Tag Archives: shenanigans

Chris Christie – Reverse Robin Hood

New Jersey Governor Chris Christie has been an abject disaster for his state’s students, teachers, and schools.  Since assuming office in 2010, the self acclaimed teller of “like it is” has broken promise after promise, callously tossed the Garden State’s most vulnerable children into barely regulated experiments, and heaped insult after insult upon the state’s teachers.  A good way to approach almost any education proposal from Chris Christie is to simply assume that it will cause far more harm than good and then try to gauge just how far along the harmful spectrum it will actually be.

Chris Christie ran for Governor, promising teachers that he would not touch a dime of their pensions, but one of his first acts was to ram through a pension reform plan that he subsequently failed to fund – even while handing management of the fund over to Wall Street firms who raised annual fees from $140 million a year to $600 million a year and then planned to give $100 million of the fund to a firm started by a major donor to the Republican Governors’ Association right around the time the RGA was spending almost 2 million helping Christie get reelected.  Governor Christie’s refusal to meet funding obligations is not restricted to the state pension fund.  Governor Christie cut nearly $1 billion from the state school aid budget when he entered office, and that shortfall has never been made up for regardless of the district.  In fact, as Chris Christie was announcing his candidacy for the President of the United States, his own Department of Education reported that the state budget was roughly a billion dollars short of the fair funding formula used to determine school aid.

Chris Christie is more than happy to unleash chaos and mismanagement on poor children of color in New Jersey just so long as his favorite charter school operators stand to benefit.  With the aid of then Newark Mayor (now Senator) Cory Booker, the disastrous “One Newark” plan was foisted onto the state’s largest district  overseen by the incompetent and out of touch Cami Anderson – who was so standoffish and incapable of dealing with criticism that she even ignored lawmakers’ requests for meetings for an entire year.  Anderson was finally ousted but replaced by former state commissioner Chris Cerf who is cut of almost entirely similar cloth but who knows how to smile in public better.  Chris Christie pivots on other education issues with big public pronouncements that look like 180 degree changes – but which amount to almost nothing of substance.  While the governor likes to brag that he is “changing” the Common Core Standards in response to criticisms, his department of education continues its slow march towards making the enormously flawed PARCC assessment a graduation requirement in the Garden State.

And, of course, Chris Christie’s famous temper has led him to lash out in the press and directly in the faces of constituents over and over again. This is a man who claimed teachers used students as “drug mules” for a civics lesson.  This is a man who whined that the teacher union said he hated children for a simple billboard that said nothing of the sort:

NJEA billboard 2011

This is a man who has screamed at multiple teachers in public:

Christie Yells Again

Governor Chris Christie, Raising Teachers’ Public Esteem Again

And who has disparaged teachers’ work as not full time.

Given this history, it should give readers some pause that Governor Christie’s address on school funding in Hillsborough on June 21st was a new low even by his standards.  Under this “plan” the city of Newark, whose median household income is $34,012 a year, where 29.9% of the population lives below the federal poverty line, and where the median value of an owner occupied home is $229,600, would see its annual school aid drop by 69%.  Meanwhile, Summit, a community whose median household income is $121,509, where 5% of the population lives below the poverty line, and where the median value of an owner occupied home is $774,800, would see its annual school aid go up by 1506%.  The Governor would accomplish this by completely eliminating the school fair funding formula and then distributing $6,599 in per pupil aid to every school district in the state regardless of the community’s poverty or property value characteristics.  When Governor Christie watches “Robin Hood” he must see the Sheriff of Nottingham as nothing more than a misunderstood public servant making certain no ne’er-do-well layabouts get any of Prince John’s precious taxes:

sheriff-stealing

Getting every last cent out of the lazy good-for-nothings

A very brief background is in order:  New Jersey’s fair funding plan is actually one of the bright spots for equity in the Garden State’s education system.  New Jersey’s Abbott Districts are the result of decades of legislation and litigation, and the designation of an Abbott District takes into account matters such as educational adequacy, concentration of poverty, and the use of additional funding as a remedy.  The result of this has been New Jersey’s fair funding plan (the very one that Governor Christie has consistently underfunded) which directs substantial amounts of state aid to the most disadvantaged school districts throughout New Jersey.  Currently, there are 31 such districts in the state, and their current foundational aid from the state reflects the provisions of the School Funding Reform Act of 2008.  As recently as 2012, the State Supreme Court ordered the state to fully fund the SFRA, noting that consistent underfunding of the aid formula is “a real substantial and consequential blow” to students’ rights to a “thorough and efficient education.”

Governor Christie is apparently sick and tired of that.

In his speech, he pointed out that of the $9.1 billion spent annually on school aid, 58% of it goes to the Abbott Districts.  He decried this as “absurd” and “unfair.”  He claimed that school results from those districts prove that the Supreme Court was wrong to conclude that funding matters in urban education.  He provided cherry picked statistics on government spending in a few districts as “proof” that those communities can make up their school spending by trimming waste.  He blamed all of this for holding property taxes at high levels across the state.  He then proposed taking the entire $9.1 billion pot of (still inadequately funded) school aid and dividing it equally among every student in the Garden State:

If we were to take the amount of aid we send directly to the school districts today (in excess of $9.1 billion) and send it equally to every K-12 student in New Jersey, each student would receive $6,599 from the State of New Jersey and its taxpayers.  Every child has potential.  Every child has goals.  Every child has dreams.  No child’s dreams are less worthy than any others.  No child deserves less funding from the state’s taxpayers.  That goal must be reached, especially after watching the last 30 years of failed governmental engineering which has failed families in the 31 SDA districts and taxpayers all across New Jersey.

Not only does the Governor’s proposal literally take foundational aid that is mandated by law and litigation to go to the state’s poorest communities and direct it back to communities that are vastly wealthier, it also uses that redirection to promise middle class, upper middle class, and rich communities property tax relief – a campaign promise the Governor has not managed to manifest in his six years office:

In Margate, they would receive 428% more in aid.  In Fairlawn, 815% more in aid. In that town, when combined with our 2% property tax cap, this new aid would result in average drop in their school property tax of over 2,200 per household.  In Teaneck, 389% more in aid and an average drop in property taxes of nearly $1,600.  In Wood-Ridge, an 801% increase in aid and a drop in property taxes of over $1,800.  How about South Jersey?  In Cherry Hill, an increase in aid of 411% and a drop in property taxes of over $1,700.  In Haddonfield, an increase in aid of 1705% and a drop in property taxes of nearly $3,600.

The pattern is repeated everywhere.  South Orange aid up 912%, taxes down over $3,700. In Readington Township, aid up 410%, taxes down nearly $2,000. In Robbinsville, aid up 666%, taxes down over $2,600.  In Freehold Township, aid up 153%, taxes down over $1,500. In Chatham Township, aid up 1271%, taxes down $3,800.  In Wayne, aid up 1181%, taxes down over $2,100.  All over the state, we slay the dragon of property taxes by implementing the Fairness Formula.  For the first time in anyone’s memory, property taxes plummeting not rising.  And all through valuing each child and their hopes, dreams and potential the same.

It takes a special kind of chutzpah to underfund the state aid formula for your entire tenure as governor, to unleash chaos and mismanagement on the largest Abbott Districts that are under state control and whose problems are entire on your head, to thoroughly fail to deliver on property tax relief in the state as a whole, and then to turn around to your constituents burdened with high taxes and blame it on failures of schools in 31 communities, some of which are among the poorest and most distressed in the entire country.  Newark families whose schools have had dangerous lead levels in them since at least 2010?  We’re cutting your aid almost 70% so we can give it to families that earn 400% of your income and give them a property tax cut to boot!  Go find the money to make up for that in the couch cushions at city hall.

At least we now know that Governor Christie’s vacant stare behind Donald Trump in March wasn’t because he was being taken hostage – it was because he was trying to think of the most vile and damaging thing he could do to New Jersey’s most vulnerable children.

Let’s be clear:  The SFRA does not send vastly more aid to the Abbott Districts because it isn’t “valuing each child and their hopes, dreams and potential the same.”  That is absurd and offensive.  It does so because the intent is for the funding to be a remedy in recognition that it does not cost the same to educate each individual child and that certain districts with specific characteristics have expenses that other districts do not.  A school that needs additional security measures because children have to travel through high crime areas on their way to school has higher per pupil costs than one that does not. A school that has a high percentage of English Language Learners who need specialized instruction has higher per pupil costs than one that does not.  A school that has a high percentage of students with high need Individualized Education Plans has higher per pupil costs than one that does not.  A school that has special instructional programs for students whose families lack material and supplemental resources such as books and private tutoring has higher per pupil costs than one that does not.  A school that provides wrap around services such as social workers and health services has higher per pupil costs than one that does.  This is because, despite the governor’s willful misrepresentation of the issue, the SFRA is designed to account for equity so that students who begin their education with vastly less than wealthier peers have a fair shot.

Can everyone enjoy this?

The Difference Between Equality and Equity

Governor Christie further tried to obfuscate the issue by claiming that the Abbott District schools could do far better with much less state aid because the only schools that he ever speaks highly of, urban, no excuses, charter schools have higher graduation rates and test scores with fewer per pupil expenditures.  This is misleading on several front.  First, some charter school costs are actually paid for by their host districts, so the charter schools cannot properly claim they get less money when the host district carries what would normally be part of their per pupil costs.  Look at the third question on this page: New Jersey requires host districts to pay for the transportation of charter school students.  Second, we know full well that the high flying, test score achieving, charter schools beloved by Governor Christie simply do not have the same students as their district hosts, enrolling fewer students who are poor and fewer students with high need disabilities.  Further, their attrition rates are so high (as high as 60% for African American boys attending North Star Academy) that they entirely depend upon district schools to take back the students they refuse to accommodate.  Those Abbott District public schools that Governor Christie wants to function on less than half of their current state aid?  Their EXISTENCE enables his favorite charter schools to suspend the dickens out of their students until the ones they don’t want leave.

Finally, while these charter schools might spend less per pupil than some of their host districts, how they spend less is instructive. For example, in Newark, the public school district as a whole spends $3,963 per pupil more on “student services” than the charter sector in Newark. Such services include social work, attendance support, health, guidance, special education services, etc. and since NPS enrolls far more special education students – and vastly more high cost special education students – than Newark charters, this is entirely predictable and proper.  Meanwhile, although Newark’s charters spend significantly less on student services, they do manage to spend far more than NPS on administrative costs, especially administrative salaries – $2,460 per pupil compared to NPS’ $1,362 per pupil.

So what lessons can New Jersey most impoverished school communities learn from Governor Christie’s favorite schools in the state about “doing more with less”?  Drive away half of your students via massive suspension, don’t spend money on things like services that your most needy students require, and double your spending on administrative salaries?  Of course, if every school followed that model, we’d have no place for all of the kids that we refuse to educate.  Maybe Delaware will take them.

Governor Christie plans to spend the remainder of his term – at least when he isn’t playing chief errand boy for “Cheeto Jesus” – pursuing this agenda with the apparent hopes that he can entice New Jersey’s wealthy suburbanites to literally throw the state’s poorest children under the school bus.   He’s even given it hashtags: #FairnessFormula and #EquityforNJFamilies (which is deranged since this is the OPPOSITE of equity).  The good news is that New Jersey is not Kansas, and Democratic lawmakers do not sound willing to accommodate the Governor’s last ditch efforts to utterly destroy urban schools for the sake of finally keeping his broken promises on property taxes.

But just let this be known as exactly what Governor Chris Christie stands for.

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Filed under charter schools, Chris Christie, Corruption, Cory Booker, Funding, Newark, One Newark, PARCC, politics, schools, Social Justice

Eva Moskowitz Cancelled Her Own Pre-K

Eva Moskowitz, the founder and head of the Success Academy charter school network has control issues.  In many aspects of life, this is not necessarily a bad thing.  Steve Jobs was famously involved in the many details of design and development of Apple’s products, arguably responsible for the level of innovation that drove an entire industry.  The private sector, in fact, is often lead by people who are extraordinarily demanding of themselves and of everyone in their organizations — which may well drive people close to them nuts but which gets results for consumers and investors.

That’s not remotely the best way for public education to operate.

To be sure, schools and school systems need involved, high energy, and dynamic leaders.  But they also need leaders who understand and can navigate the complex system of loosely coupled and interlocking stakeholders who have legitimate say in how schools operate.  They need to respond respectfully and thoughtfully to potentially contradictory demands and navigate an optimal course forward.  School leaders need to understand and accept accountability to the tax payers whose money from local, state, and federal revenues fund the system.  “My way or the highway”ism might be functional for some aspects of entrepreneurship in certain visionary companies — it is absolutely awful in public education.

Ms. Moskowitz exerts extremely tight and thorough control over the operation of Success Academy, and she is extremely zealous in her insistence that nobody other than the State University of New York charter authorizer has any say whatsoever.  In fact, Ms. Moskowitz has been to court multiple times to prevent that New York State Comptroller’s office from auditing her books — which are full of taxpayers’ money that the Comptroller is supposed to monitor.  Charter school laws do free up the sector from a great many of the labor and education rules that govern our fully public schools, but Ms. Moskowitz has been singular in her insistence that no governmental authority can so much as examine her books.

So it was hardly surprising that when the New York City received money from the state of New York to open free public pre-Kindergarten programs, Ms. Moskowitz wanted a share of that money to support the program at her schools.  It was also not surprising that she immediately refused to sign the contract that the city required of all pre-K providers – including other charter school networks – that got money.  The city insisted that the contract to provide some oversight of pre-K programs was required to fulfill its obligations under the state grant that provided the funds in the first place. Ms. Moskowitz insisted that didn’t matter.  In this March Op-Ed announcing that Success Academy was suing the city for the pre-K money without the contract, Ms. Moskowitz makes it crystal clear that she believes charter schools cannot be made to answer to any state or city authority other than SUNY.

Ms. Moskowitz’s argument here involves some sleight of hand.  Yes, charter schools were granted legal permission to operate pre-K programs.  However, as Jersey Jazzman notes very cogently, this particular money was coming from the New York City DOE which made a proposal to the state for pre-K funds that required the city to engage in oversight of the program including making certain that all applicable federal and state laws and regulations were followed.  Ms. Moskowitz filed suit against the city because the city refused to violate its own agreement with the state when it applied for the universal pre-K funding in the first place. Further, again as noted by Jersey Jazzman, the law that Ms. Moskowitz insists grants her the ability to run a pre-K requires a school district to seek participants including charter schools, but it also allows the district to deny organizations inclusion in its application and allows those organizations to apply individually for funds.

Simply put:  Success Academy did not want to apply for pre-K funding on its own, AND they did want to be held to the same rules as every other pre-K provider included in New York City’s application to the state.

Neither the state nor the city decided to budge on the matter, and with a lawsuit still in process, Success Academy announced last week that they were cancelling all of their pre-K programs.  In typical Success Academy fashion, Ms. Moskowitz declared that the state and city were putting “politics” ahead of education, said the mayor had a “war” against her schools, and lamented that the courts would not “rescue” the pre-K classes.

analog volume meter

 

Cancelling their pre-K has absolutely nothing to do with Success Academy’s financial need. The money at stake was around $720,000, and while that is not chicken scratch, Success Academy could put together that sum easily.  This is an organization that can put together a $9 million fundraiser for a single night’s event.  This is an organization that spent more than $700,000 in a single day for a rally in Albany (including almost $72,000 for beanies) and which expected $39 million in philanthropic money for fiscal year 2016 – BEFORE the announcement of a $25 million dollar gift from billionaire Julian Robertson.  This is also an organization that is entirely capable of applying for pre-K funds from the state directly, and while it is not guaranteed that their application would be approved, given Success Academy’s extremely powerful and politically influential circle of close friends, I have little doubt they’d get money.

Success Academy could have very well “rescued” its own pre-K program by calling up any of its billionaire patrons, by submitting their own application to the state, or by signing the city’s agreement with the state for the money under city control.  But Eva Moskowitz wanted none of that because this isn’t about Success Academy’s pre-K classes or the very young children she is using as props.  This is about Eva Moskowitz being able to plant her flag on any available pot of public funding and demand that she be given it with no oversight or accountability whatsoever.  This is about control, plain and simple.  Control of public funds.  Control of the process that distributes them.  Control of the politicians and agencies that are entrusted to oversee them.  Ms. Moskowitz saw available funding to expand Success Academy’s footprint, and she was given every fair opportunity to access it either with or without city oversight.

She wanted to dictate the terms of how that money got to her schools.  The only one who cancelled Success Academy’s pre-K program is Eva Moskowitz and her demand for control.

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Filed under "Families" For Excellent Schools, charter schools, Corruption, Eva Moskowitz, Funding, MaryEllen Elia, politics, Success Academy

The Truthiness of Campbell Brown

Former news anchor turned education reform advocate Campbell Brown has established herself as one of the more aggressive public personalities arguing against teacher unions and in favor of school privatization.  After leaving CNN in 2010, Ms. Brown reemerged as an antagonist of teacher unions, taking to the pages of The Wall Street Journal to accuse New York City’s United Federation of Teachers of protecting teachers accused of sexual misconduct.  It was a devastating line of attack against a favorite target of would be education reformers – a well-funded and politically connected labor union favoring its membership over ethics.

Of course, it wasn’t really true.  Curiously, Ms. Brown seemed entirely unaware of the actual requirements in the UFT contact in effect at the time of her accusations.  This information was made crystal clear when Ms. Brown tried to publicly back UFT President Michael Mulgrew into a corner on the issue – and got seriously dressed down for her misrepresentation of the union’s position and actions:

Mr. Mulgrew: “We have made sure that on an allegation, a single allegation, a teacher must be removed.  If the principal wants the teacher removed, or the administrator, they must be removed from any contact with children. They then have a 30 day investigation period. If they are found guilty of any sort of sexual impropriety, any sexual impropriety, the administrating officer has no choice but to fire him. And those are the things that we put into our contract – that they must be fired if they are found guilty of any sexual impropriety. So I know you like to say things in certain ways, but I have found many of your allegations to be misleading.  So I am very proud of the fact that we take very seriously that on a single allegation – a child can say it in a flippant moment — that that teacher will be removed from any contact with a student, and if they are found guilty of any sort of sexual impropriety – any – there is no discretion: they must be fired.  And that is my answer to you.”

Ms. Brown: “So to clarify…”

Mr. Mulgrew: “That is my answer to you.”

Ms. Brown also came under fire for failing to disclose, as is typical in ethical journalism, her family connections to education reform and, specifically, anti-union education reform.  Her husband is Dan Senor, who was a figure in the Bush administration serving as the spokesman for the Coalition Provisional Authority in Iraq, and at the time of Ms. Brown’s relaunching of herself as an education advocate, he was an adviser to the Mitt Romney campaign and a board member of Students First, New York – the Empire State branch of Michelle Rhee’s anti-union organization.  Ms. Brown decided her best reply was to be snarky about the entire question of ethical journalism.

Ms. Brown returned to bring Vergara vs. The State of California style lawsuits against teacher tenure in New York and other locales, funneling dark money donations into her new organization “Partners for Educational Justice”.  The new campaign came with a fresh round of publicity and interviews where she tried to make her case to the public.  These were, charitably, as fact challenged as her previous efforts to paint the UFT as an organization dedicated to protecting sexual predators.  According the Michigan State University education professor Alyssa Hadley Dunn, Ms. Brown was wrong on almost every relevant point of fact, misrepresenting the staffing challenges faced by urban school districts (they have trouble retaining experienced teachers rather than being plagued by incompetent ones with tenure), arguing that teachers must be bad in urban districts because standardized test scores are low (in reality, teachers are important but no research solidly ties quality of teaching to standardized test results), and citing wildly out of date information on how long it takes to remove a tenured teacher from the classroom (177 days is not 830 days no matter how often that talking point is repeated).

Shortly after launching her lawsuit, Ms. Brown also started her education “news” website called the “The74,” which oddly sounds like a nightclub but is supposed to “represent” the roughly 74 million Americans under the age of 18 in the country.  The website is expected to operate on a budget of $4 million annually, and is funded by donors such as  Bloomberg Philanthropies, the Walton Family Foundation, and Jonathan Sackler who serves on the board of the New Schools Venture Fund — all reliable sources of charter school support.  From that platform, she has been billing herself as a viable host for education issues in the current election cycle, hosting a Republican candidate discussion in August last year – and blaming the national teacher unions for the fact that no Democratic candidates agreed to appear at a similar forum later in the Fall.  Jersey Jazzman demonstrated the long list of entirely viable reasons why Democrats might not want to participate in what would obviously have been an anti-union, pro-privatization event hosted by a media figure whose relationship with facts has been sketchy.  But blaming unions is sort of a reflex for Ms. Brown by now.

Most recently, Ms. Brown took to  Slate with a video giving “advice” for the next President of the United States.  In it, she said that two thirds of American eighth graders “cannot read or do math at grade level.”  In response, Tom Loveless, an expert on student achievement and senior fellow at The Brookings Institution, demonstrated that her facts were inaccurate in an exchange on Twitter:

Former Principal and current head of the Network for Public Education, Carol Burris, explained the depth of Ms. Brown’s error in The Washington Post.  During the exchange on Twitter, Ms. Brown admitted that her “source” for the claim about American students’ grade level skills came from the National Assessment of Educational Progress (NAEP) where, yes, roughly one third of American 8th graders meet the cut scores for “proficient” and “advanced” with two thirds at “basic” or  below.  As Burris notes, NAEP does not consider “proficient” to be synonymous with “grade level” skills and expectations.  In fact, if you read the description of “basic” performance in the 8th grade reading NAEP, you will see a description of competent if not outstanding reading ability:

Eighth-grade students performing at the Basic level should be able to locate information; identify statements of main idea, theme, or author’s purpose; and make simple inferences from texts. They should be able to interpret the meaning of a word as it is used in the text. Students performing at this level should also be able to state judgments and give some support about content and presentation of content.

To set up the NAEP proficiency as an appropriate grade level benchmark as Ms. Brown does is to entirely muddy the discussion and debate about how our schools are doing.  Such sleight of hand techniques seem deliberate and designed to paint a misleading portrait of our schools for reasons that have little to do with improving them for most children.  Regardless of motives, one thing is completely clear: anyone trying to portray NAEP results – or PARCC and SBAC results for that matter – as an established proxy for what grade level expectations should be in our schools is either seriously misinformed or a liar.

Carol Burris spoke very cogently about why this matters beyond the question of truthfulness as well:

If you set an unreasonable cut score on state tests and pressure teachers and kids to meet it, it can work against student learning, especially for students who struggle.  Sizeable numbers of kids will learn less than they might if the instructional pace and content were developmentally appropriate and well sequenced.  This is especially true in the younger grades. You can always differentiate instruction if you need to for the kids who excel, but if you hold struggling learners to a standard they cannot meet, frustration, not learning, happens.  Inappropriately difficult standards also promote drilling for the test, adult cheating and the narrowing of the curriculum as explained in this Politico New York report on the test-driven, Success Academy Charter Schools.

Despite the important arguments and issues of genuine substance, Ms. Brown seems determined to not learn about the education policies she has inserted herself into as both an advocate and an arbitrator. Given an opportunity to respond directly on her statements about student achievement, Ms. Brown offered perhaps the most childish and taunting string of non-sequiturs I have seen since I last taught 7th grade.  She called the reaction to her use of “grade level” “histrionic,” misused the expression “begs the question,” taunted “is that all you’ve got?”to her critics, declared that public education advocates have “lost” on charter schools, tenure, and “special protections” for abusive teachers,  and said the reaction “screams desperation.”  She declared that any “reasonable person or parent” knew what she meant by her statement.  She declared that she was subject to personal sexist attacks.  She claimed critics were “feigning outrage” over her misuse of terminology and facts because they “profit off the system’s failure.”  And for good measure, she compared New York University Professor Diane Ravitch with Donald Trump.

And your mother, I guess.

Ms. Brown’s self assurance is a bit odd here.  The charter sector may be growing, but so is awareness of the scandals growing from scant oversight of finances and practices.  Anti-union forces may have won the first round of Vergara v. California trying to sue tenure out of existence, but they lost the appeal.  Ms. Brown’s comment about “special protections you want for abusive teachers” is literally just blather since she didn’t have her facts correct when she started the argument.

More interesting, however, is the complete absence of an actual argument.  Ms. Brown grudgingly acknowledges that her specific language was incorrect, but she denies that anyone was really impacted at all by it.  Mostly, she just insinuates that her critics are losers and complains about the tone of their comments to her.  To be sure, she has received some personal, even heated, criticism in the course of these debates (although before equating Dr. Diane Ravitch’s occasional criticisms of her to what Donald Trump unleashes on his critics, she might want to consult the record).   These issues, however, are of national importance, and Ms. Brown has a repeated and enthusiastic habit of getting critical facts dead wrong on issues that impact 3 million professional teachers and their 50 million students.  From her assertion that the UFT happily protects child molesters to her statements about tenure to her claims about the percentage of American children reading and doing math at grade level, she is consistently and damagingly wrong.

Perhaps the actual facts are inconvenient for her cause, but smug snarkiness when called out for substituting “truthiness” for truth is hardly an argument.

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Filed under Media, politics, Unions

The Price of “Success”

At the end of 2014, the rapidly expanding Success Academy charter school network in New York City announced they would hire an in house ethnographer.  At the time, the network had 9,400 students in grades K-9 across 32 schools and had plans for further expansion.  The job description for the opening read:

“We want to expand the scope and quality of our data collection to focus on the lived experience within our schools,” the description reads, adding that the position would help the network focus on “questions we’ve never thought to ask.”

At the time, seeking a genuine social scientist to truly study the network gained high praise from representatives of the charter sector in public education such as Nina Rees, president and CEO of the National Alliance for Public Charter Schools, who said the move was unique among charter schools across the nation.

The post was filled by Dr. Roy Germano who got to work in early 2015, examining the culture of Success Academy and seeking potential research questions to help the network focus, as they said, on things they’d “never thought to ask.”  Dr. Germano’s early work appeared to center on the high pressure and test-score centered professional culture of the charter school network, and the potential consequences that might have for teacher and administrator behavior.  According to documents that were obtained by PoliticoNewYork, Dr. Germano used his early investigations to write a proposal for a study of possible cheating by teachers within the network in response to the organization’s incentive structure.  Dr. Germano had no conclusive proof of cheating, but his interest stemmed from various examples teachers explained to him in interviews of colleagues correcting student work or suggesting that they “rethink” their answers, and to parallels he drew between Success’ high stakes environment and the Atlanta Public Schools where widespread cheating on standardized examinations eventually surfaced.  Dr. Germano further noted that “there are no rewards at Success for ethical teachers who try their best and fail.”

The research proposal and reasons for the concern rocked the higher administration at Success Academy to its core, and immediately resulted in a top to bottom self examination of incentives and practices that might negatively impact teaching and learning within the network.  Principals were directed to give Dr. Germano full access to faculty and students and to begin a careful process of reviewing how they support teachers in fostering genuine student learning where high test scores are the outcome of an ethical and deeply enriched school environment.  The reward and career advancement structure at the network was immediately scrutinized to determine what changes could be made to be absolutely sure that rewards and bonuses do not incentivize questionable practices, and the policy of publicly stack ranking teachers based on student test scores came under question as well.  Success Academy CEO and founder Eva Moskowitz recently announced that she is “eagerly awaiting” the results of Dr. Germano’s research and learning what the network can do to continuously improve.

Ha, ha – just kidding.  She totally banned him from the schools, fired him, and wrote nasty memos about him to the staff.

Dr. Germano, who now works as a research professor at New York University, was apparently required to write a follow up report in which he noted: “I am told Eva Moskowitz made disparaging comments about me in reaction to the report…I was told to write a follow-up report that would essentially downplay my findings and told by [recently departed Success vice president] Keri Hoyt not to use the word ‘cheating’ in any future reports. Finally, I was told that I was banned from visiting schools for the remaining 4 weeks of the school year, and that I could only visit schools next year if accompanied by ‘a chaperone.’”  He also noted in that follow up, “Comments about a culture of fear at Success have been a recurring theme in my interviews.” Spokesperson Stefan Friedman told Politico: “As to the allegations raised in the title of Mr. Germano’s memo, though he interviewed just 13 teachers out of 1,400 to justify that title, we conducted a thorough investigation and found no evidence to substantiate his speculation…Any suggestion that we utilized these methods — or anything untoward — on state standardized exams is categorically false and not supported by a scintilla of fact.”

Dr. Germano’s proposed research was submitted to Success in May of 2015.  By August, he was dismissed after having been forbidden to visit schools.  With such a severe reaction and so quick a dismissal, Mr. Friedman’s assertion that Success Academy “conducted a thorough investigation” is plainly laughable.  So much for asking questions.

Dr. Germano’s questions actually come as no surprise to those who have watched Success Academy closely, nor does his prompt dismissal after actually doing the job for which he was supposedly hired.  The pressure cooker atmosphere and singular focus on standardized test results has been evident at the rapidly growing network since at least 2010, when Success Academy’s Paul Fucaloro openly told New York Magazine that his program turned their students “into little test taking machines,” and he actually said, “I’m not a big believer in special ed,” blaming bad parenting for most special needs students.  In the same article, other sources says that students who do not bend to the Success Academy method were counseled out and that founder Eva Moskowitz told the staff that “Success Academy is not a social service agency.”

A year later, The New York Times ran a story on the subtle and direct ways that the network tries to rid itself of students who do not quickly and completely comply.  The story described the experiences of Kevin Sprowal who, mere weeks into his Kindergarten year, was throwing up most mornings before school because of the constant and increasing punishments.  Recently, a series of news stories have placed further emphasis on the high pressure environment in the network.  In April of 2015, Kate Taylor ran a story in The New York Times highlighting both the very high test score results and the extreme pressure environment within Success Academy – including an incentive system for students that include publicly shaming students with low test scores.  On October 12th, veteran education reporter John Merrow did an extended segment on the PBS Newshour on the use of out of school suspensions at Success Academy – for children as young as Kindergarten:

Eva Moskowitz retaliated by lobbing a lengthy complaint against Mr. Merrow at PBS and by publishing a response that included federally protected information identifying the disciplinary record of a former Success Academy student who appeared on camera.  This earned her a cease and desist order and a formal complaint filed with the Federal Department of Education.

Before October was over, The New York Times ran another story on Success Academy – this time, a “got to go list” was leaked from Success Academy in Fort Green, Brooklyn.  In addition to the shocking targeting of specific students, other sources confirmed practices across the network such as not sending automatic re-enrollment paperwork to certain families, and a network attorney calling one student leaving “a big win for us”.  Ms. Moskowitz responded with a press conference calling the “got to go list” an aberration – and with an email to staff declaring the bad press the result of media “conspiracy theories.”  Ms. Moskowitz then took to the pages of The Wall Street Journal in an editorial piece claiming that the only real “secret” to Success Academy is imitating the teaching of Paul Fucaloro:

…I wasn’t completely sold on Paul’s approach at first, but when one of our schools was having trouble, I’d dispatch him to help. He’d tell the teachers to give him a class full of all the kids who had the worst behavioral and academic problems. The teachers thought this was nuts but they’d do so, and then a few days later they’d drop by Paul’s classroom and find these students acting so differently that they were nearly unrecognizable. Within weeks, the students would make months’ worth of academic progress.

Ms. Moskowitz wanted her readers to infer that all Success Academy has done is simply scale up the teaching methods of one man into a system of nearly 3 dozen schools and roughly 10,000 students.

But if that is the case, the public had to wonder just what kind of person Ms. Moskowitz chose to clone across her entire staff when a video of one of the network’s “exemplar teachers” surfaced.  In the video, a calm and passive Success Academy student has trouble following her teacher’s instructions and is treated to having her work paper ripped in half in front of her classmates, being sent to the “calm down chair,” and berate in angry tones.  The video was not an accident: the assistant teacher was specifically keeping her cell phone ready in order to catch an example of just that kind of behavior because she had seen it so often.  In what is now her typical fashion, Eva Moskowitz lashed out at the press for the story, calling her critics haters and bullies.

This is a long record of employing not merely high standards, but also of employing extreme high pressure and of tolerating plainly unethical practices from teachers and administrators so long as the bottom line – very high standardized test scores – remains intact.  Dr. Germano’s questions were entirely appropriate as the beginning of a research program within Success Academy precisely because the bottom line at the network is entirely tangled up with test scores first and the means to get those scores second. If it means suspending Kindergarten children repeatedly until the submit to total control of their behavior, so be it.  If it means conspiring to pressure certain families to leave the school, so be it.  If it means humiliating a little girl in front of her peers so she learns that mistakes are never tolerated, so be it.  Dr. Germano’s original proposal stated the central problem at Success Academy perfectly: “There are no rewards at Success for ethical teachers who try their best and fail.”

Incentives matter. And organizational values are completely intertwined with what is measured and rewarded.  The is well known in the business world, even though companies from Enron to General Motors do not always learn from it.  The lesson from Success Academy is that when a school is entirely obsessed with high standardized test scores and when it is removed from nearly every system of public accountability available, it can get those test scores – but at an extremely high cost to anyone who does not serve that end.  Perhaps overt, organized, cheating is not a problem at Success Academy (yet), but the organizational incentives for it exist from the very top all the way down to their youngest students.

Dr. Germano tried to warn them, but nobody at Success Academy seems capable of listening.

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Filed under charter schools, classrooms, Corruption, Eva Moskowitz, Media, Social Justice, Success Academy

The Long Arm of the PARCC?

Dr. Celia Oyler is a professor of education at Teachers College.  Recently, a teacher contacted her with an intelligent and cogent critique of the recent PARCC examination, including a few selections of content from the test itself.  Dr. Oyler published this on her blog as the critique demonstrated very deep flaws within the test, specifically that PARCC is developmentally inappropriate, requiring students to read far above grade level, and that PARCC is dubiously aligned with the Common Core State Standards it allegedly assesses, requiring students to demonstrate skills not evident in the CCSS standards for their grade levels.  As a critique, the teacher’s observations, backed with selected material from the exam, was pointed and a very valuable contribution to the discourse on the examinations.  Because of the highly secretive nature of the exams and because of the extremely restrictive confidentiality agreements those who have access to it have to sign, it has been difficult to find critiques that are actually rooted in what the exams themselves require.

So, of course, that could not stand.

Within a week, Dr. Oyler was contacted by the CEO of PARCC, Laura Slover, with official “requests” that she remove “all of the material reproduced from the PARCC assessments.”  The letter claimed ownership of all “intellectual property” for PARCC, Inc., claimed that Dr. Oyler’s blog “infringed” on PARCC’s copyright, “amplified” the breach of confidentiality the teacher committed by revealing the content to anyone, and that as an “infringer” Dr. Oyler could “be held personally liable for the damages incurred by Parcc, Inc. and those who have contributed financially to the creation and validation of the assessments, including without limitation the possible need, not only to create replacement items, but to create and revalidate new test forms.” Ms. Slover demanded that the material be taken down within 24 hours and asked Dr. Oyler to reveal the name of the teacher who contacted her with the material.  In fact, she openly stated that PARCC’s willingness to “waive claims” against Dr. Oyler hinged not only on removal of the material from her blog, but also upon her cooperation in identifying the teacher — within 24 hours.

Dr. Diane Ravitch of New York University received a similar letter from Ms. Slover because of her blog post linking to Dr. Oyler’s, and Dr. Ravitch as well as a number of other Twitter users had tweets linking to Dr. Oyler’s post removed from the micro-blogging platform.

iN THE NAME OF PARCC

PARRC, Inc.’s heavy handed tactics lead me to a number of observations:

First: We should, once and for all, dispense with the tomfoolery from Common Core and testing proponents that the PARCC, SBAC, and other Common Core aligned exams are valuable for individual students and their families.  For some time now, they have gone on about an alleged “honesty gap” in education where students and families were told by the previous state assessments that they were doing well in school while proficiency levels on the National Assessment of Educational Progress “proved” they were actually floundering.  According to this line of thought, it is a good thing that many more students struggle to meet proficiency levels on the new exams because it is a hard “truth” that families must know.

For multiple reasons (kindly demonstrated by Jersey Jazzman both here and here), this is a load of hooey.  But it is even a bigger load of hooey that these tests demonstrate this new “reality” in any meaningful way for individual students and their families, and PARCC’s heavy handed response to test security breaches pretty well proves it.  Ms. Slover told Dr. Oyler that she could happily “view over 800 released questions from the spring 2015 tests that show the breadth and depth of the kinds of questions on the PARCC assessments.” That’s all nice, but a selection of hand curated items from the exams is not remotely the same as being able to view, and critique, the exam itself.  Without releasing the entire exam, as it is presented to students who take it, there is no real ability for parents or teachers or researchers to critically examine it to determine if it is the kind of assessment PARCC claims it to be.

Even more to the point, without returning the entire exam to both teachers and students, the claim that we are “no longer lying” to people about their education is just air. When my children take an assessment made by their teachers at school, we get to see what items they got correct and what items they got wrong.  We can inquire with their teachers about what the assessment says about their strengths and about their weaknesses.  We can find out what is going on in the school to help support our children in their learning, and we can ask what we can do at home to help support their teachers.  We can plan based on the assessment with the guidance of the professional teachers who know our children in context.

PARCC does no such thing.  Far from their claim to Dr. Oyler that “transparency is one of the hallmarks of PARCC,” the hallmark of PARCC is to label students on their proficiency scale and to provide a simple statistical comparison of students to other students.  Knowing that your child scored below, near, at, or above school, district, state, and national averages may be slightly more informative than previous assessments, but it doesn’t tell anyone jack frat about a single student’s strengths, challenges, or what can be done to better support that child.  Of course, there are many standardized exams that sort and rank students, especially college and graduate/professional school admissions examinations, but nobody pretends that those exams are meant to help individual students get a better education or to provide teachers and schools with actionable information on how to better serve students.

Those promises were made for PARCC.  They are unadulterated bull plop, and will remain so as long as the current reporting system remains in place where nobody knows a darn thing about how they actually did.

Second: I remain utterly mystified why PARCC retains such a copyright on a deployed exam in the first place.  The two testing consortia, PARCC and SBAC, were awarded $330 million in grants from the federal Department of Education to develop the assessments.  At the time, PARCC was comprised of 26 states – this year, they are down to 8 “fully participating” states.  The grant announcement in 2010 promised that PARCC would “replace the one end-of-year high stakes accountability test with a series of assessments throughout the year that will be averaged into one score for accountability purposes, reducing the weight given to a single test administered on a single day, and providing valuable information to students and teachers throughout the year.”  What we’ve gotten are – wait for it – annual end of year examinations and a set of “instructional tools” that teachers can use “at their discretion” during the school year.  States left for a variety of reasons, but the projected ongoing costs certainly played a role.  The consortium, however, still has expensive contracts with various states — New Jersey’s four year contract with PARCC could top $100 million.  Pearson, by the way, was the only bidder for the contract to write the exam.

PARCC, Inc has taken in a lot of public money to develop and produce the tests.  So one has to wonder why they get to maintain so much control of the test built for public use and on the public dime?  An architecture firm that is contracted to design a new city hall may be able to copyright the design, but they cannot tell the town who can enter the building or block off entire wings from the public.  When Northrop Grumman designed and delivered the B2 stealth bomber for the U.S. Air Force, they certainly filed patents on the technology, but they did not tell the Air Force who can see the finished product and when it could be used.  They built it with public money, and then they had to let the government decide how to use it and who could know anything about it – they relinquished control.

But not PARCC, Inc which goes so far as to continuously monitor social media to detect students and others who know test content divulging any of it in public.  While it is certainly fair for the testing consortium to keep strict control on the test as it is under development and in current use, the refusal to generally distribute the test after it is done using the copyright system is noxious and thoroughly antithetical to the stated purposes of the exam, undermining any reason for the public and for educators to have faith in it as anything other than a means of sorting and ranking children and schools without real transparency. We’ve paid for PARCC’s development as a nation. The various states pay for PARCC to distribute and to deploy the exam in their states and to score them.  But not one person has a right to see the entire exam, and not one parent or teacher has the right to see how particular students did on the exam and to learn from it.  And Ms. Slover revealed PARCC’s real reason in her letter to Dr. Oyler when she threatened to hold her “personally liable for the damages incurred by Parcc, Inc. and those who have contributed financially to the creation and validation of the assessments, including without limitation the possible need, not only to create replacement items, but to create and revalidate new test forms.”

In other words: money.  PARCC wants to recycle as much as the exam as is practical, and holding the copyright threats over those who want to study and discuss the exams is the best way of doing that.

So PARCC may hold a legal copyright – but the fact that they were allowed to do so in their contracts is absurd.

Third: Even if PARCC’s copyright is legally valid, is Ms. Slover’s application of that copyright – threatening bloggers and having content removed from social media – valid?  Copyright does not provide a complete protection from revealing material that is under copyright, and Dr. Julian Vasquez-Heilig, Professor at California State University at Sacramento, makes a pointed observation that “fair use” allows for limited reproduction of copyrighted material for a variety of purposes such as “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.”  The fair use doctrine is not absolute and requires a careful balancing analysis in each and every case.  For example, “fair use” would not allow someone to set up a College and Career Readiness Assessment Partnership (or, CCRAP, if you will) and then just distribute the entire test under the guise of an “educational” purpose.

However, Dr. Oyler’s post was clearly a critique and designed to inform the public about the nature of the PARCC examinations.  While fair use under that category would have to be argued by people with expertise, it is hard to imagine why such an argument cannot be made.  Diane Ravitch reports that a board member of the Network for Public Education is an attorney with significant experience in intellectual property law, and his opinion was that PARCC’s claim has little merit.  Not only were most of the materials considered objectionable descriptions rather than excerpts, but also the question of fair use for actual quotations has to be considered given the purpose of of the blog.

Another potential fair use exception should be considered as well: news reporting.  While the law on this is a complex and shifting landscape, it is true that there have been court rulings that grant bloggers the status of journalists.  Critically examining the PARCC tests could not be more in the public interest regardless of the organization’s desire to wield copyright to prevent that examination from happening.  100s of millions of dollars of federal money was spent developing them.  States are contracted to spend 100s of million of dollars more using them.  While the secrecy about the tests make them utterly useless in helping teachers and schools design better instruction for students individually and collectively, the exams are being used for very high stakes purposes.  Annual testing is a requirement under federal law, including the revised Elementary and Secondary Education Act that passed last year as the successor to No Child Left Behind.  While states and districts have more flexibility in the use of testing under the new law, there is no indication that states are rushing to remove growth measures based on standardized tests from teacher evaluations, so PARCC still has an impact on teachers’ careers.  Students and schools are still being ranked based largely on standardized test data, and under agreements with the Obama administration that are still in effect, states are obligated to identify their lowest performing schools using standardized test data.  What exactly will come when the new law is in full effect is unknown,  but there is no reason to believe that annual tests will cease to play high stakes roles in how students are sorted, how teachers are evaluated, and how schools and districts are ranked.

I find it very hard to entertain the notion that PARCC Inc’s interest in being able to continually dip into a pool of unreleased test items outweighs the public’s interest in knowing the content and the quality of tests we’ve already spent huge sums of money on and which are and will continue to be used for high stakes purposes.  PARCC needs to put down the copyright club and legitimately engage the public whose tax dollars fund its entire existence.

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Filed under Common Core, Data, ESSA, NCLB, PARCC, Pearson, Privacy, Testing, VAMs

How to Appreciate Teachers

It is the national PTA Teacher Appreciation Week 2016, and there are a number of ideas hosted on the PTA’s website for how you can #thankateacher.  If you are a teacher, you can start a GoFundMe campaign for classroom supplies or, if you are a parent, to personally thank your children’s teachers. The PTA offers a toolkit so you can plan events to honor teachers in your schools as part of a celebration that has taken place in the first week of May since 1984.

(The National Alliance for “Public” Charter Schools also decided to schedule their “National Charter Schools Week” for the same week this year in what I am sure was not a deliberate effort to steal some free publicity at all.)

Teacher Appreciation Week is, of course, a lovely idea, and when it was launched in 1984, I doubt any of its founders could envision the issues facing teachers and teaching today.  Teachers across the country are getting cards, flowers, baked good, and some very well deserved nachesHistorically, teachers always have been highly motivated by the affective rewards of teaching – seeing children learn, gaining affirmation from their successes, building relationships with children and colleagues – but who can say no a nicely concentrated dose of positivity?

Gift baskets and flowers, however, don’t address the other 175 days of the school year, and those remain, as they have for some time now, unnecessarily stressful and subject to policies and incentives that diminish teachers’ autonomy and satisfaction in their work.  Teachers remain with policies that reduce their ability to plan their own classrooms, subjected to evaluations based upon invalid statistical methods using standardized test scores, and blamed for everything from being lazy to putting the future of the nation in jeopardy.  No wonder that enrollments in teacher preparation programs have fallen steeply from a high of over 700,000 in 2009 to barely above 450,000 in 2014 – high school students have ears and eyes, after all.  If we keep appreciating teachers like this, we may not have very many of them left to appreciate.

How should we really appreciate our teachers all year long?  A few suggestions:

Actually Treat Teachers as Professionals.  Education reform has an unfortunate tendency to treat teachers as if they are hopelessly outdated, the equivalent of a quill pen and parchment in the digital age.  In that view, teachers need a constant stream of prescriptive measures to make certain that they don’t bungle the job: new standards, scripted curricula, computer delivered instruction, constant outside assessment.  I know very few teachers who do not welcome the opportunity to try and use new tools that could improve their teaching, but tools are no substitute for actual professionals who use them skillfully – or who evaluate them and decide to seek better ones.  In many respects, that’s an operable definition of professional: someone who knows her or his job, what is necessary to accomplish it skillfully, and is trusted to construct practice effectively out of a variety of available resources in order to meet local needs.

For more and more teachers that sense of agency and professional practice is fading in a mass of expectations and initiatives that have given them little participation and voice.  In the workplace survey conducted by the the Badass Teachers Association with the AFT, 40% of respondents said that lack of say in decision making was a source of stress, and a whopping 71% of respondents cited new initiatives without proper training and development as sources of stress. 35% were stressed by a mandated curriculum, 32% by standardized testing, and 27% by data gathering expectations. A staggering 73% of respondents said they were often stressed on the job, and those teachers were less likely to have actual decision making capacity or trust their administrators to support them.  79% of teachers do not believe that elected officials treat them with respect, and 77% do not believe that the media treats them with respect.

The opposite of this is not showing up with flowers once a year and crowd sourcing classroom supplies. What teachers need is a near 180 degree turn in the way policy and policymakers treat them. If teachers are professionals, then they need to be welcomed into policy discussions and their recommendations, and reservations, taken seriously.  Further, teachers need to be allowed sufficient autonomy to both construct curricula that match their specific students and circumstances and to make necessary adjustments based upon what happens during the school year.  Such professional decision making is nearly impossible in an environment that insists upon scripted lessons and that places enormous power in the hands of one time snap shot assessments that become ends unto themselves. Professional evaluation of teachers can incorporate a wide range of materials that actually reflect the meaningful work teachers do with students embedded within a system predicated on growth and support rather than upon measurement and punishment.  Imagine schools where teachers work collaboratively on how to best approach the needs of students and where administrators and policy makers endeavor to get them the tools and resources they need to implement those plans.  We can get there, but only with a  genuine sea change in our priorities and how we view teachers.

Give Teachers the Time and Resources to Do Their Jobs: Attitude and involvement are steps in the right direction, but without the time and resources needed to do their jobs well and to continuously grow within their teaching, it will have little meaning.  Grappling with new ideas and different ways of understanding subjects and pedagogy takes significant time within a community of other professionals who are given meaningful chances to grow.  It would be unthinkable in other professions for outsiders with no specific expertise in the field to sweep in and tell practitioners to change and change quickly, yet nearly every major initiative in school reform since No Child Left Behind has done exactly that, and we have almost nothing positive to show for it.  It is time to spend less time measuring teaching and more time enabling it. How might we do this?

  • Reducing class sizes: Research is pretty clear on this — smaller class sizes improve academic outcomes for students and increase student engagement overall, and they improve long term outcomes for students and retention of teachers.
  • Time for teacher collaboration: We’ve known this for ages. Teachers and students benefit when teachers are able to effectively collaborate with each other, and in order to do that, they need space and time.  While teachers are often willing to give some of their existing time for this, it is also a systemic responsibility that has to be enabled by policy and administration.
  • Fully fund mandates: Lawmakers love giving teachers responsibilities.  They usually fail to love funding those responsibilities.  Consider the Individuals with Disabilities in Education Act.  When it was signed into law by President Ford, Congress promised to fund 40% of the costs.  Congress has never done better than 20% in 41 years.
  • Embed needed social services for our most needy children: Children who come from highly stressed communities need far greater resources than their peers in more affluent communities, and one of the best ways to address this is to embed high quality services within their schools. Early access to nutrition, health providers, social workers, and after school support programs all have positive short and long term benefits for high needs children, and they help teachers focus on a fuller education for their students.  Certainly these services are a far better investment of resources than continuing to fund the school to prison pipeline through increasingly criminalizing school discipline.
  • Repair our schools: The federal government estimates that nearly half of our nation’s schools need repairs and modernization to  the amount of $197 billion.  This number does not capture the truly decrepit situation in some of our nation’s schools, however. Public schools in Detroit, for example, have numerous cases of buildings falling apart with mold, water damage, and even mushrooms growing from the walls. It is appalling that we can expect anyone to teach or to learn in such conditions.

The teachers that I know want to do their jobs, and they want to do their jobs well.  If we truly appreciated them we would enable that work with the time and resources necessary for them to truly do it.

Fund all of this: That might sound obvious, but it is something that has apparently escaped the federal government and our nation’s governors.  Despite the economic recovery, governors across the country from both parties still have not restored education spending to pre-2008 levels and some are still cutting.  New York remains billions of dollars annually below agreed upon funding levels from nearly a decade ago (although it did spend almost 2 million dollars arguing in court that it shouldn’t have to), and Governor Andrew Cuomo has repeatedly insisted that the money doesn’t matter.

Bollocks.  Dr. Bruce Baker of Rutgers explains:

We are being led down a destructive road to stupid – by arrogant , intellectually bankrupt, philosophically inconsistent, empirically invalid and often downright dumb ideas being swallowed whole and parroted by an increasingly inept media – all, in the end creating a massive ed reform haboob distracting us from the relatively straightforward needs of our public schools.

Many of the issues plaguing our current public education system require mundane, logical solutions – or at least first steps.

Money matters. Having more helps and yes, having less hurts, especially when those who need the most get the least.

Equitable and adequate funding are prerequisite conditions either for an improved status-quo public education system OR for a structurally reformed one.

It’s just that simple.

Everything we need to see costs more money – sometimes a lot more money – and it is well past time that we stop simply saying that teachers are “heroes” and step up as a society to fund what is necessary for them to do their jobs to the best of their ability.

Stop attacking teachers’ professionalism and professional unions: Another front in today’s education reform is to speak with one mouth about how important teachers are and how it is vital to make certain that every child has a “highly effective” teacher, and then to speak with another mouth attacking the very notion of teachers as lifelong professionals. Education reform seems far more interested in promoting “market disruption” in teacher preparation rather than strengthening actual professional education and providing career long, meaningful, professional development.

Across the country, there is a genuine war being waged with dark money against teachers’ workplace rights.  Hoping to build off of the initial – and now thankfully reversed – success of the Vergara lawsuit in California, former news anchor Campbell Brown has taken a pile of undisclosed money to fund similar efforts across the country for the purpose of turning all teachers into at will employees.  The fact that most of her arguments do not stand up to any kind of scrutiny does not appear to matter to her backers who continue to funnel money into her efforts. Worse, those same backers appear entirely disinterested in how incredibly complicated teachers’ workplaces are and how many competing interests intersect in their work – which Peter Greene very cogently explained is one of the most important reasons for the due process protections of tenure:

A private employee serves one master — the company.

A public school teacher serves many “bosses”. And on any given day, many of those bosses will fight for ascendency. A teacher cannot serve all of those interests — and yet that is the teacher’s mandate. Tenure is meant to shield the teacher from the political fallout of these battles:  to give the teacher the freedom to balance all these interests as she sees best.

I would add to this that a truly professional teacher must often be a thorn in the side of administration — advocating for the children in her classroom even if it means telling an administrator that he is wrong. But the attack on teachers personally and professionally really has very little to do with any realistic understanding of what it means to teach and to be a teacher.  It looks very much more like a concerted effort to turn teaching into a job that an idealistic person may do for a few years in her 20s before being replaced with a fresh, newly idealistic, candidate who will teach for a few years using a scripted curriculum and then move on as well. If we truly appreciate teachers, we need to embrace making their professional education improve through thoughtful and substantive preparation for a lifelong career, and we need to defend the hard won protections in the workplace that make truly professional teaching possible.  Rejecting efforts to turn them into lightly trained and easily replaced cogs is absolutely essential.

So it is Teacher Appreciation Week.  The teachers in your community surely thank you for the ways you made them smile the past five school days.  They will also truly thank you for appreciating them the rest of the school year if you truly recognize their work and  genuinely support what makes that work possible.

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Filed under classrooms, Common Core, Data, ESSA, Funding, Media, NCLB, politics, schools, Social Justice, standards, teacher learning, teacher professsionalism, teaching, Testing, Unions, VAMs

How Far Have We Sunk? Pretty Far.

At the end of April, Washington Post education reporter Valerie Strauss wrote in her Answer Sheet blog that the Harley Avenue Primary School in the town of Elwood, N.Y. recently canceled its annual Kindergarten play so they could dedicate more time to making certain the children are prepared for “college and career.”  The cancelled show was to be performed in the middle of May, and a letter to parents explaining the rationale was dated April 25th of this year – so there is little chance that this is actually an elaborate April Fool’s prank.  In the text of the letter, the school told parents:

The reason for eliminating the Kindergarten show is simple. We are responsible for preparing children for college and career with valuable lifelong skills and know that we can best do that by having them become strong readers, writers, coworkers and problem solvers. Please do not fault us for making professional decisions that we know will never be able to please everyone. But know that we are making these decisions with the interests of all children in mind.

A Kindergarten play. Canceled. Because Kindergarten children need to be prepared. “For college and career.” And the play would taken too much time away from THAT.

picard

We can certainly start with the obvious – for five year olds, putting on a play DOES help them learn “valuable lifelong skills.”  Working together, learning dialogue and songs, taking direction, expressing themselves, pushing their boundaries, taking risks — in what possible universe are these not fantastic learning experiences for Kindergarten children?  If there is a better recent example of missing the forest for the trees, I haven’t seen it.

On a more serious note, this also rings horribly of how terribly awry childhood has been going in this age of standards and “rigor” and high stakes.  Not only are we pushing academic tasks to younger and younger ages where they are simply inappropriate, there is growing evidence that it actively harms children to do so:

New research sounds a particularly disquieting note. A major evaluation of Tennessee’s publicly funded preschool system, published in September, found that although children who had attended preschool initially exhibited more “school readiness” skills when they entered kindergarten than did their non-preschool-attending peers, by the time they were in first grade their attitudes toward school were deteriorating. And by second grade they performed worse on tests measuring literacy, language, and math skills. The researchers told New York magazine that overreliance on direct instruction and repetitive, poorly structured pedagogy were likely culprits; children who’d been subjected to the same insipid tasks year after year after year were understandably losing their enthusiasm for learning.

Very young children need play.  This is hardly in dispute.  But in recent years, there has been increasing focus on test based performance by third grade that has created pressure to ensure children are “ready” by increasing academics in earlier and earlier grades.  While very young children are capable of learning skills and knowledge that will feed into academic performance later on, they need to learn it in ways that actually meet their needs.  By the time a Kindergarten class cannot spare the time to put on a show — which, incidentally, will teach the children a lot – because of pressure to focus on “college and career” readiness, then something is horribly, horribly wrong.

It is also bizarre that a community like Elwood would feel this kind of pressure.  According the United States Census,  47.9% of the community residents have a bachelor’s degree or higher compared with statewide number of 33.7%.  Median household income in Elwood is $108,401 compared to a statewide median of $58,687, and only 2.7% of the population lives below the federal poverty line while the average is 15.6% statewide.  The median value of owner occupied homes in Elwood is $478,300 while the statewide median is $283,700.  Elwood also compares favorably to Suffolk County on Long Island as a whole.  In Suffolk County, 37.5% of the population has a B.A. or higher, the median household income is $88,323, and the median home value is $376,800.

Elwood’s public schools appear to be doing well also.  The New York State Education Department’s data portal shows exceptional performance on state standardized tests in Elwood.  Harley Avenue Elementary is a K-2 school which feeds into James H. Boyd Elementary’s 3-5 program. Although 25% of students opted out in 2015, the proficiency numbers between the 2014 and 2015 tests do not appear different in any appreciable way.  In the 2014 tests, 15% of students scored a level 4 in the ELA exams, and 38% scored at level 3 while statewide averages were 9% and 22% respectively.  In math, James H. Boyd students also out performed state average with 23% scoring level 4 and 34% at level 3 in 2014 while statewide those numbers were 14% and 22%.  While these numbers are not the highest in Suffolk County, they are well above the average.

So – we have a small town.  Better educated, wealthier, and performing better on state assessments than other communities in its county and state.  But they cannot spare time in Kindergarten to put on a play.  And while this example has raised many eyebrows, it goes without question that the high stakes environment has taken an even heavier toll on minority students in the form of narrowed curricula and ever increasing pressure to teach to the test.  Sadly, we knew this even before No Child Left Behind was passed as evidence from the so-called “Texas Miracle” showed diminished quality in education at all schools, but especially at Latino majority schools. Our ethnic minority and economically disadvantaged students were the canaries in the coalmine showing us how high stakes testing diminishes educational quality.  By the time towns like Elwood are figuring it out, we’ve pretty well killed every canary we have.

Something else stands out here as well.  Administrators in Elwood have taken significant flack from all sorts of critics for both canceling the show and then for justifying it on the grounds that those tiny Kindergarten kids need to be subjected to more rigor and more college and career readiness.  And yet, those administrators did not invent the policy environment they work within.  In today’s zero sum game of education as competition, perhaps Elwood’s administrators are looking around at the nearby schools that “outrank” them and figuring they need to up their game in order to look good enough.  The pressure to think like that is not exactly new, but recently it has increased dramatically, and three men bear far more responsibility for that than the public school administrators in Elwood:

Gates

Bill Gates spent 100s of millions of dollar rushing the Common Core State Standards into public schools without anyone having time to prepare schools and teachers for them or even knowing if they were actually any good.  Secretary of Education Arne Duncan famously said that he thought “We should be able to look every second grader in the eye and say, ‘You’re on track, you’re going to be able to go to a good college, or you’re not,’ ” – signaling how obsession with standardized testing was only going to get worse in the country.  Chief architect of the Common Core, David Coleman, expressed his disdain for writing in school that detracts from analysis and his ideas of rigor, saying that “As you grow up in this world, you realize people really don’t give a s— about what you feel or what you think.”  These three men, with their impatience, their obsession with standardized testing data, and their general disdain for anything that doesn’t match their priorities have inflicted great damage on American public education, wielding influence far beyond their wisdom.

So if Kindergarten children in Elwood, New York cannot have a play because they need to be “college and career ready,” we should aim our disgust at the people who invented that phrase and made 50 million school aged children chase it without a single public debate on the issue.

Kindergarten

 

ADDENDUM: When the article from The Washington Post was forwarded to me, I failed to notice that it was dated from April of 2014. Unfortunately, as an Elwood parents affirms in the comments, the annual Kindergarten play has not been reinstated.  I hope the children of Elwood get a return to sanity in the near future.

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Filed under Arne Duncan, child development, Common Core, Data, Gates Foundation, Testing

Andrew Cuomo – Still Petty and Destructive

When New York Governor Andrew Cuomo gave his 2016 budget address, he sounded like a changed man.  Less that 4% of his speech was dedicated to P-12 education compared to over 20% of his 2015 budget address where he detailed a brutal agenda to make student test scores 50% of teachers’ evaluations and calling the existing teacher evaluation system, which he had previously championed, “baloney” solely because it failed to find more teachers incompetent.  Governor Cuomo charged hard at this agenda, ramming it through the budget process, but then he took a beating in public opinion polling and set off the largest opt out movement in the nation.  After months of various agencies and entities trying to walk back the harshest measures of the 2015 budget bill, Governor Cuomo’s 2016 speech in Albany presented a far less ambitious P-12 education agenda, highlighting only the light concessions he had made on standards and testing and promising to find enough money finally to stop stealing school aid from districts via the hated gap elimination adjustment.  Observers could have been forgiven for thinking this signaled a change in Governor Cuomo’s approach to education and that he might be willing to finally recognize that growth and support are better tools than test and punish.

Not a chance in Hell.

Last week, the state Division of the Budget, which reports directly to the Governor, announced that 70 schools which had improved sufficiently to be removed from receivership would no longer be eligible for state improvement funds.  The argument is based upon the fact that $75 million in state school improvement funding is only available to schools on the receivership list even though New York State Education Department spokesman Jonathan Burman argued that removing the money just as the schools have made progress “makes no sense.”

The Governor’s Division of the Budget could have responded in any number of ways.  They could have expressed pride in the success of schools that were removed from the list and pledged to find other ways to support their growth and development.  They could have lamented the limitations of the state receivership law that potentially leaves schools in the untenable position of having to function under constant threat of being closed even when they meet their improvement targets or of losing critically needed funds.  They could have called for an immediate legislative fix allowing the Division of the Budget to keep school improvement funds allocated while schools actually improve. After all, isn’t the purpose of examining school performance and requiring clear improvement targets about improving the schools?

Not a chance in Hell.

Spokesman for the budget division, Morris Peters fired back,  “To suggest that these schools should remain eligible for the funding even though they were removed from the program is contrary to the law and, most importantly, a blatant disservice to the children who have been condemned to these failing schools and received sub-quality education for decades.”  Mr. Peters went on to claim that NYSED had “unilaterally” removed the schools from the list, so they could not get the money.  Not a word about the improvement the schools had made.  Not a word of regret that schools which had made actual progress would lose funds.  Just a snarl worthy of the nastiest we have ever seen coming out of education “reform” in New York stapled to a gripe about NYSED actually exercising its legitimate authority.

It is helpful to revisit education authority in New York.  Contrary to Mr. Peters’ petulant gripe, the executive branch of New York has almost no direct education authority whatsoever.  Most of that authority resides with the New York State Education Department which is run by the Commissioner of Education appointed by the state Board of Regents.  The Regents, through the Commissioner, oversee the complex and sprawling University of the State of New York which includes over 7000 public and private schools, 248 public and private colleges and universities, 7000 libraries, 750 museums, the State Archives, 48 licensed professions employing over 750,000 practitioners, and 240,000 certified public school teachers, administrators, and counselors.  The Regents themselves are selected by the Legislature to represent different judicial districts and at large seats, and they elect their own Chancellor. The Executive Branch, meaning the Governor’s office, has no legal authority over the USNY and its board of Regents whatsoever.

This is not to say that the Governor is without any authority or influence.  The budget is a powerful tool with which to shape agendas, and Mr. Cuomo has wielded it like Mjolnir to smash everything in sight.  The Governor can also pressure legislators to pass favored policies, and he can cultivate a working relationship with the Regents.  Certainly, Governor Cuomo and former Regents Chancellor Merryl Tisch enjoyed a chummy enough partnership, exchanging letters towards the end of calendar year 2014 that became a rough outline of Mr. Cuomo’s 2015 education agenda.  However, the Board of Regents has a new Chancellor, Betty Rosa, a former New York City teacher and administrator, who told reporters that if she were a parent and not on the Board of Regents, she “would opt out at this time.” Time will obviously tell, but it is very likely that Governor Cuomo will face far more challenges from Chancellor Rosa than he would like.

Which makes the sneering disdain from Mr. Cuomo’s budget spokesman so glaring.  Under the terms of waivers from the worst provisions of the No Child Left Behind law that New York got from the Obama administration, the state has to identify and provide interventions for so-called priority and focus schools that comprise the bottom 5% and 10% of schools respectively.  Additional legislation in New York requires that schools be identified as “struggling” and “persistently struggling”among the 5% designated “priority schools,” and these schools have very short timelines within which to make progress before they are at risk of extremely drastic consequences such as being closed and turned over to private management.  The more savvy reader will note that, based upon test scores, there will ALWAYS be a “bottom 5%” of schools in the state, so even if schools currently on the list are removed, a fresh round of schools will be eligible for priority school status immediately and given the same threats.

Not that that matters to the Governor’s office which complained bitterly that NYSED used its authority to recognize schools facing severe consequences and had improved.  Apparently, it doesn’t even matter that many of the schools removed from the list had actually made progress in the previous year according to federal accountability reports that were not available when they were originally listed.  If I had to guess, I’d wager that Governor Cuomo is most upset that the schools are no longer legally under threat of being shut down and given to charter school networks so clearly favored by him and by his campaign donors.  Recognize that the schools in question were making progress?  Recognize that remaining on the list would keep them under constant threat even though they had succeeded in beginning the improvement process?  Recognize that progress should be supported and call for ways to continue to support the schools even though they no longer met the criteria for “struggling” and “persistently struggling” schools?  Recognize that some of the interventions slated under the state grants – such as developing community schools with wrap around services for high need students – are interventions that all schools with students in extreme poverty should consider?

Not a chance in Hell. This is Andrew Cuomo’s Albany.

 

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Filed under Betty Rosa, Funding, MaryEllen Elia, NCLB, New York Board of Regents, politics, Testing

Kansas Has Had Just About Enough of This Public Education Nonsense

Like many states from the former American frontier, Kansas has a long, and often proud, history of offering free public education for its citizens.  The territory’s  first free public school in Council Grove was established in 1851 for the children of white government workers and others who traveled along the Sante Fe trail.  In 1858, the Territorial Legislature authorized the office of Territorial Superintendent of Common Schools and County Superintendents, beginning the process of opening common schools within walking distance of most eligible students. The 1861 Constitution of the new state of Kansas recognized the need for a uniform system of Common Schools and schools for higher grades as well.

By the 1870s, so-called “log schools” were established across Kansas, and in 1874 the first compulsory school attendance law was passed requiring students between the ages of 8-14 years old attend a 3-4 month school year.  The state wanted to promote more than a primary education by 1885, and public county high schools were developed.  Like many states, the earliest teacher credentials merely required a demonstration of basic literacy, but Kansas followed national trends in the late 1800s to implement more stringent requirements for acquiring a teaching certificate, and the state board began accrediting teacher education programs in 1893.

Kansas was at the center of the fight to overturn school segregation when the Topeka Board of Education fought to maintain its segregated school system all the way to the Supreme Court in the landmark Brown v. Board of Education in 1954.  Although the Topeka Board of Education was on the wrong side of the case, that loss paved the way for active integration efforts that continued throughout the 1950s, 1960s, and 1970s until efforts stalled after Ronald Reagan’s election.  In many respects, the story of public education in Kansas reflects the story of public education across many of our nation’s states: progress, both voluntary and compelled, slowly ensuring that the scope and promise of public education reaches more and more citizens.

Kansas may just be done with all of that nonsense.

Governor Samuel Brownback’s pledge to turn Kansas into a laboratory of conservative, small government experimentation is certainly well known by now – as is the havoc that it has unleashed upon tax revenue and economic growth.  Governor Brownback’s budgets have slashed deeply into Kansas primary, secondary, and higher education on multiple occasions, and his 2015 budget hacked another $44.5 million, and cuts amounting to another $57 million are on the table for this year.  Spending on public schools has been so inadequate that in 2014, the Kansas Supreme Court ordered the legislature to increase spending and to use that money to alleviate funding disparities between districts.  While the highest court asked a lower court to reconsider its order that spending increase statewide by an eye watering $400 million a year, legislators were essentially ordered to get adequate funding to poorer districts.  Lawmakers and the Governor failed so spectacularly at that task that the Kansas Supreme Court ordered them in February of this year to fix the matter by June 30th.

One might think that after years of self-imposed budget shortfalls standing between Kansas legislators and their Constitutional obligation to fund schools, that someone in Topeka might take a moment to reflect upon the sustainability of their desire to cut government to the bone.  Someone, you might expect, might ask that if they cannot find the money to provide the most widely agreed upon functions of government – a functioning common school system – then what are they doing to the future of Kansas?

Not a chance.

Kansas legislators would prefer to impeach judges than actually fund their schools. Instead of impeaching judges for misconduct, the proposed law, which had the immediate support of half of the state Senate upon introduction, would allow for impeachment over attempting to “usurp the power” of law makers or the governor.  The bill passed the Kansas Senate and now sits in the judiciary committee in the House where it is unlikely to meet much opposition.  The message Kansas law makers are sending?  Don’t tell us when we are violating our Constitutional obligations to fund an appropriate education for all children in Kansas — shut up and let us keep cutting taxes.

If you think it could not get possibly worse, you lack the destructive imagination of some Kansas lawmakers.  Introduced in House Bill 2741, which was filed just before a month long recess, is the Kansas Education Freedom Act – a potential final nail in the coffin of public education in the Sunflower State.  Under this plan, parents would be able to take 70% of the funds allocated for per pupil aid in their district and use it to pay for private schools, online schools, homeschooling, or private tutors.  While the legislation would require education in certain core subjects, oversight of that would fall to the State Treasurer instead of the Department of Education, and students educated under these funds would not be subject to the state tests used to assess district schools.  And just to rub a little more salt in the wounds of public schools, the legislation restricts spending of state funds so severely that it cannot be used for school meal programs and even extracurricular activities such as band that have courses connected to them might not be able to use state money.

70% of per pupil funds – gone. The moment a family selects to pursue an option, basically any option, other than the district school.

Vouchers have been tried in several major cities over the past few decades, and their record – on increasing access to additional options, on improving student outcomes, on improving public schools via competition, and on general school finances – is nothing to brag about.  The Kansas legislation proposes opening the door for public school funds to be sent to online charter schools even though recent studies demonstrate that such schools have “an overwhelmingly negative impact.”  Even the pro-charter school organization The National Alliance for Public Charter Schools found the results so disturbing that they said they were “a call to action” for policy makers.  It also seems odd that a state desperately trying to slash its education costs would propose sending money to students and families who would normally cost the system very little – students attending private schools or being home schooled.  If this passes, each one of those students will cost the state 70% of a student attending a local school.

But beyond these alarming cautions is another, even more disturbing, implication of the bill: the complete abandonment of public education as a PUBLIC endeavor premised on equity and pluralism.  The scheme worked out in the “Kansas Education Freedom Act” is to essentially tell families that the only purpose of an education is to maximize what they can individually get out a marketplace.  In the long history of public education in America, it is very hard to find examples of completely abandoning the public purposes of compulsory education such as civic education and community based ideals such as pluralism and equity.  H.B. 2741 basically chucks that in favor of a mad dash to grab resources for individuals instead of making sure that all individuals live near quality resources.  It is not difficult to predict how parents with means at their disposals will use this legislation to elbow others out of their way.

Voucher proponents have always papered over concerns about access and equity in their schemes largely because their favored mechanisms – marketplaces – are designed specifically to provide great variation in quality based on ability to pay.  But it is very different to say that it is okay that the car marketplace allows some people to buy Bentleys while others buy used cars; it is entirely another to say that someone should seek out the equivalent of a 1987 Yugo for a child’s education. Since vouchers have not historically opened a wide range of options for poorer families, let alone a wide range of quality options, the likely outcome of H.B. 2741 will be to simply transfer public money to people already seeking private education, decreasing community stakes in local schools and, by extension, local communities.

Kansas wrote its commitment to public education directly into its Constitution in 1861.  Is 2016 the year that it says it is done bothering with it altogether?

toto

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Filed under charter schools, Funding, politics, Social Justice

NYC Hasn’t Gotten the Opt Out Memo

Let’s begin with one simple premise: nobody at the New York State Education Department wants to see Opt Out continue to be a significant factor in the Empire State.  The United States Department of Education sent a variety of states letters explaining they had an obligation to test 95% of all student in all subgroups without fail, even offering various measures from cajoling to threatening that the states could take to get all of those students to sit down and be tested. After some initial stumbles, NYSED settled on a “kinder and gentler” approach, trying to coax the 20% of eligible families to opt back in to the tests.  Regents Chancellor Merryl Tisch and Governor Andrew Cuomo quickly ran away from NYSED Commissioner Elia’s suggestion that districts with high opt out might lose funding.  In short order, Commissioner Elia affirmed that her office had no intention of withholding funds and admitted that parents had the legal right to refuse to submit their child for the state exams.  In the following months, Albany introduced a series of changes to the exams – such as reducing them by a few question and removing time limits – that they hoped with allay parental concerns, and Commissioner Elia’s office put together a “tool kit” for district and schools to use to explain the exams to parents.  The information provided for both letters and presentations emphasizes what NYSED sees as positive and necessary aspects of the tests instead of negative consequences for low test participation rates.

Parents and educators may disagree about the significance of the changes and about the accuracy of the information in the state materials, but the strategy was obvious: Gently persuade parents and communities back into the fold.  This was certainly a sensible approach considering the pasting Albany took not only on state testing but also on the entire education agenda championed by Governor Cuomo throughout 2015.  Even before he managed to bully his plans to use state tests as 50% of teacher evaluations through the Assembly, voters disapproved of his education agenda by extremely wide margins.  The Governor took such a pummeling in the polls on education in 2015, that his 2016 budget address only had 364 words on P-12 education that more or less reduced his entire platform to “yadda yadda yadda…teachers are swell.”  When it comes to public education in the Empire State, our leaders in Albany have spent most of 2016 trying to pour gallons of honey on their plate full of vinegar.

Someone in New York City did not get the memo, apparently.

Test refusal was not a significant issue in New York City last year, although a handful of schools saw much higher opt out rates than the city in general. But the office of New York City Schools Chancellor Carmen Farina apparently wants to take no chances of it gaining more than a toehold.  Pro-testing forces upstate seem happy to rely upon outside groups to carry the “opt in” message and to focus on emphasizing what they see as meeting test protesters part way, but the offices in Tweed aren’t taking any risks that opt out can grow and thrive in the Big Apple. In the run up to the tests, The New York Times reported ongoing and serious negative talk about teachers who spoke out against the tests and in favor of opting out:

At a forum in December, Anita Skop, the superintendent of District 15 in Brooklyn, which had the highest rate of test refusals in the city last year, said that for an educator to encourage opting out was a political act and that public employees were barred from using their positions to make political statements.

On March 7, the teachers at Public School 234 in TriBeCa, where only two students opted out last year, emailed the school’s parents a broadside against the tests. The email said the exams hurt “every single class of students across the school” because of the resources they consumed.

But 10 days later, when dozens of parents showed up for a PTA meeting where they expected to hear more about the tests, the teachers were nowhere to be seen. The school’s principal explained that “it didn’t feel safe” for them to speak, adding that their union had informed them that their email could be considered insubordination. The principal, Lisa Ripperger, introduced an official from the Education Department who was there to “help oversee our meeting.”

Several principals said they had been told by either the schools chancellor, Carmen Fariña, or their superintendents that they and their teachers should not encourage opting out. There were no specific consequences mentioned, but the warnings were enough to deter some educators.

One could possibly claim teachers speaking against the tests are engaging in political speech against contract rule – or one could argue they are expressing a professional opinion on the negative impact of testing they see with their own eyes in their own classrooms.  Certainly, the letter from PS234 teachers, as described, focuses on the consequences to students’ learning conditions rather than on any political outcome, but DOE is clearly trying to back channel messages to principals and teachers that negative comments about the test are off limits.  That would certainly explain an incident at PS 84 in Williamsburg where a principal chastised a fifth grader handing out Opt Out information until the child cried and then herded all third through fifth grade into an impromptu assembly to tell them to “get this opt out stuff out of your head.”  The principal went on to tell students not to listen to their parents and that the state exams would make them smarter.

That was not the behavior of a professional educational leader who feels free to allow open discussion of an important issue within the school.  For that matter, the principal’s behavior was arguably in violation of long standing case law on students’ first amendment rights within school.

Susan Trout, a Manhattan parent, forwarded a letter that her child’s middle school principal sent to all 8th grade parents, warning them about the consequences of a large number of opt outs:

This is a “low stakes year” for the eighth graders. Their performance on the exams will not be used by the high schools for placement or for admissions. It is not, however, a “low stakes year” for *******. If we do not test 95% of our students, the school will automatically be categorized as a School Under Review by New York State. This will result in a series of measures which may force us to change our curriculum, our staffing decisions and our program. It most certainly comes with close review of the school by the state, along with the paperwork to defend the school’s performance. This may negatively affect the students who will be at ***** for the next couple of years.

According to Ms. Trout, parents in her school who wrote to the principal expressing their desire to opt out of the test were then contacted individually by the school’s parent coordinator with the following message:

Hello.  By refusing to participate, you are putting us in jeopardy of no longer being considered a school in good standing.  We must have 95% participation to keep our school grade as is.  I would ask you to reconsider having your children take the test.  It is actually good practice for  their high school career since they will be tested a great deal in the college application process!

She then contacted the office of the Public Advocate in New York City for clarification, and got quite a different answer:

Regulations state that if a district has 3 consecutive years failing a SPECIFIC category, then they can be identified. If one year it’s because of special Ed scores, next year participation rates, the next was a whole other category, then no changes. Has to be failure of the SAME category 3 years running.  Even the handful of districts that fell below 95% for 4 years in a row (handful in NYS) were still not penalized or labeled. The label forces a plan put in place to fix the category/reason for failure, in this case, a parent boycott. The state knew better than to go forward with any consequence. 

Districts that were focus districts last year AND had less than 95% were taken off the list. Doesn’t make sense that % alone would cause them to be labeled. I realize all of the above specifies districts, not schools. However,confirmed by DOE staffer: there is absolutely NO POLICY that says one instance of <95% participation would result in “automatic characterization” of anything by NYS. It’s not an “automatic” process and is in fact based upon the previous 2-3 years in the event that a school falls below 95% in one year.

The information given by DOE to the Public Advocate’s office is diametrically opposed to the information a middle school administration circulated to parents.  Ms. Trout asked her parent coordinator about this discrepancy and was told that the information was from a “directive” from the district superintendent. Again, this is completely out of proportion to what any other level of education governance in the state is saying right now, and it is vexing, not because the city administration believes in testing, but because it is relying on incomplete and often misleading means to support the tests.

There was a brief moment, when it looked like the NYC educational bureaucracy was softening a bit.  Chancellor Farina was reported as having said in a private meeting that she would consider opting out a child if that child had a certain kind of Individualized Education Plan or was a new arrival in the country with very limited English, and Mayor Bill de Blasio met with opt out advocates in order to hear their views, clarifying that he still thought the tests were important.

Any hope that there was room for openness at Tweed, however, was shut down rapidly as the tests began this week.  Chancellor Farina said that her earlier comments were taken “out of context” and she further chastised parents who opt out, saying: “I believe students go to school to be held accountable for their work…What are you saying about your child?  What are you saying about your belief in them to do something that they’ve been gearing for all year?” This statement is fairly breathtaking.  It is one thing to believe in a system of school accountability that includes standardized testing, although the history of the No Child Left Behind era is pretty clear on this: test based accountability has had 15 years for results and it does not have themBut the Chancellor’s statement frames the accountability tests as objectives of the school year unto themselves.  The tests hold students “accountable for their work”?  The state standardized accountability test is “something they’ve been gearing for all year”?  I can honestly think of few ways of framing this worse than Chancellor Farina just did.  My children are preparing for many important things in their education this year – sitting in a standardized exam that takes longer to finish than the LSAT or the MCAT is just about the least important thing they could do.

I suppose — I just suppose — that we could be at least a little grateful for the wild spinning and random lashing out from the Chancellor’s office.  NYSED has tinkered a smidgen around the edges of the tests and they’ve taken a softer tone with the public.  But there can be no doubt – they want Opt Out to go away so they can keep these tests as the status quo.  Chancellor Farina, on the other hand, is being aggressive about her dislike for Opting Out, leading to repeated situations where parents are being told information that is flatly contrary to NYSED’s stated policies. History suggests that this level of overreaction and misdirection aimed at parents backfires.  If Opt Out grows in NYC, we might just have the Chancellor to thank for it.

Opting Out

 

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Filed under Activism, MaryEllen Elia, NCLB, Opt Out, Testing