Governor Carney Is NOT Letting The Sunshine In!!!!

In February, Delaware Governor John Carney brought back the Family Services Cabinet Council through Executive Order #5.  Many in Delaware thought this was a good thing.  But apparently transparency took a backseat to this return.  The group met on Wednesday, April 5th, 2017 in a meeting that was closed to the public and press.  What is the point of this council if it is not able to be seen by the public?

I discovered this when I was looking at the Governor’s public schedule last week.  I also view the Delaware Public Meetings Calendar and did not see this on there.  I would have attended this meeting had it been made public but I never had the chance.

For a council that is responsible for recommendations for so many issues in Delaware, I am shocked they wouldn’t let the public in on it.  To that end, I emailed Governor Carney’s staff about this gross oversight on April 6th.  Over a week later and NO response.

This is the kind of crap I would expect from former Delaware Governor Jack Markell.  I truly hoped Governor Carney would be different.  But I am not seeing that marriage between the state and the public.  Especially with a council as important as this one.  So what are the areas this council covers that Carney doesn’t want the public to hear conversation about?

If this council isn’t open to the public will we ever see any minutes from their meetings?  Attendance?  Who else is invited?  What they are even doing?  I urge Governor Carney to answer these questions and make this council open to the public.  Delaware got an F for transparency and came in 49th out of 50 states in an evaluation of public transparency at the end of 2015.  That should have ended on January 17th, 2017, the day Governor Carney swore his oath of office and promised the citizens of Delaware he would listen to the people.  I expect more from you Governor Carney!

For those who have been following this blog the past few years, I have written many articles about the eventual goals of the corporate education reformers and this council seems to be moving things along in that direction.  Especially when it comes to strengthening the “public-private partnerships”.

The mission of the Council shall be to design and implement new service alternatives for school and community-based family-centered services, and otherwise act as a catalyst for public-private partnerships to reduce service fragmentation and make it easier for families to get supportive services.

In a nutshell, this is inviting non-profits into our schools.  While some may see this as a step in the right direction, I am hesitant to think this is the cure for what ails the youth of Delaware.  Every single time a company, whether it is for-profit or non-profit, comes into our schools, it is siphoning money away from students and into the more than welcoming hands of corporations.  With that comes bad education policy because the corporations only make money off education if there is something to fix.  The measurement of what needs to be “fixed” is the standardized test, currently the Smarter Balanced Assessment in Delaware.  If there is one thing we have learned in Delaware it is the Smarter Balanced Assessment is very flawed and their consortium is extremely non-transparent and secretive.

Carney was also instrumental in getting the whole Blockchain thing going in Delaware.  If you want your children to morph into drones in the Common Core/personalized learning/digital tech/stealth testing/digital badge environment than please ignore this article.

As citizens of Delaware, we need to demand transparency from Governor Carney.  Please call the Governor’s office today.  The Dover office phone number is (302) 744-4101 and the Wilmington office phone number is (302) 577-3210.  Or you can email him here: Email Governor Carney

Secretary Godowsky And Governor Markell Recklessly Whitewash The SAT/SBAC Debacle While Violating State & Federal Law

“I, Jack Markell, do proudly swear to carry out the responsibilities of the office of Governor to the best of my ability, freely acknowledging that the powers of this office flow from the people I am privileged to represent. I further swear always to place the public interests above any special or personal interests, and to respect the right of future generations to share the rich historic and natural heritage of Delaware. In doing so I will always uphold and defend the Constitutions of my Country and my State, so help me God.” –from the Delaware Oath of Office for all publicly elected officials

Yesterday, Governor Markell and the Delaware Department of Education made a grandstand announcement about the SAT replacing the Smarter Balanced Assessment for high school juniors.  They forgot many things in their hasty announcement.  There are important and crucial reasons why this is not what it appears to be and actually violates many state and federal laws.

1. The SAT went through a “redesign” to make it tied to the Common Core standards.  This is not the same SAT high school juniors took last year.  Delaware already has horrible scores on the SAT.  With the scores based on Smarter Balanced already showing less than half of Delaware students were proficient, expect those scores to plunge even lower on the SAT.
2. House Bill 334, which brought the Smarter Balanced Assessment to Delaware explicitly states that “(j) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by the State Board of Education.”  Since the State Board of Education did not vote on this, nor have they even had this as a discussion item on their agenda, Governor Markell broke Delaware law.  The State Board would not be able to vote on this until their February State Board meeting at the earliest.  By giving the Secretary full authority on this issue, Markell is in violation of his oath of office.
3. There is no fiscal note for this unlawful change as well.  The funding for giving the SAT to all high school juniors in Delaware was part of the Race To The Top grant.  Those funds are now expired.  With the SAT at $90.00 or more, who is going to pay for this assessment?  Assuming there are roughly 10,000 high school juniors in Delaware, that price tag is now $900,000.00.
4. As Delaware State Rep. Kim Williams brilliantly pointed out yesterday, “Last year, the Governor announced that Delaware colleges agreed to use the Smarter Balance Assessment as a way to measure college readiness as Delaware students entered college. Students would be able to opt out of remedial courses if they were to score at a certain level on the Smarter Balanced Assessment, what happened to that great idea?”
5. Over the summer, Governor Markell spoke to an audience at an education “think tank” called New America.  He stated “Smarter Balanced is the best test Delaware ever made.”  Why is he replacing “the best test Delaware ever made” with the SAT?  Is Smarter Balanced no longer the “best test Delaware ever made?”
6. By far, the biggest mistake Markell and the DOE made in their haste to push this through was their complete ignorance of students with disabilities who have to take the SAT.  As per Title 14, § 151, (f) ”The Department shall establish alternate assessments for children with disabilities who cannot participate in the statewide assessment of student achievement even with appropriate accommodations and modifications. Alternate assessments must be developed and used in the statewide assessment beginning not later than the 2010-2011 school year. Each local school district, through the individual student’s Individualized Education Program Team or 504 Team, shall determine what assessment the student will take, as well as the student’s matriculation or promotion status and necessary remedial activities if the student’s performance on the assessment is below standard, and if the statewide assessment is administered, what accommodations and/or modifications will be utilized. However, no student shall be denied the opportunity to take the state assessments administered pursuant to subsections (b) and (c) of this section.”  Since the decision was made to begin this in the spring of this year, has the Governor and the DOE assured students with disabilities that the accommodations offered on the SAT will be the exact same ones offered by the Smarter Balanced Assessment Consortium?  According to the College Board website, the process for accommodations on the SAT for students with disabilities is completely different.  At a minimum, the Governor and the Delaware Department of Education have now broken IDEA law (more on this below).
7. With a letter from 10 Democrats, and not an actual resolution or bill passed by the General Assembly, Governor Markell has circumvented the legislative process.  House Bill 334 specifically states the purpose of the legislation was to transition Delaware from DCAS to Smarter Balanced.  Without an executive order, Governor Markell usurped the authority of the General Assembly and their ability to make laws in Delaware.  Since he signed the law, he has broken it.  “This bill provides for the transition of the statewide student assessment system, the Delaware Comprehensive Student Assessment (DCAS), to the Smarter Balanced Assessment System (Smarter). Specifically, the bill removes references to multiple assessments.”

In terms of accommodations for students with disabilities on the SAT, it is a minimum of a seven-week process.  The deadline to submit this application, along with consent from the student’s parent, for the March 5th test is January 15th, for the May 7th test it is March 16th, and for the June 4th test it is April 15th.  This will mean that all IEP teams will need to meet to determine what accommodations students with disabilities will need for the SAT test.  What happens if the College Board won’t accept all the accommodations students received for the Smarter Balanced Assessment?  According to the College Board website, sending an IEP or a doctor’s note is not sufficient by itself.  If Delaware State Code specifically states the IEP team decides on the accommodations but they are now subject to College Board approval, how does this even work?  In looking at the College Board website, they also ask for a great deal of personal student information including doctor evaluations and any medicine students take.  I don’t believe this is written in Delaware State Code.  The Governor and the DOE are seriously putting Delaware at great risk of potential litigation with this action.  In addition to IDEA federal law, there are also serious questions concerning private student data, FERPA, and basic civil rights for students with disabilities.

While Secretary of Education Dr. Steven Godowsky brought up working through the accommodations issue, he is not looking at the big picture at all.  In a letter sent to Delaware educators this morning, Godowsky failed to bring up many of the points I have made concerning actual laws his Department and the Governor have broken with this decision.

Message from the Secretary of Education

 

Fellow educators,

 

I hope you enjoyed the recent holiday break and have returned rejuvenated for the rest of the school year. Thank you for your continued commitment to ensure every child is prepared for success in our schools.

 

I am pleased to welcome you back with exciting news for 2016: The SAT will replace the Smarter Balanced Assessment as the state accountability test for high school juniors beginning this spring.

 

We made this decision after hearing from educators, students, families, lawmakers and others concerned about the testing burden on students, especially 11th graders who already were taking both tests.

 

We formally announced this news today, and you can learn more here. This change comes with many challenges we must overcome in a short time period, such as determining the proper accommodations for students with disabilities, and we are working through these issues. We will continue to update this site with more information in the weeks ahead.

 

This year, the SAT is also redesigned. Changes include:

 

• Two sections (plus an essay): Evidence-Based Reading and Writing, Math
• A focus on the math that matters most for college and career
• A move away from obscure vocabulary to the use of relevant words in context
• The elimination of the guessing penalty

 

Several SAT supports are available to you as well. College Board has partnered with Khan Academy to provide free SAT test practice to all Delaware students. Khan also provides personalized SAT practice based on students’ PSAT results. Through a score reporting portal, you can monitor student progress and guide them in preparing for greater SAT success. More information on the re-designed SAT, personalized practice recommendations, and important SAT dates and news is available here.  

 

Teacher guides and professional development modules are also available to support educators integrating SAT practice into their classrooms. Resources are available online, and College Board can come to districts to assist with training. Find more information here.

 

We continue to look for ways to support Delaware educators, help students, and reduce testing, and we look forward to the results of the work of an on-going assessment inventory task force to inform our state’s policy in the future.

 

In partnership,

 

Steven Godowsky

Secretary of Education

It is more than obvious Governor Markell is desperate and scared of the veto override on House Bill 50.  He is pulling out all the stops, but now he is getting very sloppy, careless and reckless.  Delaware parents have him on his toes and he really doesn’t know how to handle it.  Legislators in Delaware are now confused about what to do based on these decisions by Markell and the DOE.  The amount of discussion surrounding House Bill 50 while completely ignoring the entire purpose of the bill is sucking the oxygen out of the room.  Legislators are forgetting what this entire bill is about: parent rights, nothing else.  It is not about over-testing, or the SAT, or anything else.  It is parent rights.  Parents want it, they asked for it, and the majority of the 148th General Assembly approved it.  Everything else is subterfuge and propaganda coming from the DOE, Markell, and Rodel.

Governor Markell, in granting the authority to the Secretary of Education of Delaware, to make this decision is in violation of his Oath of Office.