parent refusing to let child take state exams (Oceanside). What do you think?

http://grumpythings.blogspot.com/2012/04/testing-perversion-parent-threatened.html?spref=fb

I would love to know people's opinion on the following correspondence between a parent and the school district (Oceanside). As a teacher myself I personally feel that these tests are not necessary and that their grades and evaluations should be based soley on the well educated, properly trained teacher and school that know the child best. It's not like if they don't take these tests it will hinder their future (ie, not necessary for college or the real world.) I also think that more parents should follow her lead and finally do something about these ridiculous "assessments".




Wednesday, April 18, 2012Testing Perversion: Parent Threatened and Parental Rights Violated in NY

This story does not require much introduction. The correspondence between the parent and the school officials speaks volumes and confirms the depth of the high stakes testing perversion.

The letter from the parent on her reasons for choosing to opt out her student from standardized testing: (highlighting in red is added for emphasis by Grumpy Educators)


From: [parent name removed]
Sent: Sunday, April 15, 2012 10:38 AM
To: Thomas M. Capone; Donna Gales
Subject: opt out.
Please be advised that my son [name removed] will not be taking the New York State assessments on April 17-19 and April 25-27. After watching [name removed] struggle and listening to his concerns, we have decided to opt out of this unnecessary testing.I am requesting that [name removed] be given an alternative real learning opportunity option.
[parent name removed]

The response from school officials:

Dear Ms. [name removed],
This letter is in response to your April 15, 2012 email and follows up today’s telephone conversation. In your email, you requested that the Oceanside Union Free School District (“District”) not administer the New York State English Language Arts (“ELA”) and Math Assessments to your son, [name removed]. During today’s telephone conversation, you reiterated this request. Upon my informing you that the State Assessments are not optional, you indicated that you planned to either: (1) keep [name removed] at home for the period during which the State Assessments were administered, (2) keep [name removed] at home for the portion of each day during which the State Assessments were administered, or (3) send [name removed] to school with instructions not to take the State Assessments.I remind you that, pursuant to the Regulations of the Commissioner of Education, all public school students in grades three through six who have not been deemed eligible by the CSE to take the Alternate Assessment, and are not parentally placed on home instruction, must take the ELA and mathematics elementary assessments. See 8 N.Y.C.R.R. §100.3(b)(2). As you know, [name removed]does not qualify for the Alternate Assessment. The Regulations contain no
“opt-out” provision, which would authorize a parent to have his or her child not
participate in the State Assessment. It is the District’s obligation to
determine all eligible students’ proficiency levels through the administration
of the State Assessments. As such, taking the State Assessments is mandatory
for [name removed].
If without medical justification, [name removed] is absent from school on any dayduring the Assessment period, the District will deem this absence as unexcused.Further, if you keep [name removed] home from school during the Assessment period,without medical verification, it is within the District’s discretion to deemthese absences as indicia of educational neglect, which would leave the Districtlittle choice but to contact Child Protective Services (“CPS”). Pursuant to theNew York State Education Department’s 2012 School Administrator’s Manual, astudent will receive a final score of “999? and will be counted as “not tested”if: (1) he is absent from the entire test; (2) he refuses the entire test; (3)he is absent for any session; or (4) he is present for all sessions, but doesnot respond to even one question on the test. Accordingly, if (name removed) engages inany one of these activities, he will receive a final score of 999, he will be counted as not tested, he may receive an unexcused absence, and CPS may have to be called. If [name removed] does not participate in the State Assessments, the District will use other formal or informal assessments to determine his proficiency level. If [name removed] participates in the State Assessments, he will of course be provided with his IEP-mandated accommodations.I hope the above has clarified any outstanding questions you have about [name removed] obligation to participate in the State-mandated Assessments and your obligation to make him available for testing. We look forward to having [name removed] participate in the State Assessments.

The parent responds:

Dear Mr. C:
I have referred your letter to my attorney. However, I have been advised and would like to take this opportunity to share with you the fact that parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially in the area of education. The Supreme Court has repeatedly held that parents posses the “fundamental right” to “direct the upbringing and education of their children.” Furthermore, the Court declared that “the child is not the mere creature of the State: those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional obligations.” (Pierce v. Society of Sisters, 268 U.S. 510, 534-35) The Supreme Court criticized a state legislature for trying to interfere “with the power of parents to control the education of their own.” (Meyer v. Nebraska, 262 U.S. 390, 402.) In Meyer, the Supreme Court held that the right of parents to raise their children free from unreasonable state interferences is one of the unwritten “liberties” protected by the Due Process Clause of the Fourteenth Amendment. (262 U.S. 399). In recognition of both the right and responsibility of parents to control their children’s education, the Court has stated, “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include Prince v. Massachusetts, 321 U.S. 158)
Since state law is superceded by Federal Law, parents are given the final say in matters of education and I shall have the final say in my son’s education.

And then she must write again when she learns her child was forced to test, ignoring the parent request and out of compliance with existing Individual Educational Plan documentation:

[name removed] advises me that he was forced to take the assessment today against his wishes and mine in a separate location, thereby resulting in emotional and physical stress. He is now complaining of a headache and “knots in his back”.
Not only have you violated my parental rights, but now you are failing to implement my son’s IEP, which as you know is a legal document.
I specifically direct you to pages 11 and 12 of [name removed] IEP (the testing accomodations section) wherein it states he is to begin exam in mainstream setting with significant proctor attention to reduce test anxiety.
While I do not feel the need to threaten you, I must advise you that should this situation occur again, I will be forced to contact the authorities.
Parent Signature (removed by Grumpy Educators)

edited to remove childs name

Message edited 4/21/2012 4:44:38 PM.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

i would sue

it's a parent's right, and honestly i feel like more parents should pull their kids-maybe it would make a statement regarding the absurdity of these tests

and the school would call cps?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Posted by evrythng4areason

i would sue

it's a parent's right, and honestly i feel like more parents should pull their kids-maybe it would make a statement regarding the absurdity of these tests

and the school would call cps?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

If they're not following the child's IEP, I'd say the school is in for a whole sh1tload of trouble.

This parent isn't the type to back down so good luck to them.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

If the child was in school and in a testing grade, he would take the test. Period. NYSED determined that- not the school or district.
There is no opt out option and the school does not need to make other arrangements.

If the parents truly didnt want their kid to take it they shoudlve just kept him home without alerting the school to the reasons why.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

As a parent I would be upset that my child's IEP was not followed. However, if she didn't want him to take the test, she should have kept him home. Unfortunately, it means she would have to keep him home for 2 weeks. The ELA was the 17th-19th and make ups are 20th, 23rd, 24th. The Math test is the 25th-27th and makeups are April 30th, May 1st and 2nd. So basically her kid would have to miss a ton of school to avoid the tests.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

I am a teacher who has always believed that testing is an inadequate means of measuring ability or potential.

I truly hope it sets a precedent.

I thought I was a rebel when my DD received a perfect score on an indicator test and we refused to send her to the mandatory 'extra help' session for the ELA. It was three mornings a week for the month before the ELA. You really might have thought I was abusing my child based on their response to that.

Message edited 4/21/2012 7:29:01 PM.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

If a parent has an issue with state tests, they should get involved and start a letter writing campaign to legislators rather than put the school in the middle of it. The school would love nothing better than to opt out of testing. It's a bear of a job to administer, score, etc. And they get hurt in their standings when students don't participate .

It KILLS me that schools and teachers are evaluated on an assessment that students and parents have no incentive to care about because it doesn't "count" for anything. Where's the motivation for kids to really do their best work as a reflection of all they've learned? You can bet your a$$ this parent wouldn't have opted out of the test if it was, say, they kid's final exam grade.

That said, she has a right to be pi$$ed that they didn't follow the IEP.

Message edited 4/21/2012 5:40:01 PM.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

I think this is the start of the many, many lawsuits to come. At my school we took detailed notes about weather, pollen counts, etc b/c half the kids were having allergy attacks. If this affects a teacher's evaluation, you can be sure this data will be used in a lawsuit.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Posted by headoverheels

Posted by evrythng4areason

i would sue

it's a parent's right, and honestly i feel like more parents should pull their kids-maybe it would make a statement regarding the absurdity of these tests

and the school would call cps?

The school is a mandated reporter - in a case like this they have little discretion. They have to make the call and it is CPS's job to determine whether the parents actions constituted educational neglect.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

I am a teacher and I get why this parent feels the way they do. I had two students crying in the middle of the 3rd grade test this year. I am on the parent's side and I hope something changes because of it.

How can you measure a child's abilty this way. Third graders had to sit for 90 minutes and take a test for three days straight. If you are going to measure how well a student does in the year, you have to have baseline data and compare it to how they do at the end of the year. AS a teacher, they want me to individualize EVERTHING. So, how is this test differentiating instruction? In math, they have to write responses. Some children HATE writing. Does that acutally measure their math ability? How about a reading passage being on a topic that the students have little prior knowledge. I am not going to get into details, but the ELA test had a passage on a places. The question asked them to list a certain area. They only way they could answer the question, is if they had social studies knowledge. Therefore, it was measuring more than reading comprehension. I hate the tests. I feel bad for those students who have made enormous progress and then they are told that they aren't doing good enough because they can't pass a test.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

While I too think that a lot of the testing is pointless, to just think you can "opt out" of it is ridiculous. Some people have such a sense of entitlement, it is insane. It is also teaching your children to have no respect for teachers, administrators, and authorities altogether to challenge something mandatory in a school. A headache and knots in the back are really not a serious ailment. Give me a break. She sounds like one of those "my child can do no wrong" parents. Wow- to think you can sue because you don't want your child to take a test? And as far as him being in special education-- you want your special needs child in a least restrictive environment and to be treated as an equal, but then you act as though he is incapable of taking a test has to do a lot for his self-esteem. Way to go mom!

ETA-- Sorry for the rant -- i am a teacher and get a little crazy about stuff like this.

Message edited 4/21/2012 8:55:57 PM.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Nys educational law does allow parents an opt out...have to search for the clause now.......will be back shortly

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Here it is appendix m of the admin guidelines put out by the state. As a mom of a 3rd grader, watching my bright girl who normally loves going to school fill with anxiety was difficult. There has to be a better way than No Child Left Untested.....


Appendix M: Rules to Determine Whether a Student Receives a Valid Score
The following rules will determine whether the student receives a valid score:
• Students who were present for an administration, including make-ups, of all sessions of the test and who responded to at least one question on the test will receive valid scores and be counted as tested in calculating a school’s participation rate.
• Students will be considered to have been present for all sessions unless they are marked as absent for the entire test or for one or more sessions.
• Students with a final score of “999” will be counted as not tested in calculating a school’s participation rate. A final score will be “999” only if one of the following occurred:
a. The student was absent for the entire test,
b. The student refused the entire test,
c. The student was absent for any session,
d. The student was present for all sessions but did not respond to even one question on the test,
e. The student’s results were invalidated due to an administrative error, or
f. The student’s SIRS record shows him or her as enrolled for the entire test administration period but includes no appropriate test record.
• In the case where a student leaves the test administration in the middle of a session and is not able to make up that part of the test (see “Illness” on page 12), school officials must decide whether to mark the student as absent for that session.
a. If any circle denoting absent is darkened, the student will receive a final score of “999.”
b. If the circle denoting absent is not darkened, the student will receive a score based on the questions completed. Any missing responses will receive a condition code of “A,” indicating no response, and the response will receive a score of zero. The final raw score will be the sum of the number of multiple-choice questions answered correctly and of the scores assigned to constructed-response questions.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Posted by My2Girlz11

Posted by mdn13

Posted by luckyinlove

While I too think that a lot of the testing is pointless, to just think you can "opt out" of it is ridiculous. Some people have such a sense of entitlement, it is insane. It is also teaching your children to have no respect for teachers, administrators, and authorities altogether to challenge something mandatory in a school. A headache and knots in the back are really not a serious ailment. Give me a break. She sounds like one of those "my child can do no wrong" parents. Wow- to think you can sue because you don't want your child to take a test? And as far as him being in special education-- you want your special needs child in a least restrictive environment and to be treated as an equal, but then you act as though he is incapable of taking a test has to do a lot for his self-esteem. Way to go mom!

ETA-- Sorry for the rant -- i am a teacher and get a little crazy about stuff like this.

You start out saying you think these tests are "pointless" Then why do you think that no one should stand up and say so. Clearly teachers and administrators aren't. They're just accepting of this nonsense and do as they're told like robots. I applaud this mother for teaching her child that sometimes we don't have to accept things just because no one is wiling to change what many think is "pointless"
As far as a headache and knot in back maybe you'll think differently when you're kids are of age to take the test and they are feeling sick over a "pointless" exam. I've seen many kids get sick to their stomach, have headaches and anxiety over this "pointless" exam.
i dont think she's teeaching her child to 'disrespect authority" . If no one stood up against INCOMPETENT authority where would we be?

Sorry for MY rant but I feel strongly about this too.

MANY teachers do not agree with these tests. We have no choice but to do what our bosses tell us to do. Just wanted to point that out.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

In the scope of things in regards to a childs life & future..these tests mean squat! I have always hated them. I never pressured my son, what he gets, he gets. 4,3..whatever. They made no impact on his grade,therefore I made no big deal out of them. This yr the testing was so stressful, my poor niece spent most mornings throwing up. Is this normal? From what I gather, these tests are really evaluating the teacher,why else would they be holding extra help & test prep after school? Oh & a big thank you for giving an assignment over Easter break... finishing 4 tests from the past,just to spend all of Monday (upon return from vacation) for review..the test was Tuesday. Guess you can prep really well in 1 day This was my own personal experience.

My opinion: goodbye state tests.. & Regents too for that matter!

ETA: I think the 4,3,2 scores are for terra nova..is that the same? & please don't judge me or think I don't care about education. My son is currently in a very prestigious school in queens on an academic scholarship (very proud Mama)

Message edited 4/22/2012 12:46:59 AM.

Re: parent refusing to let child take state exams (Oceanside). What do you think?

Posted by nel

Posted by My2Girlz11

Posted by mdn13

Posted by luckyinlove

While I too think that a lot of the testing is pointless, to just think you can "opt out" of it is ridiculous. Some people have such a sense of entitlement, it is insane. It is also teaching your children to have no respect for teachers, administrators, and authorities altogether to challenge something mandatory in a school. A headache and knots in the back are really not a serious ailment. Give me a break. She sounds like one of those "my child can do no wrong" parents. Wow- to think you can sue because you don't want your child to take a test? And as far as him being in special education-- you want your special needs child in a least restrictive environment and to be treated as an equal, but then you act as though he is incapable of taking a test has to do a lot for his self-esteem. Way to go mom!

ETA-- Sorry for the rant -- i am a teacher and get a little crazy about stuff like this.

You start out saying you think these tests are "pointless" Then why do you think that no one should stand up and say so. Clearly teachers and administrators aren't. They're just accepting of this nonsense and do as they're told like robots. I applaud this mother for teaching her child that sometimes we don't have to accept things just because no one is wiling to change what many think is "pointless"
As far as a headache and knot in back maybe you'll think differently when you're kids are of age to take the test and they are feeling sick over a "pointless" exam. I've seen many kids get sick to their stomach, have headaches and anxiety over this "pointless" exam.
i dont think she's teeaching her child to 'disrespect authority" . If no one stood up against INCOMPETENT authority where would we be?

Sorry for MY rant but I feel strongly about this too.

MANY teachers do not agree with these tests. We have no choice but to do what our bosses tell us to do. Just wanted to point that out.

I hate it, too, but if I want to keep my job, unfortunately, I have to "accept this nonsense." And I do agree that it's nonsense.

Re: parent refusing to let child take state exams (Oceanside). What do you think?