Did Kilroy Join The Caesar Rodney Institute?

In the past few days, Kilroy’s Slower Delaware has posted three articles.  All of them are puff pieces for the Caesar Rodney Institute (CRI).  All three deal with CRI going after the Delaware State Education Association (DSEA) over union dues.

Earlier this year, the U.S. Supreme Court finalized the Janus decision.  This rules that states can’t automatically collect union dues.  Delaware’s biggest union, DSEA, took proactive steps anticipating this ruling.  But the Caesar Rodney Institute, a Republican think tank in Delaware, has taken a special interest on this matter right before school starts.

Kilroy might have received a new job!  Because he seems to be their blogger public relations guy!  There are dozens of things going on in Delaware education at any given time.  We have fraud and corruption.  Teacher shortages.  Charter scandals.  The Delaware DOE.  Legislation.  Regulations.  So much to write about!  Why rest your hat on the teacher union?  Come on Kilroy!  Stop spending so much time at Paradise Grill and crabbing and get back to what you do best!

DSEA President Mike Matthews’ Speech From Their Representative Assembly On 3/17

This past weekend, the Delaware State Education Association held their annual Representative Assembly.  President Mike Matthews gave the following speech to the DSEA delegates on Saturday, March 17th.  While I’ve been writing a ton about administrators and their salaries, it is important to recognize the issues many of our teachers are facing.  I felt Matthews did a good job highlighting those things and painted a clear picture of a huge danger coming to the teacher unions across our country.

My speech to the delegates of the 2018 Representative Assembly.

Time. As I travel up and down the state to talk with our members, I’m reminded of what is most valuable to them. Time. Planning time. Time with friends and family. Time to meet the needs of all students. Time to grade papers. Time to relax. Time to watch a movie. Time to exercise. Time. Time. Time.

And as we sit here today at our annual Representative Assembly, I know that the time you all have taken to do the business of our Association is valuable time. And, to that end, I’d like you to know that it’s my goal to respect your time and keep it short because, as a half-Irishman myself, this is indeed a day to celebrate. So, to those who do, I offer you a hearty Lá fhéile Pádraig sona dhaoibh!: Happy St. Patrick’s Day.

I want to say thank you for spending your time today with some of our Association’s most active union members. Since I started in this new role eight months ago, I’ve been bowled over by the support from our wonderful staff here at DSEA as well as the 13,000 members we represent. And time seems to be an issue for everyone. In my 50+ school visits since the beginning of the school year, time is all I hear about.

From the AP Language and Composition teacher at Mt. Pleasant High School who’s always looking for more time to share great works of literature with her students to the special education teacher from West Seaford Elementary who’d like more time to complete her required IEP paperwork. From the paraprofessional at Love Creek Elementary who wants her students to have more one-on-one time and resources to the music teacher at Elbert-Palmer who wishes his students could have more time playing instruments as opposed to taking standardized tests. From the food service worker at Old State Elementary who wants more time to share union information with her 10 coworkers to the secretaries across the state who want to make sure they’ve got the time during the day to simply stop and breathe. From the bus drivers and bus aides for whom TIME is certainly most important to ensure their students arrive on time to the custodians who make the best use of their time to get everything done that needs doing to keep our buildings looking great for staff and students.

Time. It matters. And, while we are always at a deficit of time to get done everything that needs doing, our members do their best to maximize the time they have to ensure our students get what they need to succeed.

However, friends, I’m here to tell you that time is not on our side, regardless of what the Rolling Stones may have told you. Last year, my predecessor, Frederika Jenner, told you the wolf was at the door in regards to policies coming down from the frightening administration of Betsy DeVos at the US Department of Education. Frederika urged us all to pay attention and be vigilant. Well, I’m here to share with you that we will have to be vigilant in the coming months as the greatest threat to our Association is handed down by the United States Supreme Court in the form of the Janus case.

Now, I will not bore you all with the details of this case. You all are among the most active members of our Association and my guess is most of you have found the time to learn more about this case. In short, the current make-up of the Supreme Court will likely chip further away at the rights of public-sector unions. Have no doubt – this will impact our membership and could very well impact how we deliver service to our members.

This Supreme Court case is called Janus, named after the plaintiff, Mark Janus, a home health care worker in Illinois. Mr. Janus believes that if you don’t want to pay fair share fees to your union, you shouldn’t have to, EVEN IF you benefit from the work the union does. In essence, when this Supreme Court decision comes down, it could create a new generation of worker that expects and demands union representation and benefits, but will refuse to pay for them.

But Janus also means something else. Several months ago, while toying around on the Internet, I Googled “Janus.” Did you know that Janus is the Roman god of endings, new beginnings, transitions, and, most appropriately, time? Janus is often depicted in mythology as having two faces. I equate these two faces to the two choices we have as an Association.

Do we twiddle our thumbs, look backwards, complain, and cry when the Supreme Court hands down a decision that, in the long run, could cost DSEA thousands of members?

Or – do we look forward? Do we pick ourselves up and fight back and show our members who we really are here at DSEA? That we are going to work harder than ever to ensure they see the value in the work we do? That we are going to continue to drive the narrative that our working conditions are our students’ learning conditions? That we are going to continue to fight for more resources for our most impoverished students – for our students with disabilities – for our English language learners? That we are going to continue to push back against bad education policies that focus more time on testing and less time on authentic learning?

It’s when we show our members as well as the public that EDUCATORS are the best advocates for students that we win the narrative. And when we win that narrative, we will never have to worry about members leaving us – because they will see themselves in the work we do.

So – I have several requests for you when you leave today. In the coming weeks and months, I need you all to be ambassadors for our Association. I need you to go back to your locals. I need you to engage all of our members – AND NON-MEMBERS. This is our greatest organizing moment and I know that we can accomplish so much and maintain the strength of our membership if we focus on several things:

Have as many meaningful one-on-one conversations with members as you can. Get them to realize that their voices are amplified in environments where collaboration is fostered and open dialogue is promoted and that our union is a critical driver in those conversations.
If you’re a local that has faculty meetings in your buildings every month, check your contract to see if the Association is given five or ten minutes of each faculty meeting to share updates. And use that time at EVERY faculty meeting to share with members – and non-members – how critical union membership is with the wolf constantly knocking on our doors.

Go to the Dollar Store. Get a 20-pack of generic greeting cards. Write notes to your elected officials and school board members thanking them for their support of public education and sharing with them how and why unions ARE always a great partner in moving education forward here in Delaware.

Finally, and most importantly, share your story. Share it with friends. Share it with family. Share vignettes on social media of why we do what we do in public education. Share your story like the story featured in this post.

There’s a lot going on in this image. I was visiting a high school in New Castle County and walked into an English teacher’s classroom. This image immediately caught my eyes. And the story behind it will stick with me forever.

I asked the teacher where this huge drawing on a whiteboard had come from. He shared with me that it was about two years old. A former student of his — a withdrawn senior who rarely ever spoke to the teacher — did it. The teacher said it was near the end of the year, the student had shown little effort, and at a certain point, there seemed to be a level of tension the teacher wished could be resolved. Eventually, the teacher said to the student “I’ve failed you. You’ve gotten through this entire school year and you’ve barely said two words to me. I’ve failed you and for that I am sorry.” The teacher left the room, upset, not knowing what to do for this student who had been withdrawn for so much of the year. Come to find out, the student had some language barriers as well as some issues at home that were causing her to withdraw.

The teacher was out of the room for a period of time and when he came back, this beautiful drawing — representing all of the pieces of literature covered in senior year — was on his whiteboard. The teacher became so overwhelmed and emotional at this display. He told me that the young lady — though barely communicative — was obviously absorbing the literature the class was reading that year.

The teacher memorialized this art by spreading a thin film over the drawing to protect it and it remains in his classroom to this day — a testament and clear sign that he, in fact — was not a failure to this particular student.

How many stories like this are waiting to be told around Delaware?

It’s stories like this that explain why we as educators do what we do. And, based on the schools I’ve visited up and down the state, this story isn’t the only one out there. You must be prepared to share your story. You must be prepared to defend the work of our union to ensure better wages, benefits, and working conditions for our members and their families. Because we must never go back to the time cited in the classic labor hymn “Which Side Are You On?” – authored in 1931 by Florence Reece, the wife of a union organizer for the United Mine Workers in Harlan County, Kentucky. Following a night of being terrorized by Sheriff J.H. Blair and men hired by the mining company to bully mine workers and prevent them from unionizing, Reece wrote this poem on a calendar that hung on the wall in her kitchen:

“Come all you good workers
Good news to you I’ll tell
Of how that good old union
Has come in here to dwell
Which side are you on, boys?
Which side are you on?
My daddy was a miner
And I’m a miner’s son
And I’ll stick with the union
‘Til every battle’s won
Which side are you on, boys?
Which side are you on?
They say in Harlan County
There are no neutrals there
You’ll either be a union man
Or a thug for J.H. Blair
Which side are you on, boys?
Which side are you on?
Don’t scab for the bosses
Don’t listen to their lies
Us poor folks haven’t got a chance
Unless we organize
Which side are you on, boys?
Which side are you on?
Which side are you on, boys?
Which side are you on?”

Now I’m not saying things are anywhere near as dire here as they were in Mrs. Reece’s world, but just know that long ago the rights we take for granted today were hard fought by someone else, and it’s up to us to find the time and ensure we protect those rights.

So, with what limited time we all have, be sure and find the time to do what will keep you strong, your families strong, your students strong, and our union forever strong. Because, as Benjamin Franklin once said, “You may delay, but time will not.”

Thank you, delegates, and remember: Solidarity Now and Solidarity Forever. 

The Heart Of Special Education Was Argued Before The U.S. Supreme Court Today

The United States Supreme Court began hearing oral arguments for the Endrew v. Douglas County School District today.  This case could determine the goal of special education in America: a bare minimum special education or a more than minimum special education.  These arguments weigh the words “significant” and “meaningful” quite a lot since it is the center of the case.  Another question is how do you measure progress for a student with an Individualized Education Program.  Does the IEP team just write the IEP and make sure the student is on target to perform as well as their non-disabled peers or do you go above and beyond?

Another huge issue is funding for special education.  The fact that the Federal government spends less than 15% of what they promised to do for special education is a large problem.  It was not the Congressional intent to dump all of this on the states and local school districts but that is exactly what happened.  As well, what does “standard” mean in this context?  Is it the Common Core State Standards and the high-stakes testing that supposedly measures the ability of the student to grasp those standards?  Do classroom grades count for anything anymore?

The case is officially submitted into the highest court in the country.  This will be fascinating to watch, especially the final ruling.

DE Atty. General Matt Denn Files Brief For Special Education Supreme Court Case… What About My Kid Matt?

Delaware Attorney General Matt Denn, along with the AGs from Massachusetts and New Mexico, filed an amicus brief for the upcoming special education case which will be heard by the United States Supreme Court.  The Endrew F. v Douglas County School District is a case which can change the face of special education.  But what about my kid right here in Delaware Matt Denn?  The one who was kicked out of a special education program at a Delaware private school last Friday with no due process, no advance notification to the parents about the true purpose of the meeting, and no chance for my son’s voice to be heard?

For the most part, I like Matt Denn.  I think he can be an excellent advocate for students with disabilities.  But sadly, what he wants and what we have in Delaware are two very different things.  I wish Denn could help my own son the way he is helping this child in Colorado.  I understand the implications of this case and what it can do for special education if they rule in favor of the student.  That would be a very good thing.  But there are far too many students here in Delaware that are now suffering with special education.  My own son Jacob included.  If Delaware’s special education is supposed to be so great, why isn’t it Matt?  We both know the answer to that.  But why should my kid have to go through all venues of education in this state and still not have schools understand his needs?  Charter, district, private school, private school homeschool-coop program.  None have worked Matt.  None.  They may be great at other things, but they have all failed my son.  As one father to another father, I’m asking you to do something here, in Delaware.  In your state.  Not later, not down the road, but now.  I don’t know if I can get my son back on track.  There has been so much damage done to him.  By adults who think power is more important than what is right.  Maybe you don’t know what it’s like to watch your own child’s spirit break time and time again.  I truly hope you don’t.  But I’m just one of many parents who has to pick up the pieces of a child’s shattered life again and again while the system fails him time and time again.  It doesn’t matter what kind of school it is.  I don’t care about all this fancy legal stuff.  I just want consistency and best practices with my son, with all the special needs kids in this state.  We are destroying lives here Matt.  What are you going to do about that?

Talk is on thing but actions speak louder than words.  How many more Jacobs do we have to have in this state Matt?  How many more tears have to be shed before something is done?  How many families have to deal with turmoil you can’t even begin to imagine Matt?  How many more children have to be psychologically beaten down before you do something?

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Delaware Files Amicus Brief Supporting a Colorado Student’s Claim on Behalf of Delaware, Massachusetts, and New Mexico.

Delaware Attorney General Matt Denn, joined by the Attorneys General of Massachusetts and New Mexico, filed a formal brief Monday with the United States Supreme Court supporting the appeal of a Colorado public school student with disabilities who claims that his school district has not complied with federal law in meeting his educational needs. The brief filed by Delaware urges the United States Supreme Court to adopt a higher national standard for the services that U.S. schools must provide, and articulates that the standard reflected in Delaware state law, rather than the lower standard used in Colorado and many other states, is the proper standard to measure the provision of such services.

The brief was written by Delaware State Solicitor Aaron Goldstein and Deputy Attorneys General Patricia Davis and Laura Makransky. The brief states that the three Attorneys General “implore this Court to find that the highest level of educational benefit for children with disabilities currently recognized by federal courts of appeal is the correct level for all of the nation’s children with disabilities in order to ensure that the [Individuals with Disabilities Education Act]’s ideals of equality of opportunity, full participation, independent living, and economic self-sufficiency are fulfilled.”

Although Attorney General Denn has joined other briefs filed with the United States Supreme Court since taking office in January of 2015, this is the first United States Supreme Court brief that his office has authored since he took office. “We chose this issue to seek to be heard with the United States Supreme Court,” Denn said, “because it is fundamentally important to the future of every child with a disability in our nation’s public schools. We also sought to be heard because how the Supreme Court phrases its opinion could also have a direct impact on students with disabilities in Delaware public schools.”

 

 

 

Delaware AG Matt Denn Supports Parents In Upcoming U.S. Supreme Court Special Education Case

supremecourt

As the Chairman of the IEP Task Force in Delaware back in 2014, Delaware Attorney General (then Lieutenant Governor) Matt Denn stated in the first meeting that Delaware students with disabilities deserved more than what federal law under IDEA stated.  He announced yesterday he will advocate for special needs children getting a top-notch education.  Yesterday, the U.S. Supreme court decided to hear a special education case regarding what a Free Appropriate Public Education (FAPE) really is.  The is significant due to the fact that special education changed a lot when IDEA was reauthorized in 2004.  This will be the first time the highest court in the land has tackled FAPE in a very long time.

Today, the Supreme Court of the United States agreed to hear a case from the state of Colorado involving the level of educational services that must be provided to public school students with disabilities. The case, Endrew F. v. Douglas County School District, is significant because it will be the first time in decades that the U.S. Supreme Court has addressed this issue, and different federal courts around the country have come to different conclusions on the question.

“This case may not have significant implications for Delaware public schoolchildren with disabilities,” Delaware Attorney General Matt Denn said. “Delaware state law was changed in 2010, in a bill I worked on as Lieutenant Governor with Representative Quinn Johnson and Senator David Sokola, to require that Delaware public schools provide services to Delaware students with disabilities that matches the highest level of services required by federal courts interpreting this issue. However, sometimes the language that the U.S. Supreme Court uses in issuing its decisions can be as important as the decisions themselves. For that reason, the Delaware Department of Justice will be seeking to advocate – potentially with other state Attorneys General — for the U.S. Supreme Court to find that the highest level of services for children with disabilities currently recognized by federal courts is the correct level for all of the nation’s children, and for the Supreme Court to provide specific guidance to the states as to how to implement its decision in order to ensure that children with disabilities have an opportunity to fulfill their potential.”

denn

 

In regards to that bill from 2010, Denn said the following about the bill when it was introduced:

“It is completely unacceptable for us to tell the parents of most children that we want their kids to have the best public school education in America, while telling the parents of students with disabilities that their kids will receive the educational equivalent of a serviceable Chevrolet,” Lieutenant Governor Denn said. “We have a legal and a moral obligation to these children to provide them with a meaningful education, and this bill is a first step to making sure that happens.”

Denn has always been one of the strongest advocates in Delaware for students with disabilities.  I am glad he is putting his support behind the parents in this potentially landmark Supreme Court case.  With that being said, the very definition of special education will be redefined yet again if education reformers get their way with their dreams of “IEPs for ALL”.  I pray, if that time does come, that Matt Denn will be at the front of the pack for students with disabilities, their parents, and disability advocates to make sure special needs students don’t get lost in the shuffle.

In the meantime, the Delaware Dept. of Education, under the direction of Governor Markell in epilogue language in the FY2015 budget, is still working on a Special Education Strategic Plan for the state, more than two years since it was created.

U.S. Supreme Court To Decide The Value Of FAPE In Special Education

The  United States Supreme Court will decide the fate of millions of special education students in America when they rule on a controversial case regarding what the appropriate amount of FAPE (Free Appropriate Public Education) is for students with disabilities.  The landmark case, Endrew F. vs. Douglas County School District, could have major consequences for special education students.

According to Disability Scoop:

The Supreme Court’s decision to take up the matter comes at the urging of the Obama administration. In a brief issued last month, the U.S. solicitor general agreed with the parents that the IDEA requires schools to provide more than minimal benefit to students with disabilities.

“This court should hold that states must provide children with disabilities educational benefits that are meaningful in light of the child’s potential and the IDEA’s stated purposes. Merely aiming for non-trivial progress is not sufficient,” the solicitor general indicated.

This could be a moment of triumph or severe disappointment.  With the rise of Common Core and a transition from teacher-led instruction to constant bombardment of education technology and a competency-based education environment, students with disabilities have suffered the most from the constant education reform that has taken place over the past twenty plus years.  As their numbers rise, so do the corporate profits.  They have been forced to take a litany of state assessments that have the same results, year after year: these students tend to perform the worst on these tests.  The amount of parents choosing to go the home school route for their special needs children has risen dramatically in the last decade.

A free appropriate public education, in its current landscape, comes with a very steep price for students with disabilities.  Unless the Supreme Court clearly defines what FAPE should be, in the face of the overwhelming corporate-driven changes in our schools, these children will continue to be lost in public education.  Personalized learning, in the modern-day era meaning, would gear all students towards their own individual education plans which strips the special out of special education.  This flies in the face of what disability advocates fight for every single day.

Capital Board’s Legislative Priorities Could Be A Lightning Rod Of Controversy For Special Education In Delaware

Tomorrow night, the Capital School District Board of Education will discuss their legislative priorities for Fiscal Year 2017 at their monthly board meeting.  There is a lot in this proposed draft.  Some I agree with, and some I don’t.  But if certain things get pushed by all school districts, we could see a controversial start to the 149th General Assembly in Delaware.  Parents of students with disabilities could be spending a lot of time down at Legislative Hall in Dover.

In terms of burden of proof for who is implementing a special education student’s Individualized Education Program (IEP), I believe it should be the school that has the burden of proof.  If a parent challenges a school on these issues, how is a parent going to know what is happening inside the classroom?  It should be the school’s responsibility to address these issues if it gets to the point where a parent files a complaint that leads to a due process hearing.  There is one or two parents and maybe one advocate in an IEP meeting.  The rest is school personnel.  A parent cannot implement an IEP in a school setting.  Only a school can.  This is the law.  But in Schaffer v. Weast, the U.S. Supreme Court ruled the Burden of Proof should lie with the aggravated party, be it a student or the student’s parents (or legal guardian) or the school district should they dispute an IEP.  While the Supreme Court is the largest court in the land, I don’t agree with their decision in some respects, but I do recognize the authority of the United States Supreme Court.

The final ruling of the U.S. Supreme Court ruling in 2005 reads as this:

We hold no more than we must to resolve the case at hand: The burden of proof in an administrative hearing challenging an IEP is properly placed upon the party seeking relief. In this case, that party is Brian, as represented by his parents. But the rule applies with equal effect to school districts: If they seek to challenge an IEP, they will in turn bear the burden of persuasion before an ALJ. The judgment of the United States Court of Appeals for the Fourth Circuit is, therefore, affirmed.

In a sense, any challenge a school district has about an IEP will invariably lead to the burden of persuasion.  I would find it very difficult for a due process hearing to occur where a school district does not disagree with at least one part of a student’s IEP.  And if it does happen, I would assume the parent lost or the Due Process Hearing Officer ruled based on applicable law that neither party got it right in terms of what should be in an IEP.  In any of the steps that could eventually lead up to a Due Process Hearing, districts have to provide sufficient evidence to the parent about what is happening with special education.  Parents do have considerable rights for their child’s special education.  They can request an Independent Educational Evaluation, they can call for a manifestation determination hearing under certain criteria, and they can file an administrative complaint.  Even though I disagree with the finding of the Supreme Court in 2005, it is the law and it is precedent.  Therefore, I have to agree with the Capital Board of Education that Delaware should not have a law on the books that predates a Supreme Court decision (their law is from 1999).

With that being said, Delaware is well-known to have serious lapses or even outright denials of special education services for students with disabilities.  Parents of children with special needs tend to be very passionate about what they want for their children.  Many understand the law (sometimes better than the school districts) very well.  I have always said never walk into an IEP meeting without an advocate and always record the meeting.  What is said in IEP meetings can make or break a case in certain circumstances.  Parents in Delaware should not be afraid to have their attorney subpoena a teacher as a witness.  Senate Bill 33, passed in the Spring of 2015, allows for whistle-blower protection for any school staff in regards to special education.  If there is one consistent thing I’ve heard from parents in Delaware, it is that teachers want to implement IEPs, but administrators have been the ones who stopped something for some reason.  While this isn’t always the case, and sometimes it is both, never be afraid to play a card that could work out to your child’s best educational interest.

The other legislative priority for Capital deals with a Free and Appropriate Public Education.  IDEA federal law states schools must provide children with disabilities a “basic” education without clearly defining what is meant by basic.  Delaware law states schools must go beyond “basic”.  I would argue that in Delaware’s current educational landscape, the push is for all students to go beyond “basic”.  If Capital wants to have AP and honors classes, that goes beyond “basic”.  You can’t sit there and say “all for some”.  If you are going to be a school district that wants ALL students to succeed beyond just “basic”, you can’t pick and choose.  Then Lieutenant Governor Matt Denn said it best at the first IEP Task Force meeting:

Children with disabilities are entitled to a Cadillac education, not a serviceable Chevrolet.

The trick is finding out what that “Cadillac education” is.  I do not agree that this should be based on standards-based IEPs leading to higher proficiency on the state assessment.  We all know students with disabilities fare the worst on these types of tests.  We are failing all students if we continue this very bad charade of student success as measured by high-stakes testing.

In terms of the other legislative priorities in the below document, it is a no-brainer that our state needs to find a better way to fund education.  The funding cuts from 2009 should have been restored a long time ago.

Can Parents Legally Opt Their Child Out Of Standardized Testing? Yes, They Can!

Delaware Parents, if it is legal precedent you are looking for to opt your child out of the Smarter Balanced Assessment, look no further than the Supreme Court. Thanks to Natalie Alvini Ganc, a special education teacher here in Delaware, for giving me the heads up on the court decisions that would allow parents to do this. Nothing beats the Supreme Court in America. States have tried and failed. As per Fairtest.org:

Dear (school administrator),

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 2014-2015 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.

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,

(Your name)

This is all you have to do. Now one thing to remember, the entire curriculum this year will be to prepare for this test. Your child will still receive grades based on formative and/or summative tests throughout the year. Until Common Core is repealed in Delaware, there isn’t much choice for what your child is taught. Trust me, most of the teachers hate it too, and if they had their way Common Core would disappear. You may receive calls from the principal, or the district. Document everything. If they tell you something about your decision, ask for it in writing. If they state policy to you, tell them you want that policy in writing. Some may call this civil disobedience, and they may be right. But it’s also about doing what’s right for your child. No one can ever take that away from you. Your child has the legal and fundamental right for his/her parents to advocate for them. This is your chance to do what is right for your child, not what the “educational” aka corporate reformists are telling you what to do.

UPDATED: I’m hearing from parents already that they are doing this today.  Excellent! Bravo!  Please email me at kevino3670@yahoo.com for any responses you get from the schools.  Let me know if they accepted it.  The more of us that do this the better off our children will be.