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Angel Engel elaborates on the legalities of Opting Out below:
and CRS 22-1-123 (5) (a) which states "...A school or school district employee who requires participation in a survey, analysis, or evaluation in a public school's curriculum or other official school activity shall obtain the written consent of a student's parent or legal guardian prior to the student being given any survey, analysis or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student's parent's or legal guardian's: (II) Mental and psychological conditions potentially embarrassing to the student or the student's family;..." Do please also consider the final sentence in Article IX, Section 15 of the State Constitution which reads: "Said directors shall have control of instruction in the public schools of their respective districts." And to support the concept of local control of instruction (and surely CSAP preparation and testing falls within the purview of "instruction) we have this ruling from Owens V. Colo. Congress of Parents, 92P.3d 933 (Colo. 2004) wherein the court rejected defendant's argument that with greater state funding comes greater state control over educational policy.
In regards to the second statement pertaining to federal guidelines. This was a misstatement and careless on my part. What I intended to say is that at this very moment, the proposal to overhaul No Child Left Behind is being presented to Congress. The proposal to revamp NCLB is scheduled for this coming Monday. The outcome of those changes and whether the proposal will be passed by both the House and Senate is uncertain. Just so that you aware the current Federal criteria to meet Adequate Yearly Progress requires only 95% participation in state testing. The Greeley school district has never made AYP since the inception of the NCLB law. That fact has had nothing to do with the growing number of parents who are opting out of CSAP. I can assure that I will be more detailed in my future remarks.
Lastly, now that you have the official word from the Colorado Department of Education I'll expect that you will correctly inform parents that The Education Accountability Act of 2009 (SB09-163) removed the negative weights for Unsatisfactory and No Score percentages. This was the entire point of my communication. I worked directly on legislative bills to remove the negative penalties, 07-HB1289, 08-HB1186. I have always believed that a parent should be able to act in the interest of their child without penalty or consequence to a school or a teacher. These types of tactics associated with high-stakes testing reforms have created an adversarial dynamic between parents and schools. I'm sure you can agree that our children are best served when parents and administrators work together.
You are correct in that there is a great deal of confusion when it comes to education policy and parental rights. I appreciate the opportunity to help clarify the specific outcomes for parents who refuse to submit their children to high-stakes testing. I have served as an educator and an administrator and I have even been invited to present my research to the Joint Education Committee. I can understand the difficulties in trying to make sense of Federal, State, and District Policies. While it is confusing for educators and administrators, it is especially complicated for families. Perhaps if you make this information publicly available parents can be better informed.
We received the following letter which supports a need for an independent group such as ourselves to promote the fight against CSAP and standardized testing.
Dear NCTE,
For many years, you were my professional organization, and I was proud to participate in the annual conventions.
But you betrayed me.
You sold your soul for a "seat at the table." You sold us out because "withholding expertise and comment from this effort would be inconsistent with NCTE's mission and could further isolate teachers from a process which might profoundly influence the conditions of teaching and learning" (Open Letter to NCTE Members). You pretend that you don't know what follows this "standards" or goal setting. Such pretense is specious at best, for this Duncan DOE is already accepting bids for the standardized tests.
Did you imagine that all of a sudden, Arne Duncan would throw out the absurd, research-denying multiple-choice "measures" and turn over the assessment to the teachers?
Did you imagine that Mr. Duncan would suddenly reverse his position that teacher jobs be tied to student scores, that he would suddenly trust us?
Did you imagine that what just happened in Central Falls was/is an aberration? In Central Falls, demographics make the story more complex and real: "According to the NECAP results (New England Common Assessment Program), of the Central Falls High School students who participated in the assessments, 22% were identified with Limited English proficiency with English as their second language compared to 3% for the state. Twenty-three percent had an IEP (individualized education plan designed for students with special needs) compared to the state average of 17% and 85% were classified as economically disadvantaged compared to the state average of 35%."
Did you imagine that we would forget the research that conclusively shows that poverty is the central problem with our schools? Did you think we wouldn't know that the United States has the highest rate of children in poverty of all industrialized nations in the world?
By sitting at this table, you have colluded with the very people whose motives are diametrically opposed to what education in a democracy must be. You have joined forces with the likes of the Business Roundtable and its cadre of corporations ready to steal fortunes from the pockets of taxpayers.
I said that you have sold us out, but the truth is far worse. For your precious seat at this poisoned table, you have traded the lives of our children, as if they were commodities on a stock exchange.
Shame.
Sincerely,
Cindy Lutenbacher
A former member of NCTE
Write Your Legislator
Write the School Superintendent
Tom Boasberg
Superintendent, Denver Public Schools
900 Grant Street, Suite 702
Denver, Colorado 80203 or email superintendent@dpk12.org
