onslaught of comments stating she doesn’t support Common Core.  Actions speak louder than words.  I immediately directed readers to this excellent post showing how she DOES support Common Core and how.  And then I wrote this:

To put this in a very easy way to understand, Common Core was created to train young minds for constant all-the-time digital learning.  State assessments (based on Common Core) will become stealth assessments embedded in personalized learning/competency-based education environments. Once they bust the unions, traditional school districts will fall. Charters will go online. Our young kids will go to local non-profits to learn online while older kids learn online in a pay to earn environment through Charter Online Inc. Meanwhile, all this data from ed tech is tracking every student and whoring out their personal data and gearing them towards pre-determined professions that corporations want, not the kids. Who do you think will profit from this? Charters. Teachers will become glorified moderators while parents watch their rights slowly disappear. Their kids will go to community health-based centers for everything. This is the grand agenda. There is nothing Trump can do to stop it. Complete control over the future by corporations. Read into plans for Blockchain technology to see where all of this is going…. This has NEVER been about kids. It has always been about corporate profit.

We are now at a huge tipping point with public education.  I’ve actually seen parents today, on anti-Common Core Facebook pages, actually trying to convince me DeVos is a good pick and to give her a chance.  This is what the corporate education reformers do best.  They pit people against each other.  While everyone is arguing about this and that, they are getting things done.  Planting seeds to get the whole thing done.  They are the masters of distraction.  Bill Gates is just one of them.  Today, we saw another billionaire get the top education job in the country.  With no background of ever being an educator.  Do you really think it is a coincidence that the past three Secretaries of Education have been fervent supporters of school choice, charter schools, and “higher standards”?  You can call Common Core whatever you want.  But it is the same everywhere, in every state.  It is just a vessel to much bigger plans, a complete and utter transformation of society where the top will always be on the top, but true choice and upward mobility for the rest will be on the bottom.  It is central to destroying who we are as a nation.  A nation of freedom and free will.  That will be stripped from us, forever.  We will become the cradle to grave workforce with the rich and elite overlords looking down upon us.  The future generations of today’s rich and elite who use their money and influence to reshape society to their mold.

This was going to happen no matter who won the Presidency.  Clinton, Trump, Johnson, Stein… it didn’t matter.  Who do you really think is running the show?  Politicians?  No.  It is corporations.  Follow the money.  Read the stuff that is coming out right now through ESSA.  Sift through the smoke and open your eyes America.  And act.  Do something.  They have you fooled.  Everyone is going nuts about Trump, both sides.  Love or hate.  Meanwhile, no one is talking about the WOIA bills in every state.  Or the ed tech invasion happening in your schools.  Or the shift towards getting rid of number grades towards the same type of scores on standardized tests.  How many states are developing “Pathways” programs which shift education towards a pre-determined career rather than moving on to college?  Trump doesn’t matter.  Not in the long run.  Neither did Clinton.  This was going to happen before your very eyes.

Do you hear anyone, aside from student privacy groups, demanding Trump restore FERPA to pre-2008 and 2011 levels?  No.  Do you hear anyone making a big deal about the Bill Gates driven work group that is deciding data sharing at ALL levels?  No.  Do you know why?  Because they are distracting you.  And they are succeeding.

Someone wrote to me on Facebook today that to change things would require a rebellion.  That person wasn’t promoting it.  I am.  It is what we need.  And it has to happen now.  Please share this article.  Spread it.  Make sure people see it and see the truth about what is happening.  The reformers will say I am a conspiracy theorist.  I will gladly take that.  Because this is a vast conspiracy that has been playing out for decades.  And they aren’t done yet.  Time for a rebellion.

The Delaware DOE Wants YOU!

The Delaware Department of Education will be holding “community conversations” to figure out how to carry out the Every Student Succeeds Act in Delaware.  As well, there will be discussion groups stemming out of the Governor’s Advisory Committee on ESSA.  You can nominate someone for the discussion groups or even nominate yourself.  I nominated myself to get in on this.  There are only three days left, including today, to get those nominations in because the deadline is this Friday, September 9th.

I am very skeptical of this, however.  I firmly believe the DOE knows exactly what they want from this.  The community engagement for implementation of the law is required in each state.  I could be wrong.  But history has taught me otherwise.  ESSA is the most important legislation to come out of the federal government in many years.  Folks need to understand this law and read between the lines on a lot of this.  As Obi-Wan Kenobi once said, “These aren’t the droids you’re looking for.”  There are traps all over this law.  They look really great on the surface, but there are red herrings portending a great deal of corporate intrusion in education.  If you care about education you MUST become involved in this.  If you have doubted everything I have ever written on this blog, this is an absolute certainty: If you don’t understand this law now you will be left standing in the wind when it all goes down in the future.  More than you realize.  But in the meantime, here is the official press release from the Delaware DOE that went out this morning:

For immediate release

 

Contact Alison May (302) 735-4006

COMMUNITY CONVERSATIONS TO HELP SHAPE DELAWARE’S ESSA PLAN

 

The Delaware Department of Education will host four community conversations this month to collect public input that will inform the first draft of the state’s plan under the new federal Every Student Succeeds Act (ESSA). A second round of conversations is planned for later in the fall to receive feedback on the draft plan.

 

In December 2015, Congress reauthorized the Elementary and Secondary Education Act (ESEA), the main federal law governing public education. The Every Student Succeeds Act (ESSA) replaces the No Child Left Behind Act (NCLB).  As part of NCLB, Delaware is one of the 43 states operating under ESEA Flexibility.

 

ESSA gives states more flexibility and provides more state and local control over the accountability process. ESSA implementation will begin during the 2017-18 school year. The 2016-17 school year provides the opportunity to consult with stakeholders, develop Delaware’s plan, and submit the plan to the U.S. Department of Education for approval.

 

The community conversations will be:

·         6 to 8 p.m., Tuesday, September 20 at the CHEER Center, 20520 Sandhill Road, Georgetown

·         10 a.m. to noon, Saturday, September 24 at Christina Cultural Arts Center, 705 North Market Street, Wilmington

·         6 to 8 p.m., Tuesday, September 27 at Bunker Hill Elementary School – 1070 Bunker Hill Road, Middletown

·         5:30 to 7:30 p.m., Thursday, September 29 at the Collette Education Resource Center, 35 Commerce Way, Dover

 

Please register for the session/s you would like to attend at the links above.

In addition to the larger community conversations, department leaders are continuing to collect input through a series of stakeholder consultation meetings. A Governor’s advisory committee and discussion groups on the major aspects of the plan also will be convened in the coming months. The first discussion group will focus discussions on technical topics related to measures of school success and reporting. The second group will focus discussions on provisions for student and school supports. The discussion groups will provide information to the advisory group. Nominate yourself or someone else to join the discussion groups here. The deadline for nominations is Friday, Sept. 9.

The state aims to complete its draft plan by October 31 with the second draft completed by December 31, following the next round of engagement and feedback. Additional comments will be taken through February. The state will submit the plan to the U.S. Department of Education for approval by March 6.

The public also is invited to provide input through online surveys available here.

 

Feedback also can be submitted to ESSAStatePlan@doe.k12.de.us.

 

Find more information on the department’s ESSA web site.

John King Is Violating Intent Of ESSA By Approving Illegal Flexibility Waivers For Delaware Through 2019

I was wondering why the Delaware Department of Education went to all the trouble of submitting an ESEA flexibility waiver for a dubious standard called the state’s “speaking and listening standards” last March.  ESEA effectively ended on July 31st this year.  Now we know why.  Because it allowed the Delaware DOE to continue the same damaging and disturbing accountability practices for not just this school year, but through the end of the 2018-2019 school year.

This waiver was very odd to begin with.  Yes, there is speaking and listening standards.  It is part of Delaware’s Common Core State Standards.  But to submit an ESEA Flex Waiver for this is ludicrous.  But it doesn’t end there.  The Delaware DOE was not forthright and honest with the process of applying for this waiver.  As part of state code, Delaware is required to have an advisory committee to approve these waivers.  This was the DESS Advisory Committee.  For this waiver, DESS did not meet to approve it.  In fact, as per an email from Susan Haberstroh at the Delaware DOE, the group is not even active at this point.

DESS is, however, required under Delaware state code to review the very same things this ESEA flexibility waiver is meant to address:

Under whose authority did Haberstroh decide DESS did not have to meet to review this flexibility waiver?  This flexibility waiver is illegal in many ways.  There is no state regulation that gives the Delaware School Success Framework any legal enforceability.  Regulation 103, which covers these accountability standards, was not updated last year.  The U.S. DOE has no authority to approve or disapprove Delaware law.  By relying on the United State Dept. of Education to decide on Delaware law, the Delaware DOE is seriously overstepping the will and intent of the Delaware Constitution.

To make things more complicated, U.S. Secretary John King is abusing his authority under the Every Student Succeeds Act by approving any accountability waivers up through 2019.  The Delaware DOE is cherry-picking what they can and can’t do with ESSA, just like John King is.  For John King, when he does this stuff, he gets hauled into congressional hearings.  When the Delaware DOE does this stuff, it gets mentioned on here.  There is no accountability method for the Delaware DOE to answer for their actions.  Someone needs to get the DOE into a public hearing to explain how they can do certain things and not others.  Because the way they interpret the law and the way it must be interpreted are two different things.  Events are progressing rapidly where the Delaware DOE is openly and flagrantly violating state law.  This can not continue and I urge our General Assembly to take immediate and definitive action against our out of control Dept. of Education.

As for U.S. Secretary of Education John King, I have already taken some action on his abuse of power.  I contacted Rep. John Kline (MN) and Senator Lamar Alexander (TN) addressing the abuse of power John King is exhibiting by approving this waiver.  As well, I submitted the following to Senator Alexander:

Good morning Senator Alexander,

I am trying to reach you in regards to the Every Student Succeeds Act. Back in March, the Delaware Department of Education submitted a flexibility waiver under ESEA to the United States Department of Education.  This was for a waiver of “speaking and listening standards” as part of our state assessment.  Our Dept. of Education stated this was a “limited waiver” and bypassed parts of our state law for how these things are approved in our state.  While I recognize you have no authority over Delaware state code, I do know you do have authority in regards to the U.S. Dept. of Education and have the ability to call out John King over abuse of power.

On August 5th, 2016, the Delaware DOE received an approval letter from Anne Whelan, the U.S. Deputy Secretary of Education, action on Secretary King’s behalf, to approve our ESEA flexibility waiver. The letter, which can be found on the Delaware Dept. of Education website under “Accountability”, and then “ESSA”, seems to give the U.S. DOE authority to grant flexibility waivers with the same accountability standards under ESEA up through June 30th, 2019.  As I am interpreting the Every Student Succeeds Act, this type of authority was explicitly stripped from the U.S. Secretary of Education.  But John King is openly and publicly defying this federal mandate by continuing the same damaging practices from No Child Left Behind and Race To The Top.

The letter states:

“After reviewing Delaware’s request, I am pleased to grant, pursuant to my authority under section 8401 (b) of the ESEA, as amended by the Every Student Succeeds Act (ESSA), 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), for school year (SY) 2016-2017 and of section 1111 (b)(2)(B)(ii) of the ESEA, as amended by the ESSA, for SYs 2017-2018 and 2018-2019 so that the state’s assessment system, including the Smarter Balanced Assessment for grades 3-8 and the SAT for high school, need not measure the State’s speaking and listening standards at this time.

This waiver is granted to Delaware on the condition that it will implement the following assurances:

It will continue to meet for each year of the waiver all other requirements in the ESEA, as amended by NCLB or the ESSA, as applicable, for State assessment systems and the implementing regulations with respect to the State’s academic content and achievement standards and assessments, including reporting student achievement and school performance, disaggregated by subgroups, to parents and the public.”

In addition, by granting this waiver to Delaware, it would allow Delaware to continue accountability rules that have no regulatory approval in Delaware as required by Delaware state code. Delaware has not passed a final Accountability Framework for our public schools because there is no regulation supporting this updated matrix.  As well, the Delaware School Success Framework punishes schools for participation rates below 95% on state assessments.  While ESSA allows states to decide policies and procedures with regard to a parent’s right to opt their child out of the state assessment, Delaware has not done so in any official capacity.  The U.S. DOE is approving this illegal practice in our state which is against the spirit and intent of ESSA.  No state regulations have been approved or are even in the pipeline for approval, and the U.S. DOE is in violation of the Every Student Succeeds Act.

I implore you, as well as your other Congressional leaders, to hold Secretary King accountable for his very open defiance against the intent of Congress.

Please do not hesitate to reach out to me if you have any questions.

With warm regards,

Kevin Ohlandt

Dover, DE

Below is the letter sent from Anne Whalen to Secretary Godowsky on August 5th:

View this document on Scribd

As US DOE Releases Proposed Rules For ESSA, Kline & Alexander Threaten To Pull The Plug

The first set of proposed rules for the Every Student Succeeds Act, unofficially released on May 20th, are already drawing the ire of many in Washington D.C. are not too happy with them.  Senator Lamar Alexander (TN) and US Rep. John Kline (MN) issued a press release today advising the United States Dept. of Education and Secretary of Education John King that if the proposed rules for regulation do not match the sprit and intent of the law they will take measures to overturn the proposed rules.

Both Kline and Alexander feel the federal overreach, which ESSA was supposed to get rid of, is still there.  This is not the first time in recent months they have blasted John King over the US DOE’s interpretation of the ESSA.  But as the proposed rules come out, expect a vicious fight in D.C.

Below are the proposed rules sent out for public comment.  They will be published in the Federal Register on May 31st, next Tuesday.  Also below are a summary of the proposed rules, a chart, the press release issued today by the US DOE on the proposed regulations, the Title I approved consensus for regulatory language on assessments, and the press release issued today by Kline and Alexander.

NOTICE OF PROPOSED RULEMAKING FOR REGULATIONS UNDER ESSA FOR ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING TO APPEAR IN FEDERAL REGISTER ON 5/31/16

US DOE SUMMARY OF PROPOSED REGULATIONS ON ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING UNDER ESSA

US DOE CHART ON PROPOSED ESSA REGULATIONS

PRESS RELEASE FROM US DOE ON PROPOSED REGULATIONS, 5/20/16

TITLE Ia: APPROVED CONSENSUS REGULATORY LANGUAGE FOR ASSESSMENT IN ESSA, 4/19/16

PRESS RELEASE ISSUED BY HOUSE AND SENATE EDUCATION COMMITTEE CHAIRMEN, 5/26/16

House and Senate Education Committee Chairmen: ESSA Accountability Regulations Need Close Review
Chairmen say if regulation doesn’t follow law, they will seek to overturn it through Congressional Review Act

WASHINGTON, D.C. | May 26, 2016 – House Education and the Workforce Committee Chairman John Kline (R-MN) and Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN) released the following statements after the Department of Education released its proposed regulation implementing “accountability” provisions in the Every Student Succeeds Act. This proposed regulation is the first step of the regulatory process. The public will have 60 days to comment on the proposal.

Congressman Kline said: “Congress worked on a bipartisan basis to move the country away from the prescriptive federal mandates and requirements of No Child Left Behind. We replaced that failed law with a fundamentally different approach that empowers state and local leaders to determine what’s best for their schools and students. I am deeply concerned the department is trying to take us back to the days when Washington dictated national education policy. I will fully review this proposed rule and intend to hold a hearing on it in the coming weeks. If this proposal results in a rule that does not reflect the letter and intent of the law, then we will use every available tool to ensure this bipartisan law is implemented as Congress intended.”

Senator Alexander said: “I will review this proposed regulation to make sure that it reflects the decision of Congress last year to reverse the trend toward a national school board and restore responsibility to states, school districts, and teachers to design their own accountability systems. The law fixing No Child Left Behind was passed with large bipartisan majorities in both the House and the Senate. I am disappointed that the draft regulation seems to include provisions that the Congress considered—and expressly rejected. If the final regulation does not implement the law the way Congress wrote it, I will introduce a resolution under the Congressional Review Act to overturn it.”

Delaware DOE Breaks Federal Law By Sneaking In Amendment To ESEA Waiver Without Public Notice

The mischievous and law-breaking Delaware Department of Education actually snuck in an amendment to their ESEA Flexibility Waiver without notifying the public at all.  As required by Federal law, any changes to a state’s ESEA Flexibility Waiver MUST have a public announcement indicating the proposed change.  As well, there is a public comment period required where anyone can comment based on the public announcement.  But as usual, the Delaware DOE does as they see fit and continue to break laws with no oversight or accountability…

I just found this on their website today.  I love how they include in their document to US DOE that they are attaching the pages in their ESEA waiver with red-lined parts where this amendment would change their waiver, but don’t have a link for the public to see this change.  And let’s be honest, this change wasn’t brought forth because of parents clamoring for it.  It was brought forth because the Delaware DOE was wetting their pants over how many juniors opted out last year!  It also references the February 19th, 2016 redline of the US DOE approved ESEA Waiver request, but no document is listed on the page anywhere.  So what does this mysterious document even say?

In regards to the other ESEA waiver the Delaware DOE is asking for public comment on, nothing is listed on the ESEA portion of the Delaware DOE website.  But the ironic part about that ESEA waiver is US DOE told Delaware DOE not to worry about having the DESS Advisory Committee comment on it, even though that is required by law.  So we have US DOE telling us to break the law and don’t worry about it, but they want us to submit this ESEA waiver even though it will be null and void as of August 1, 2017 when ESSA (Every Student Succeeds Act) goes into effect.  Or will it?  We won’t know until the regulations come out in the coming months.  I see this as a way for US Secretary of Education John King to continue the legacy of Arne Duncan by essentially bribing states with these waiver schemes.  And of course all this comes out after the Senate confirms the snake.

I was at the December State Board of Education where there was an “open discussion”.  Secretary Godowsky said something to the effect of “We are excited to make this change and I think we will have an announcement very soon.”  An “open discussion” would indicate the public was allowed to comment on this during this exchange.  That was not the case.  You can listen to the audio here.  Godowsky did mention many things would need to be ironed out with US DOE during this “open discussion”.  By submitting this ESEA flexibility waiver on March 29th, 2016, three months after Governor Markell and Godowsky announced the switch, how is that ironing things out?

As well, all the prior “stakeholder feedback” was meant to discuss the possibility of the issue.  That should NOT be counted as official public comment required under ESEA law.  But this is the Delaware DOE and the US DOE who bend and shape the laws to their own benefit.  And our Delaware legislators and US legislators just sit back and let it happen.  Wasn’t the whole point of ESSA to stop the US DOE from pulling this kind of crap?  And here we are in Delaware with not one, but two ESEA waivers with very questionable legality issues surrounding both of them.

And what exactly is going on with the DESS Advisory Committee?  Did they cancel them as a group since ESEA was going to be eliminated soon anyways?  But based on that line of thought we shouldn’t be submitting anything regarding ESEA.  Or is this just another way to try to get the feds to approve Delaware’s cockamamie opt out penalty into the Delaware School Success Framework?  Since they didn’t approve that based on their  November resubmission of the ESEA waiver request as a condition of their July approval of the ESEA waiver request because of ESSA.  Are you as confused as I am?  My head is spinning…

Breaking News: ESEA To Continue For “Several Years” Even With Implementation Of ESSA

Yesterday, I broke the  news that the Delaware Department of Education was going to be submitting another ESEA waiver.  Even though the Every Student Succeeds Act forbids these waiver schemes.  I reached out to the Delaware DOE for more information on this latest waiver, and received the following information from Alison May, the Public Information Officer at the DOE.  Below is what Alison sent me, including the letter Ann Whalen sent to all the states, along with the letter states would need to sign to get the waiver.  Note the part I bolded which extends ESEA waivers well after ESSA will be implemented.  There are serious games afoot here.  Is John King already abusing his authority?  Will Congressman John Kline (MN) intervene and stop this dead in its tracks?

Meanwhile, like with all previous ESEA flexibility waivers, state education agencies are required to get public comment on the waivers.  With three weeks time, how can this happen?  Some district boards don’t meet again until after the April 15th deadline.  Don’t they also have to submit any ESEA waivers to the Delaware Education Support System (DESS) advisory council?  How could that happen, as required by Delaware law, if the meeting scheduled for this week is canceled and no meetings are scheduled between now and April 22nd?

We are already losing a week due to Easter/Spring break.  As well, the Delaware General Assembly will be off for two weeks after this week.  How is the Delaware DOE going to make sure everyone sees this?  Or is just merely putting a notice up, hidden away on their website, or sending out a tweet, sufficient?  Thank God I find these things when I do!  This is the same kind of non-transparent information they put out there like the Accountability Framework Working Group last year.  They count on folks not looking for or even knowing where to find this information.  Too bad they didn’t count on me!

If the Delaware DOE’s deadline is April 15th, and this information is due to US DOE on April 22nd, does this mean the State Board of Education will put it up as an action item at their April 21st meeting?  Will they allow public comment on an action item which they typically don’t due to their archaic rules?

FW: FW: Letter from Senior Advisor Whalen re: Speaking and Listening Waiver People 

• May Alison <alison.may@doe.k12.de.us>
• Today at 7:44 AM

To

• ‘kevino3670@yahoo.com’

 

Attachments

• Speaking and Listening Waiver Request Template.docx

 Per your request, please see below and attached. This guidance also is posted on USED’s website.

Alison

From: Honeysett, Adam [mailto:Adam.Honeysett@ed.gov]
Sent: Wednesday, March 02, 2016 9:17 AM
Subject: Letter from Senior Advisor Whalen re: Speaking and Listening Waiver

March 2, 2016

Dear Chief State School Officer:

This letter is following up on information I provided in fall 2015 regarding the peer review of State assessment systems.  In a letter on September 25, 2015, I indicated that the U.S. Department of Education (ED) would provide additional information regarding how a State could request a limited waiver of the requirement that its assessment system cover the full range of its academic content standards for speaking and listening, if the State has adopted those as part of its reading/language arts standards.

Over the past several years, States have been working hard to establish and implement challenging, State-developed academic content standards and creating an assessment system that supports student learning and is aligned to those standards as part of a broader strategy to ensure that all students graduate from high school prepared for college and careers.  ED is aware that many States have adopted speaking and listening content standards as part of their reading/language arts standards.  However, we realize that measuring speaking and listening skills in a large-scale summative assessment may not be practicable at this time.  Therefore, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), if a State’s reading/language arts content standards include speaking and listening standards, ED invites the State to submit a request for 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 at this time.  ED is only inviting this waiver with respect to aligning assessments with speaking and listening standards.

If your State is interested in applying for this waiver, ED is providing the attached template to aid your request.  A State may request a speaking and listening waiver through the 2016-2017 school year.  ED will continue to work with States to develop best practices with respect to assessing speaking and listening on large-scale assessments and may allow States to request an extension of the waiver for subsequent years based on their demonstrated progress towards implementing an assessment that measures speaking and listening standards.  Please note that receipt of this waiver does not alleviate the other requirements regarding the State’s assessment system as identified in the assessment peer review guidance, including the requirement to provide appropriate accommodations to all students, including students with disabilities and English learners.

In order to meet the requirements for a waiver under ESSA, a State must provide the public and any interested local educational agency (LEA) in the State with notice and a reasonable opportunity to comment and provide input on the request to the State.  In addition, the State must provide notice and a reasonable time to comment to the public and LEAs in the manner in which the State customarily provides similar notice and opportunity to comment to the public.  In order for this information to inform the peer review of your State’s assessment system this spring, we request interested States to submit their requests no later than April 22, 2016.  This will enable ED to make timely decisions and allow your State to meet its deadline for submitting the remainder of its assessment documentation for peer review.

Please contact Patrick Rooney (Patrick.Rooney@ed.gov) or your OSS State contact (OSS.[State]@ed.gov) if you have any questions or concerns.  Thank you for your continued commitment to our nation’s students.

Sincerely,

Ann Whalen

Senior Advisor to the Secretary Delegated the Duties of Assistant Secretary for Elementary and Secondary Education

Attachment

cc:        State Title I Directors

            State Assessment Directors

Council of Chief State School Officers

EXAMPLE OF REQUEST TO WAIVE THE SPEAKING AND LISTENING REQUIREMENT UNDER THE EVERY STUDENT SUCCEEDS ACT (ESSA)

Ann Whalen

Senior Advisor to the Secretary

Delegated the Duties of Assistant

Secretary for Elementary and Secondary Education

Office of Elementary and Secondary Education

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

 

Dear Ms. Whalen:

I am writing to request a waiver, pursuant to section 8401(b) of the Every Student Succeeds Act (ESSA), of section 1111(b)(3)(C)(ii) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), that [State]’s assessment system measure the full range of the State’s academic content standards. [State] requests this waiver only with respect to measuring the State’s speaking and listening content standards, which are part of the State’s reading/language arts academic content standards.  [State] requests this waiver because it is not practicable at this time for [State] to administer a large-scale summative assessment that includes speaking and listening standards.  This waiver will advance student achievement by permitting [State] to have a valid and reliable assessment system that measures the full range of the rest of the State’s academic content standards while providing time to complete the work necessary to have a valid and reliable measure of speaking and listening content standards.

[State] requests this waiver to allow for continued State and local receipt of Title I, Part A funding in good standing while [State] completes additional work to develop accurate, valid, reliable, and instructionally useful assessments related to speaking and listening. This waiver is requested for the 2015-2016 school year [(if requesting) through the 2016-2017 school year].  [State] assures that, if it is granted the requested waiver —

• It will continue to meet all other requirements of section 1111(b)(3) of the ESEA, as amended by NCLB, and implementing regulations with respect to all State-determined academic content standards and assessments, including reporting student achievement and school performance, disaggregated by subgroups, to parents and the public.
• It will continue to work toward assessing speaking and listening consistent with the State’s academic content standards.

 

Prior to submitting this waiver request, [State] provided all LEAs in the State with notice and a reasonable opportunity to comment on this request. [State] provided such notice by [insert description of notice, e.g., sending a letter to each LEA on [date] or sending an email to each LEA on [date]] (see copy of notice attached).  Copies of all comments that [State] received from LEAs in response to this notice are attached hereto.  [State] also provided notice and a reasonable opportunity to comment regarding this waiver request to the public in the manner in which [State] customarily provides such notice and opportunity to comment to the public [e.g., by publishing a notice of the waiver request in the following newspapers; by posting information regarding the waiver request on its website] (see attached copy of public notice).

Please feel free to contact me by phone or email at [contact information] if you have any questions regarding this request.  Thank you for your consideration.

Sincerely,

ESSA Killed The Delaware DOE’s Opt-Out Penalty

When President Obama signed the Every Student Succeeds Act last December, he actually helped Delaware immensely in regards to opt-out.  The Delaware DOE submitted their updated ESEA Flexibility Waiver to US DOE at the end of the November.  Two weeks before that, the Delaware State Board of Education voted on the participation rate penalty in the Delaware School Success Framework which was submitted to US DOE for approval.  As a result of ESSA, the US DOE is not signing off on anything that goes into effect after August 1st, 2016.  Since their original ESEA Flexibility Waiver submitted last March had it snuck in there at the last minute based on final recommendations by the Accountability Framework Working Group, the participation rate penalty in the DSSF can not be considered enforceable.

The updated Delaware Regulation 103, which was postponed by the State Board of Education last September after parents, educators, and a legislator had an open revolt at the State Board of Education meeting that month, was based on US DOE approval of the waiver request.  Since it is essentially null and void, Delaware can not insert the participation rate penalty into state code.

The caveat is the US DOE will be issuing regulations surrounding the Every Student Succeeds Act in the next few months.  That could change the conversation again at a later date, but I would assume the Delaware DOE will be unable to enforce the participation rate penalty on the DSSF for the 2015-2016 school year.  So no school should be citing the opt-out penalty to ANY parent when the parent wants to opt their child out of the Smarter Balanced Assessment because that would technically be ILLEGAL to do so!

So Delaware parents, you can strike that off the list of reasons you shouldn’t opt your child out of the Smarter Balanced Assessment this year.  Despite the crazy State Board of Education meeting, this was very refreshing news to hear.  I emailed the DOE earlier this week and today I spoke to Susan Haberstroh at the DOE about whether or not the US DOE ever approved the request.  She explained they didn’t and why.  But she did inform me of the upcoming regulations from the US DOE which will truly test the power of ESSA in limiting the federal role in public education.

US DOE Promises Funding Cuts To States Who Miss Participation Rates Two Years In A Row, Contact President Obama Now!

In a letter sent to all states in America, the United States Department of Education is pulling the lever towards federal funding cuts to states who have participation rates below 95% on state assessments two years in a row.

If a State with participation rates below 95% in the 2014−2015 school year fails to assess at least 95% of
its students on the statewide assessment in the 2015−2016 school year, ED will take one or more of the
following actions: (1) withhold Title I, Part A State administrative funds; (2) place the State’s Title I,
Part A grant on high-risk status and direct the State to use a portion of its Title I State administrative
funds to address low participation rates; or (3) withhold or redirect Title VI State assessment funds.

Yes, they are actually doing it.  I would go with option number 3 for Delaware.  We don’t want your stupid state assessment funds.  Go ahead.  I dare you to do this US DOE.  You are nothing but bullies, flexing your muscles in direct opposition to parental rights.  You are complete idiots if you think parents are going to take this lying down.  We challenge you.  Miss Ann Whalen, “delegated the authority to perform the functions and duties of Assistant Secretary for Elementary and Secondary Education”.  Who gave you this authority?  The departing Arne Duncan or the incoming John King?  You still don’t get it, do you?  Schools cannot and should not be punished for parents exercising their God-given, fundamental and constitutional rights for their children when it comes to education.  Yes, all schools are required to make sure students participate in the test.  That means the schools can’t tell parents to opt out.  There is nothing in your insane, ridiculous, mind-boggling, hateful, punitive, and disrespectful law about parents exercising their rights.  You are twisting the knife in public education.  America is tired of your high-stakes assessments meant to punish schools and feed the wallets of corporate education reformers.  You have sold your soul to Wall Street. 

President Obama, you are a lame-duck.  Are you really going to have this be your education legacy?  Choosing business over children?  Cutting funds to schools where standardized testing doesn’t mean a damn thing to students whose lives have not improved under your presidency?  You disrespect parents.  You disrespect minorities.  You disrespect students with disabilities.  You disrespect teachers.  You disrespect schools.  You disrespect state rights.  You disrespect those in low-income or poverty.  I disrespect you if this is really the route you want to take.  If this is something you are okay with, if this is something you allow, you should be prepared to take the heat for it.  I invite every single parent of a child in public school in America to call you now, until this mandate is GONE, and voice their vehement opposition to this totalitarian rule from the federal government on education.  Call today.  The phone number for the White House is 202-456-1111.  You can email President Obama here: https://www.whitehouse.gov/contact and tweet him at @WhiteHouse or you can comment on every single article the White House puts out here: https://www.facebook.com/WhiteHouse/timeline.  Tell the President your child is not his child.  Your child is not the property of the United States Department of Education.  Tell him your child is YOUR CHILD.  And you know what is best for them in determining YOUR CHILD’S education. 

To read the US DOE’s ultimate bully letter to the states, please see below:

President Obama Signs Every Student Succeeds Act, How Will Delaware DOE & Markell Respond?

It is now official! President Barack Obama signed the Every Student Succeeds Act today after the US Senate passed it yesterday.  No Child Left Behind is dead.  Welcome to a new era.  While there is certainly more flexibility in this bill, it almost seems as though Governor Markell and the Delaware DOE have been carefully setting things up in anticipation of what was in the final bill.  Which makes me wonder how much was known to Governors and state DOEs ahead of time.  And I’m talking years ahead of time.

We have a bizarre new charter school Race To The Top embedded in here, which will cause a feeding frenzy in Delaware once the charter “moratorium” is lifted.  And if the Wilmington Education Improvement Commission plan for the redistricting in Wilmington, look for Red Clay’s board to be very busy with new charter applications in the coming years.

For teachers, they got some leeway on evaluations stemming from standardized test scores, but the perks for teacher prep programs like Teach For America and Relay Graduate School will make sure we see an increase in this practice in Delaware.

Standardized testing is still here, and unless the General Assembly votes to get rid of Smarter Balanced (which they should), we are stuck with it for the next five years.  Which means we are also stuck with Common Core as well, even though the ESSA gives states leeway on making their own state standards (but they still have to be approved by the US Secretary of Education).  Students in 3rd to 8th grade still have to be “standardized” with the state assessment, and once in high school.  For opt-out, the bill states it is up to the states to handle it.  The House Bill 50 veto by Markell can’t happen fast enough.

I will be going into this legislation more in-depth in the coming weeks and picking it apart, piece by piece.  I started to do that, but a lot happened between now and then.  Fighting it took up a lot of time, but even though it passed, more folks are aware of what is going on because of the fight, so it was worth it.

Appoquinimink Up To Their Dirty Tricks Again With Opt-Out/Legal Letters…Just Refuse The Test!

The Appoquinimink School District in Delaware is continuing their intimidation of parents when they opt their child out of the Smarter Balanced Assessment.  It looks like they added some wording to the 2015-2016 edition about the testing windows.  Once again, with gusto, the ESEA doesn’t even address parents opting their children out of the state assessment.  The laws in ESEA deal with schools not testing students,  not parents.  Once upon a time, schools would discourage students from taking the test to improve their scores.  That was why that law was written.  Why is Appo continuing this false impression after I posted their 2014-2015 letter 8 months ago?  Say, didn’t the Delaware PTA ask Delaware Attorney General Matt Denn for a legal opinion of this letter?  Whatever happened to that?  Paging Yvonne Johnson…

I love how this letter states it was sent via regular mail AND certified.  From what I’m hearing, a child under the age of eighteen signed for it.  So does that make the certified mail drop-off even legal?  Delaware parents, you may get letters like this from other school districts or charters.  I would be creative with it.  Teach a younger child how to make paper airplanes.  Teach them how to do origami.  Or that thing where it becomes eight sides with all the questions on it.  Don’t sign it, and don’t send it back.  They want you to acknowledge a law that doesn’t even apply to you.  Continue opting your child out, and when the district comes back and asks why you didn’t respond, let them know you already gave them your letter, conversation over.  The override of Governor Markell’s parent disrespecting House Bill 50 veto by the 148th General Assembly can’t come soon enough.

 

Hey Appo Board: How about getting off your weak knees and actually pass an opt-out policy like Red Clay and Christina did this fall.  Or even a resolution like Capital did.  Stop kissing DOE’s  you-know-what and show some spine!

An Open Challenge To Governor Markell, Secretary Godowsky & DOE Regarding Opt-Out

I just sent Governor Markell and the DOE an email with a request for the final Accountability Framework Working Group meeting on Tuesday at 10am.  Anything less than this will not be sufficient for myself and the growing number of parents who will exercise their parental rights to opt their child out of the Smarter Balanced Assessment.

From: Kevin Ohlandt <kevino3670@yahoo.com>
To: Godowsky Steven (K12) <steven.godowsky@doe.k12.de.us>; Schwinn Penny <penny.schwinn@doe.k12.de.us>; Reyna Ryan <ryan.reyna@doe.k12.de.us>; Markell Jack <jack.markell@state.de.us>; O’Mara Lindsay (Governor) <lindsay.omara@state.de.us>
Sent: Friday, November 13, 2015 9:53 AM
Subject: AFWG Meeting on 11/17

Good Morning Dr. Godowsky, Dr. Schwinn and Mr. Reyna,

I understand there is to be another Accountability Framework Working Group on 11/17/15 at 10am in the Cabinet Room at the Townshend Building in Dover.  I have to admit I was taken aback at Dr. Godowsky’s suggestion last week at the Delaware State Board of Education Retreat that he was not going to accept the AFWG’s recommendations for the Delaware School Success Framework.

What I am asking of the three of you for Tuesday’s meetings is actual documentation, on United States Department of Education letterhead, why Delaware would have to impose the harsh opt-out penalties based on US Congressionally approved laws and regulations.  I’m sorry, but hearing from Dr. Schwinn vocally about what US DOE requires is not enough.  I want to see, in writing, why this is necessary.  Vague letters from an employee no longer at US DOE, and non-regulatory guidance from US DOE is not sufficient.  Not for something this big.  The letter from US DOE provided to then Secretary Murphy places the burden of opt-out on schools, meaning they cannot pick students to opt out.  The law absolutely says nothing in regards to parental opt-out.  While I agree schools should not make that choice as some have done in the past, it is fundamentally, morally, and legally wrong to infer that parents can not opt their child out of the state assessment.

I am writing this on behalf of all the parents who have either already opted their child out of the Smarter Balanced Assessment, those who will be doing so, and those who have intimidation and what amounts to bullying tactics perpetrated on them by schools in Delaware who are not honoring their parental rights which are the underpinnings of our society.  Parents should not live in fear about consequences for a school if they choose to exercise their fundamental and Constitutional rights, as established by the U.S. Supreme Court on many occasions.

If this is a mandate from Delaware Governor Jack Markell, I would challenge him to come to this meeting in person to make clear his justification and reasoning for this. If he is unable to attend, then I would like him to craft a letter on State of Delaware Governor letterhead with a legal basis for this mandate.

To not honor parental rights and to punish schools for a parental decision is a slap in the face to parents and schools.  If the intention is to punish schools for parental decisions, this is abhorrent and a disgrace.

Thank you,

Kevin Ohlandt,

on behalf of the Opt-Out Parents of Delaware

Delaware Receives Extension Of Time On ESEA Renewal Waivers

The United States Department of Education granted Delaware an extension on their latest Elementary & Secondary Education Act (ESEA) Renewal.  The deadline had been October 31st, but the Delaware DOE was granted a reprieve until November 24th.  This will allow the State Board of Education to vote on the Delaware School Success Framework (DSSF) which is the only pending item from Delaware’s ESEA Flexibility Renewal originally approved in July.

The DSSF gained quite a bit of controversy when this blog revealed to the public there were plans to have harsh penalties to Delaware schools if they missed the 95% participation rate based on opt-out of the Smarter Balanced Assessment.  The Accountability Framework Working Group met in September and October and the group opted for the participation rate penalty of no school being a Reward School if they did not meet the 95% threshold.  As well, schools must write a report to the DOE on how they plan to get the participation rate back up.  A high school in Red Clay had 40% participation with high school juniors.  The prior penalty had the proficiency rate of schools multiplied by the participation rate.

This could still happen if the State Board of Education, who has the final say, votes for that part of the school report card.  The State Board of Education meets on November 19th.  Public comment will not be allowed on this due to it being an action item for the meeting.  The new Secretary of Education for Delaware, Dr. Steven Godowsky, said he doesn’t think the multiplier will be approved by the State Board, but he did not come out and say this as a definite.  The DOE claims they MUST have some type of punishment, but this is highly controversial based on the US DOE not having this written as a law or approved regulation.  The US Congress has never approved anything of this sort.

If the State Board does pass the multiplier penalty, look for the DOE and State Board getting a ton of grief.  In the end, the final say is actually Delaware Governor Jack Markell.  The Secretary and the State Board are appointed by Markell, and they “serve at the pleasure of the Governor”.

Public Comments From Delaware’s ESEA Flex Renewal Request

This can be read anywhere, but you came here!  In this document are the public comments from the public comment period prior to Delaware submitting their Elementary & Secondary Education Act Flex Renewal for the 2014-2015 school year.  There is a very specific reason I am posting this, which will be forthcoming in another article, but remember this…

United States H. R. #2382 Would Allow Parents To Opt Out Of Standardized Assessments Under Federal Law

On May 15th, Congressman Tom Reed from New York introduced H. R. #2382, a parent opt-out bill that would allow parents to opt out of any standardized assessment required by the Elementary and Secondary Education Act.  For many states, this would include the Smarter Balanced Assessment and the PARCC Assessment.  Co-sponsored by Democrat Rosa DeLauro from Connecticut and Republican Chris Gibson from New York, the bill will go to the House Committee on Education and the Workforce.

I would strongly urge all supporters of parent opt-out to contact their United States Representatives and Senators.  If this bill goes through it would make this the law of the entire country.  No text for the proposed legislation has been released at this point, but it will certainly be one to follow closely.  Two of the main sponsors are from New York, which had the most amount of opt-outs in the entire country.  If you currently have a parent opt-out bill in your own state, don’t think this will replace that.  If this bill does not pass and your state bill does, it would be more fuel to get something through at a Federal level down the road.

Delaware School Districts: Read The Law Correctly, Stop With Your Illegal Letters To Parents

Here we go.  Another Delaware school district following the path of least resistance by adhering to a faulty and illegal Delaware Department of Education “template” for parent opt out of the Smarter Balanced Assessment.  There is nothing in the ESEA that says a parent can’t opt their child out either.  Keep hanging yourselves.  Which district got caught with their hands in the “illegal response to parent opt out letter” jar this time?

Federal Guidance States Specific Interest Is Not An Enrollment Preference For Charters, Delaware In Violation

“A charter school may weight its lottery to give slightly better chances for admission to all or a subset of educationally disadvantaged students if State law permits the use of weighted lotteries in favor of such students.”

Early College High School, the new charter school that opened in Dover, DE this academic year submitted a request for a major modification.  On February 2nd, they had their meeting with the Charter School Accountability Committee.  What happened at this meeting looks like it took the Charter School Accountability Committee completely by surprise.  It turns out, Federal charter school law does not allow specific interest as an enrollment preference for admission to a charter school.

Early College High School’s major modification request was to change their enrollment preference to take out both the specific interest clause and weighted enrollment preference for the children of any of the school’s founders.  The school said they were applying for a Federal grant through the non-SEA Charter School Program, and found out through the US Department of Education that specific interest is not an allowable enrollment preference for any charter school in the country.  They wanted this modification to be in alignment with Federal practices.

I looked for this, and found out that yes, specific interest is not an allowable enrollment preference under any circumstances.  And this is based on Title VI of The Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of The Americans With Disabilities Act of 1990, and Section 5204 (a) (1) of The Elementary and Secondary Education Act of 1965.

This is all written out in the Charter School Program non-regulatory guidance document from Fiscal Year 2014, with Section E, pages 17-22 giving all the details.

So now my question would be how in the world would the two charter school authorizers in the State of Delaware not know this?  Those would be the Delaware Department of Education and Red Clay Consolidated School District.  Who gives these authorizers legal guidance?  How many students in Delaware were picked for charter schools under the specific interest clause and how many students were turned away because they did not pick it?

Ironically, Delaware state law grants permission for the specific interest clause.  It allows the following enrollment preferences for charter schools:

• Students residing within a five-mile radius of the school
• Students residing within the regular school district in which the school is located
• Students who have a specific interest in the school’s teaching methods, philosophy or educational focus
• Students who are at risk of academic failure
• Children of persons employed on a permanent basis for at least 30 hours per week during the school year by the charter school.Preference may also be given to siblings of current students and students attending a public school that is converted to charter status. Children of founders may also be given preference up to 5 percent of the school’s total student body.

The most noteworthy charter school in Delaware that utilizes the specific interest category is the Charter School of Wilmington.  This is one of the three named schools in the ACLU lawsuit against Delaware Department of Education and Red Clay Consolidated, along with Newark Charter School and Sussex Academy of Arts and Sciences.  Newark Charters School actually grants the school director discretion to pick applicants before the lottery.

Even the National Alliance for Public Charter Schools gave Delaware a bad rating in this category for their national state rankings report for charter schools, found here: http://www.publiccharters.org/get-the-facts/law-database/states/DE/

Stemming out of Delaware’s House Bill 90, State Rep. Kim Williams created the enrollment preference task force which is still in force.  The next meeting will be very interesting given this information.

 

 

US DOE & Arne Duncan Drop The Mother Of All Bombs On States Special Education Rights

In a stunning announcement that came out today, the United States Department of Education has decided to take away state rights in regards to curriculum and state assessments for special needs students.  Without any legislative approval, Arne Duncan has taken it upon himself to invalidate years of IDEA law and special education regulations.  This news broke today from this blog:

http://whatiscommoncore.wordpress.com/2014/11/24/federal-secretary-of-education-to-phase-out-the-authority-of-states/

And here is the new ruling:

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201410&RIN=1810-AB16

Here’s what you need to do: email AND call your state senator and state representative in the US Congress.

For Delaware citizens, here are our representatives in Congress and how to contact them:

https://forms.house.gov/carney/webforms/email-me.shtml

http://www.carper.senate.gov/public/index.cfm/email-senator-carper

http://www.coons.senate.gov/contact/

I would also email John Kline, the head of the Education and Workforce Committee in Washington D.C.  at this address and let him know Congress needs to stop this NOW!!!!  The ruling states this is to go in effect January 1st, 2015.

https://edworkforce.house.gov/contact/

This is tantamount to war on special education in America.  I called this months ago, and now it is out there.  This is the same man who thrust Common Core on all schools and dangles carrots with the ESEA waivers constantly.  The man who believes every student, even those with a disability, should have a baccalaureate education and rigor should be used daily.

For residents of Delaware, your Governor Markell helped with this.  With his powerful backing from Dr. Paul Herdman and Rodel, our children’s special education rights are GONE if this goes through.  We all need to take a stand, every single one of us.  If you sit back and do nothing, your child WILL suffer.

I just found an excellent letter to send.  Thanks to Stacey Kahn from the Facebook group NYS Special Needs Parents Against Common Core for allowing me to repost it here!

Parents and teachers the time has come. As we all knew, the United States Department of Education, as directed by Arne Duncan, has decided to attempt to override special education and the laws that protect our most vulnerable students. The rights and rules both we and our own parents fought so hard for are being dismantled by the US Department of Education to pave the way for the inappropriate rigor of common core. If we do not speak out against this newest injustice, special education as we know it will dissolve.

Please take a few moments to contact your legislators through pen, phone, or email. Let them know they must get involved. The USDOE has gone too far. The same people who seem to put profits before people have again trampled the rights of students who struggle enough. Common core is enough of an injustice. To remove state authority to assist our special needs students is the final straw.

Attached is a letter template for your use. Feel free to add your own thoughts, the more personal the better. Let these legislators know your special needs children are worthy of a fair and appropriate education that isn’t driven by corporate gain and workforce readiness. All students are unique. The one size fits all mentality of common core has come to the head we knew it would. Please let your representatives know this is the time they must get involved, these children don’t get a second chance to be treated with respect, equity, and compassion.

For your immediate attention  (insert title and last name here):

We as parents, educators and citizens of the United States, are contacting you because it has come to our attention that there is a real and imminent threat to the states’ sovereignty with regards to education, and more importantly, to its most vulnerable citizens.

Arne Duncan, the Secretary of Education has submitted a proposal to the Office of Information and Regulatory Affairs.
Directly from the proposal is the following:
“The Secretary will amend the regulations governing title I, part A of the Elementary and Secondary Education Act of 1965, as amended (ESEA), to phase out the authority of States to define modified academic achievement standards and develop alternate assessments based on those modified academic achievement standards in order to satisfy ESEA accountability requirements. These amendments will permit, as a transitional measure, States that meet certain criteria to continue to administer alternate assessments based on modified academic achievement standards and include the results in accountability determinations, subject to limitations on the number of proficient scores that may be counted, for a limited period of time.”

If this amendment is passed, it will signal the end of special education as we know it in this country’s public education system. Secretary Duncan has already stated that he feels that students with disabilities can and should be held to the same “rigorous” Common Core State Standards, as their fellow neuro-typical classmates. To give him the power to supersede the states regulations regarding allowable modifications and/or alternate assessments for these students sets a dangerous precedent.

Secretary Duncan has already weakened the Individuals with Disabilities Act (IDEA).If allowed to proceed with this amendment, the Americans with Disabilities Act is in jeopardy as well. None of these changes were ever voted on by any legislative body.

Our states are losing their sovereignty in education on an almost daily basis. How much more are we as states and as citizens willing to hand over to the Federal Government?

We need our legislators to stand up and say enough is enough. We are a bipartisan group of citizens. Please put political parties aside and do what is best for our children and our country. We are counting on you!