Civics Lessons

The Study Commission Recommended That Our Kids Be Stuck Testing Into Eternity: Now What?

Yesterday, New Jersey Governor Chris Christie’s Study Commission on the Use of Student Assessments in New Jersey issued its long-awaited final report.  To the surprise of no one, the Governor’s minions Commission concluded that the PARCC test is wonderful, and that not only should New Jersey keep using it, we should require all high school students to take it to qualify to graduate starting with the Class of 2020, and require them to earn passing scores on the 10th grade English and Algebra I tests starting with the Class of 2021.  My older daughter is in the Class of 2023 (and my younger daughter is in the Class of 2027), so this has a direct impact on my family and me.  For the record, this year 36% of NJ students who took the 10th grade English Language Arts test receiving scores demonstrating that they met or exceeded expectations, and again, 36% of Algebra I test takers received scores reflecting that they’d met or exceeded expectations.

Here are the initial thoughts I shared on Facebook about the result:

Over a hundred people came out to the 3 public comment sessions. All but maybe ONE of them spoke against PARCC testing in NJ. Parents and educators everywhere — from teachers to my daughter’s recently retired building principal to our town’s superintendent — are opposed to this sham of a test. But the pre-determined outcome is in fact the actual outcome. Public comment had no impact whatsoever. 

The game is rigged, and it’s our children who are losing. But this outcome can be laid solidly at Chris Christie’s door, and the national media should hold him accountable for it. After all: he appointed the “independent” study commission; he appointed New Jersey Education Commissioner David Hespe; and he appoints all of the members of the New Jersey State Board of Education. So the buck stops with Christie. 

But on a structural level, the fact that ALL public education policy makers are ultimately accountable to one person demonstrates how broken and easily manipulated our state education policy truly is. 

We the Parents, We the Taxpayers, and We the People need to step in. It is time to demand change — an amendment to the NJ state constitution, if necessary, to get elected representation on the State Board of Education.  Rule making bodies like NJSBOE and NJDOE have tremendous power to interpret state education statutes however they see fit. They must be accountable to the people and not just to a governor dreaming of the White House. 

In NJ, our local school boards have abdicated policy making responsibility saying that they’re hamstrung by state mandates. And those state mandates come from entities that are all accountable only to our governor. Structural change is necessary if we want to preserve public education for our children and the future.

And here are my expanded thoughts (very expanded, I’m sorry, I’m a lawyer, I’m nerdy, and since I was reading through the enabling legislation myself for my own edification, I figured that at least a few of you policy nerds might want to follow along at home as well.  For the rest of you, don’t say I didn’t warn you…) about where we go from here.  I think I will do a separate post looking at the actual report itself to see if it measures up to the Common Core standards PARCC claims to measure.  Look for that tonight or tomorrow.  In the meantime, here goes…

A Brief Digression on the Death of Local Control

Wednesday night I plan to attend my local district’s Board of Education meeting.  For me, at least, the hot topic will be school tours, which are a big deal for parents of incoming kindergarteners and incoming middle schoolers in our all-magnet suburban school system.

Last weekend, a local micro-news blog created a brouhaha when it reported a scuffle between the district PTA council president and the superintendent over whether the district had decided to replace school tours with online videos. For a whole lot of reasons, I think school tours are important, so Wednesday night I plan to attend our local Board of Education’s next meeting to express my opinion during public comment.

Why does this matter? What is unusual about this vignette is how rare it is for our local Board of Education to actually have the authority to set policy about a school-related issue, so for once my comment might actually make a difference.  The only reason our local board has sole authority over this issue is that this is such a unique local issue that Trenton has not bothered to dictate tour procedures to our town.  But on virtually every other topic these days, most New Jersey education policy decisions emanate from Trenton, where the New Jersey Department of Education and the New Jersey State Board of Education issue implementing regulations for state education statutes, and issue policy guidance and bulletins to New Jersey school districts.

New Jersey’s Code of Ethics for School Board Members Demonstrates State Usurpation of Local Control 

New Jersey’s Code of Ethics for School Board Members, N.J.S.A. 18A:12-24.1(a), requires local school board members to make this pledge even before they pledge to look out for the educational welfare of children:

“I will uphold and enforce all laws, rules and regulations of the State Board of Education, and court orders pertaining to schools.  Desired changes shall be brought about only through legal and ethical procedures.”

Although the local tide has turned and our local BOE seems slightly more independent now, for the past few years, our local school board interpreted this pledge as requiring it to slavishly follow Trenton’s mandates, regardless of whether the local board of education thought that such mandates might be harming our children.  Whether deliberately or not, they seemed to ignore the second sentence of that pledge, and nobody but nobody was willing to utter a peep against Trenton. Especially given that the Christie administration decided to ignore the legislatively enacted state aid funding formula (“SFRA”), I think they were all terrified to open their mouths and bring the wrath of Trenton down upon them in dollars of aid magically not allotted to our district.

So for the first couple of years in which I attended local Board of Education meetings, when the public spoke out – and speak out it did – about the harm that many of these state mandates were doing to children, our local BOE copped out by saying that these were decisions made in Trenton, and its hands were tied.  I urged it to take action to influence and change state policy, but was largely ignored, presumably as a naive gadfly, which I undoubtedly am.

From my talks with friends, colleagues, and fellow activists throughout the state, my understanding is that Montclair’s school board was far from alone in taking this position. This 2001 Code of Ethics for School Board Members seems to have served to hamstring many local school boards, depriving them of local control on any and all topics on which the State Board of Education and/or the New Jersey Department of Education have decided to opine.  The ethics rule, which sounds reasonable on the surface, has functioned to make our school boards little more than powerless rubber stamps for whatever state policies the NJDOE and the NJ State Board of Education decide to impose on New Jersey’s public school children.

NJ’s State-Level Policy Makers

So the real questions are – who are the members of the State Board of Education, and how does our Commissioner of Education get appointed?  Those are the true power brokers of education policy in the state, so let’s figure out how they get into office.  Here’s the answer:

The members of the NJ State Board of Education are appointed by the governor – currently, Governor Chris Christie, of course.  This is mandated by the New Jersey State Constitution of 1947 at Article 5, Section 4, Paragraph 4, which reads:

“Whenever a board, commission or other body shall be the head of a principal department, the members thereof shall be nominated and appointed by the Governor with the advice and consent of the Senate, and may be removed in the manner provided by law.  [irrelevant for our purposes section about the Lieutenant Governor’s appointment process]  Such a board, commission or other body may appoint a principal executive officer when authorized by law, but the appointment shall be subject to the approval of the Governor.  Any principal executive officer so appointed shall be removable by the Governor, upon notice and an opportunity to be heard.”

N.J.S.A. 18A:4-4 implements this constitutional requirement in the statute setting out how the New Jersey State Board of Education is chosen.  It reads, in relevant part:

“The members of the state board shall be appointed by the governor, by and with the advice and consent of the senate, for terms of six years commencing on July 1.”

What this tells us is that by now, given that we are in the seventh year of Governor Christie’s tenure, all of the New Jersey State Board of Education members were appointed, re-appointed or allowed to continue in office by Gov. Christie, and are beholden to him – and only to him – for their positions.

N.J.S.A. 18A:4-1 confirms that Art. 5, Sec. 4, Para. 4 of the Constitution applies to the state department of education, and that therefore the provisions about the appointment of a principal executive officer apply.  It reads:

“The state department of education is hereby continued as a principal department in the executive branch of the state government, and it shall consist of a state board of education, which shall be head of the department, a commissioner of education, and such divisions, bureaus, branches, committees, officers and employees as are specifically referred to in this title and as may be constituted or employed by virtue of the authority conferred by this title and by any other law.”

So again – who is responsible for appointing not just the members of the State Board of Education, but also the Commissioner of the Board of Education?  Chris Christie’s State Board of Education, subject to the governor’s approval, of course.  In fact, Dave Hespe can be removed by Chris Christie whenever Christie feels like it, so long as he gives his buddy Dave notice of his removal and an opportunity to plead his case first.

The long and the short of it is – New Jersey’s governor has a LOT of power over state education policy, especially since the 2001 local school board code of ethics hamstrung any local Board of Ed members who wanted to push back hard against asinine state mandates.  I have no idea of the backstory that led to the 2001 ethics law, but I do find it curious that the timing coincides with the federal government centralizing some control over education policy through the 2001 No Child Left Behind law.

Now, the legislature can, of course, override the State Board of Education by passing legislation abrogating Department guidance and/or Board-issued regulations.  However, to do so, it must pass such legislation through both houses of the legislature and, of course, get those bills signed by… you guessed it… the Governor.  And, of course, the implementing regulations for any such legislation passed by the legislature will be created and approved by… you guessed it… the State Board of Education.  So any way you parse it, the NJ governor has enormous control over what happens in our public schools, and among other negatives to this lack of checks and balances is the fact that governors with different policy prescriptions can wildly swing education policy from one election to the next.

The Study Commission 

Yesterday, as I mentioned at the top, the Governor’s “independent” Study Commission released its report on state testing in New Jersey, which concluded, unsurprisingly, despite around 200 in person or emailed public comments in opposition and virtually none in support, that the PARCC is super awesome.  But, of course, it’s absurd on its face to think that a Study Commission appointed by the same governor who is responsible for appointing the State Board of Education and the State Commissioner of Education would reach a different conclusion than whatever the governor’s office (or his presidential campaign) wanted it to reach.  All three of these entities are answerable only to Chris Christie, and as newspapers have reported throughout Governor Christie’s tenure, he is not hesitant to bully those who disagree with him into submission.  And when those who disagree with him are people he thinks should be loyal to him, the gloves truly come off.

So the Study Commission’s conclusion:

“However, one point must be abundantly clear: the Study Commission firmly believes all students in New Jersey’s public schools who are eligible should be required to take the State standardized assessment (i.e., PARCC).  Doing so will ensure all students are progressing well in their educational endeavors and all public schools are effective for all students.  High-quality assessments such as PARCC will hold schools accountable for serving all of their students, including those from disadvantaged backgrounds.  The Study Commission believes it will be impossible to effectively close achievement gaps between and among students without accurate and actionable information”

was pre-ordained.  Ironically, the Study Commission’s entire report would earn a big fat F under the Common Core Standards if it were graded according to PARCC scoring rubrics.  The reason for this, of course, is that paragraphs like the one I just quoted cite to absolutely no evidence to support their conclusions.

Where Do We Go From Here?

One of my takeaways from this sham of a process (and don’t even get me started on the Common Core Review Commission, which also issued recommendations yesterday, and which was, perhaps, even worse in terms of process, if that’s even possible) is that there is way too much power over education policy consolidated in the hands of one person in this state: our Governor.

There is no question that Governor Christie’s minions appointees on the State Board of Education and at NJDOE will gleefully embrace the Study Commission recommendations, and that so long as this governor or a successor who shares his education policy prescriptions remains in office, the people will have little to no ability to shape more student-friendly education policy.

It seems to me that from an education policymaking process standpoint, there are two takeaways to move New Jersey education policy in a productive direction:

(1) We need to amend the New Jersey State Constitution so that at least some of the members of the State Board of Education are elected officials, accountable directly to voters rather than to the Governor.  The governor’s control over the rule making process is way too all-encompassing, and at least some elected State Board of Education members would provide needed checks and balances for educational policy making in New Jersey.  Especially now, when the federal Every Student Succeeds Act (“ESEA reauthorization”; i.e., No Child Left Behind’s replacement) has moved a great deal of education policy making authority from the federal government back to the states, we need to ensure that state level education policy cannot be so easily held captive by special interest groups who’ve courted the governor, but no one else.

(2) We need to introduce and pass legislation that makes it explicitly ethical for local Board of Education members to push back against state mandates that harm students.  It seems to me Paragraph (b) of the Code Ethics should be strengthened and replace Paragraph (a) as the first duty of local school board members. Paragraph (b) currently reads:

“I will make decisions in terms of the educational welfare of children and will seek to develop and maintain public schools that meet the individual needs of all children regardless of their ability, race, creed, sex, or social standing.”

Our kids deserve local leaders with the authority to actually put the children’s best interests first.  As the Study Commision report hammers home, this administration can never be trusted to do that.

Who’s with me?

Updated to Add (1/13/2016): Apparently New Jersey Education Commissioner David Hespe agrees with me.  Here he is, quoted in yesterday’s Star Ledger:

image

New Jersey, let’s take our cue from New Jersey Education Commissioner and make a really good change to the New Jersey State Constitution.  It is time for We the People to reclaim our power over our children’s futures, instead of leaving that power consolidated in the hands of the New Jersey governor, currently Chris Christie; the unelected New Jersey State Board of Education, each of whom owes his current tenure in the job to Chris Christie; and Christie appointee, New Jersey Education Commission David Hespe.

The Reality Television Paradigm of All-Charter School Systems

Today, the New York Times  Sunday Review published an Op-Ed about the farce that is the so-called “New Orleans” charter school miracle.  You should go read it.  A quote:

“There is also growing evidence that the reforms have come at the expense of the city’s most disadvantaged children, who often disappear from school entirely and, thus, are no longer included in the data.”

The quote is absolutely on target.  Further, let’s talk about the logical results of how even a properly functioning (according to the charter cheerleaders) all-charter school district would work.  By definition, a charter school is one that is intended to trade results for regulation: that is, We the Public eschew traditional regulation over watching how our public dollars are spent by the charter (which is governed by a private board, usually impervious to OPRA/FOIA requests and the like) in exchange for producing “results” — i.e., high scores on standardized tests from its students.  If a particular charter school isn’t producing results by the end of its initial charter period, in theory the state and/or the chartering entity should be shutting that school down.

But the logical conclusion of that paradigm is a two-tiered system of charter schools.  The so-called “high-performing charter schools” (e.g., the KIPPs, the Uncommon Schools, the Success Academies, the Green Dots, etc.) will figure out the formula for magically skimming-off as many of the high-performing kids as possible, and so their test scores will reflect the “results” the charter authorizers demand.  But the rest of the charter schools, the B-squad charter schools of virtual charters, for-profits, mom and pop charters, less savvy charters, etc. — they are far less likely to have figured out, or, if they’re ethically run, to have wanted to figure out, the secret-sauce for creaming off those most likely to perform well on the standardized tests and quickly counseling out the rest.  And so, instead, if the all-charter system functions as it is supposed to, after 3 years or 5 years or whatever, the B-squad charters schools will be shut down.

But what happens to the children who attended those B-squad now-shut-down charter schools, and/or those who are pushed out of the high-performing charters?  Well, their educations are disrupted, over and over again, as they are shuffled from low-performing school to low-performing school. Their former schools shut their doors, over and over again.  But new low-performing charter schools will continue to open in the wake of those that keeping closing: after all, until they drop out, the students of the low-performing charter schools need to be housed somewhere.  For those relegated to the low-performing charter network, their chances to build communities around their schools are low, as even their schools are transient: heck, even if they do manage to graduate, many of their alumni won’t even have a school in which to hold a reunion ten or twenty years from now, because the iterations of the schools they attended will no longer exist.  And that disruption, that lack of community, that being shunted around from low-performing school to low-performing school, that will make them less likely to graduate, less likely to be able to overcome the already-substantial long odds that accidents of demographics, the dark side of poverty, have placed in their way.

As evidenced by this article, an all-charter school system is a way to write-off our most challenging children, the ones that each and every one of us should look at and say that as citizens of this country, it is truly our moral responsibility to make sure that these children have every opportunity we can give them to break the cycle of poverty, because the American Dream is truly dead if a significant subset of our community has no way to succeed.  But the way to keep the American Dream alive is to ensure that We the People provide our most vulnerable children with opportunities to attend well-resourced, integrated, stable schools that won’t disappear on them, sometimes mid-school year.  It is not to keep pulling the educational rug out from under these children, every two, three, or five years.

But the charter cheerleaders, they say that closing down the low-performing charters, that’s evidence of success, because closing down low-performing charters is how the charter system is supposed to work: that’s how you hold the poorly performing schools accountable, by shutting their doors when they don’t perform.  The charter cheerleaders, however, don’t realize, if they’re naive, and don’t care, if they’re cynical, that closing down one low-performing charter means opening another one in its place.  After all, the low-performing students of the low-performing charters are those who aren’t savvy enough to game and navigate the incredibly complicated systems privatization brings.  Instead, intentionally or not, they are shunted around from one substandard education experience to another until they simply give up and drop out, or, if they do graduate, graduate with substandard skills and substandard opportunities.  The narrative that shutting down low-performing schools works is a narrative that is either incredibly naive or incredibly cynical.  What that narrative isn’t, however, is a narrative that serves kids — all of our kids — well.

That narrative is, however, as Michael Petrilli over at The Thomas B. Fordham Institute implicitly admitted last winter, a narrative that distinguishes between our country’s deserving students, the deserving poor, and the un-deserving poor, who, at best, deserve, according to Petrilli and his allies, to be housed in a substandard world of alternative schools until they are eventually released from the system, likely into also-privatized prisons.  Petrilli’s vision is one that reflects the worst values of the Industrial Age we thought we had left behind, the “Hard Times” of a Dickensian dystopia in which some children are stuffed full of “facts, facts, facts, nothing but facts, ma’am,” and slated for success, and the others, well, the others simply aren’t our concern.

All of our children deserve better than this.  All of our children deserve access to stable, caring, well-resourced, community schools that aren’t going to disappear on them at the whim of some bureaucrat, whether or not they “perform” on the asinine boondoggles that are today’s high-stakes standardized tests.

I, for one, say no thank you to the logical consequences of an all-charter school system, as any moral citizen of this country should agree.  That isn’t to say that our truly public school systems can’t do better.  Certainly, in many of our communities they can and should (especially if We the People actually provide them with the resources they need in an equitable fashion). But the answers to the real problems of poverty and deprivation are not privatization and prison.  Or, to put it another way, publicly-funded education shouldn’t be a real-life version of reality tv in which those who are savvier win the immunity challenges, and the less-savvy are voted off the island.

A Call To Action For East Ramapo, NY

Friends, fellow activists, especially my fellow Jews, this post is to bring your attention to what has been happening in East Ramapo, NY (Rockland County) for the past number of years, as the Haredi community has taken over the local school board, and systematically deprived the public school students of the East Ramapo School District, most of whom are poor and minority, of even a remotely acceptable public education.  
 
For background on the issue, please read this New York Magazine article, or listen to this episode of This American Life.  You can find many resources on the issues, as well as a CALL TO ACTION at http://www.strongeastramapo.org.  Recently, Meryl Tisch (NY Regents) and David Sciarra (Education Law Center) joined the call for the New York Legislature to pass a bill establishing state monitoring of the East Ramapo district to put an end to these abuses with an Op-Ed in The New York Times.
 
The East Ramapo school board has accused its critics of anti-Semitism, which is part of why I think it’s particularly important for the Jewish community to speak out against its abuses of the gentile students who attend its public schools.  Rabbi Jeffrey Salkin made a strong start with his piece and Rabbi Ari Hart with his. 
 
Specifically, at the moment the major issue is the bill that just passed the NY Assembly today to establish long-term state monitoring over the East Ramapo school district.  The NY Senate is being resistant to posting this bill for a vote, and the legislative session comes to an end this coming WEDNESDAY, JUNE 17TH.  
 
Today I spoke with Rabbi Adam Baldachin of Rockland Clergy for Social Justice.  They are in all-hands-on-deck mode looking for all of the media coverage and additional support from civil rights groups, Jewish groups, and any other groups that will sign on in support of this bill.  Please consider lending your support to this bill, and to stand up for American and Jewish values even when it is some of our fellow Jews who are doing the oppressing.  We must make sure that our own house is in order, and as Rabbi Salkin states, what is happening in East Ramapo is a shonda.  
 
Thank you for your time, attention, and help spreading the word and pressuring the New York State Senate to pass this bill.  Below is the list of groups that have already signed on to support the legislation:
 
JUNE 9, 2015
 
IN SUPPORT OF A. 5355 S. 3821 FOR EAST RAMAPO OVERSIGHT LEGISLATION
 
RELIGIOUS AND CIVIL RIGHTS ORGANIZATIONS
 
 
 
Alliance for Quality Education
 
American Jewish Committee
 
Anti-Defamation League (ADL)
 
Bend the Arc, Jewish Social Partnership for Justice
 
Editorial Board Journal News
 
JALSA-the Jewish Alliance for Law and Social Action
 
Jewish Labor Committee
 
Jews for Racial and Economic Justice
 
New York City Bar Association
 
New York Civil Liberties Union
 
New York State Conference NAACP
 
Reconstructionist Rabbinical College
 
Reform Jewish Voice of New York
 
Religious Action Center of Reform Judaism
 
Rockland Business Association
 
Rockland Clergy for Social Justice
 
Rockland County Executive
 
Rockland County Legislature
 
Rockland County School Boards Association
 
Rockland Board of Rabbis
 
Uri L’Tzedek Orthodox for Social Justice

Thank you for standing up for this community.  This is why we are a democratic republic.  We need checks and balances to make sure that a local majority — of any race, religion, ethnicity, or creed — does not trample on the rights of the minorities in its midst.  As an education activist, as a Jew, as an American, and as a human being, I thank you for your support.

Testing and the Re-Segregation of Public Ed

Today, I was part of a full house at the New Jersey Senate Education Committee as it considered bills and a resolution relating to the PARCC (Partnership for Assessment of Readiness for College and Career) tests.  Along with many other grassroots parent activists, I am frustrated by the Senate Committee Chair’s unwillingness to set down all of the much stronger PARCC bills passed by the New Jersey State Assembly for a vote in her committee.  Rather, only one of the four bills, prohibiting PARCC-style testing for grades K-2, was set down for a vote by her Committee.  Senator Ruiz also offered a substantially watered down replacement bill for the Assembly bill to notify parents of standardized testing.  Senator Ruiz’s version of the bill, for example, fails to require that parents be notified of information as basic as what use local districts will make of standardized tests administered to their children (e.g., will the tests factor into student placement into gifted and talent programs or remedial education, etc.).  

So instead, I focused my efforts on the two bills introduced by my terrific local state senator, Senator Nia Gill.  Senator Gill introduced two bills: one to require local districts to publish their PARCC opt-out numbers within 10 days of completing test administration, and the other to explicitly prohibit New Jersey Education Commissioner David Hespe from withholding state aid from districts with high PARCC refusal rates.  

The text of my full testimony is below.  In it, I address the elephant in the room: the use of standardized test scores as a proxy to encourage resegregation of school districts by class and, to the extent that class and race are unfortunately still correlated in this country, race.

My testimony:

My name is Sarah Blaine.  I am here today to in particular support Senator Nia Gill’s bills, S2884 and S2881.  No one is paying me to be here today: in fact, I took a day off work to attend this hearing.  I have two children, a kindergartener and a fourth grader, in the Montclair Public Schools. Both of them only get one shot at their educations.

When I saw changes in my older daughter’s curriculum as a result of Common Core, I sat down to read the standards.  I’m an attorney now, but before law school I taught high school English.  Given that I would have loved some standards (or, heck, books) as a new teacher in a rural community with few resources, I started out on the assumption that national standards were probably a good idea.

But then I watched what was happening in my daughter’s classroom change.  As PARCC loomed, homework became more test-prep focused, with multiple choice questions and written paragraphs that had to follow strict formulas.  I learned that my older daughter’s school had reduced the number of elective periods.  Social studies education virtually disappeared.  Science became reading the textbook and filling in blanks, instead of labs and hands on experimentation.  My 4th grader has not had a single field trip this year — and as far as I know, none are scheduled.  I realized that I was seeing a predictable result of high-stakes testing in action: my daughter’s school was narrowing the curriculum to increase the time available for test prep. 

In Montclair, as across the country, test scores are closely correlated with the socio-economics of the populations tested. Although Montclair is consistently characterized in the press as “affluent,” according to NJDOE statistics, over 20% of our total school population is economically disadvantaged. Montclair has two NCLB focus schools not because those schools are lousy — they’re not — but because we are one of the few NJ towns with an economically and racially diverse enough school population to demonstrate an achievement gap.  This has driven an increased emphasis on test prep, which benefits no one.

Last December my spunky 4th grader testified directly to our Board about why “PARCC stinks” based on how test-prep was taking over her classroom.  I can tell you this much: after that speech, which went viral and led to her live appearance on national television, I have no doubt, without any need for PARCC results, that when the time comes my child will be college and career ready. Of course, I already knew that: her parents’ advanced degrees, race, and socio-economic status make that a virtual certainty. If you policymakers want more children to succeed, you need to spend your time implementing equitable economic and housing policies to ensure that all citizens have the chance to join a robust and secure middle class.  

The Montclair Public Schools administration worked hard to implement — and, indeed, cheerlead for — PARCC.  However, locally I wasn’t alone in my concerns about the effect that PARCC was having on our schools: more than 42% of Montclair children refused PARCC.  However, we Montclair taxpayers were not even able to obtain that statistic from the school district without a fight.  That is why I support Senator Gill’s bill to ensure that taxpayers are afforded access to the testing numbers.

Recently, Education Commissioner Hespe — and Governor Christie — began explicitly threatening to withhold state funding from school districts with high PARCC refusal rates.  That threat is unacceptable, as the school district has no way to compel me or any other parent to allow our children to sit for these tests.  To be clear, I don’t say no because my child is anxious or scared. 

Rather, I say no to PARCC because I see, as a parent, the destructive effect that annual testing and high-stakes uses of annual results are having on the quality of education offered in our state’s traditionally high-quality public schools.  I see that aggregate test scores are used — be it by real estate agents or home buyers — as proxies for socio-economic status, with the effect of further re-segregating our communities.  I see it, and I get it, because I, too, looked at those test scores and school rankings when we were choosing the New Jersey community in which we wanted to raise our children.  But then I realized that I didn’t want my children growing up in the same narrow bubble that characterized my childhood in Short Hills — and instead of moving to the town with the highest test scores, we moved to Montclair.

If more New Jersey towns were integrated like Montclair, all of our children would learn a little more compassion, a little more wisdom, a little more humility, a little more sense of what’s possible, a little less fear of those not like them, and a little more awareness of how the accidents of birth can and do affect children’s futures.  But politically, that will never fly, so you continue to test children and communities into submission, instead of choosing the tough — and admittedly expensive — policies that might actually work.  Then, when parents like me say no, Commissioner Hespe tries to threaten us into submission.  And so I support Senator Gill’s bill to prevent Commissioner Hespe from withholding funds from districts like Montclair, where the parents have had the courage to say no to the destructive effects of high-stakes annual tests.

I ask you to support these bills because democracy cannot function effectively if it is predicated on failure to inform the citizenry of what is happening in our public schools.  I ask you to support these bills because democracy cannot function effectively if it is predicated on empty threats from state-level bureaucrats meant to intimidate parents and communities.  Our children deserve better.  Thank you.

Dear PARCC, Can We Talk?

This is the first in what I hope will be a series of regular contributions by guest bloggers on this site. This was written by Justin Escher Alpert, an attorney from Livingston, New Jersey. I’ve met Justin briefly a couple of times now, and I came across this piece in a Facebook group. I am sharing it here with his permission.

 

Dear Partnership for Assessment of Readiness for College and Careers (PARCC):

The reason that you failed… the reason that parents across the country are rising up and organizing against your standardized test… it is not a matter of a bad roll-out… it is not a matter of bad PR. The reason that you failed is philosophical… Your standards did not account for real-world innovation.

Let’s together take a look at an actual PARCC Sample Question from the Grade Three Mathematics Practice Test:

“A library has 126 books about trees.

Part A

The library has 48 fewer books about rivers than about trees.

Select from the drop-down menus to correctly complete the statement.

The number of books the library has about rivers is [Choose…\/] and the total number of books the
library has about trees and rivers is [Choose…\/].

Part B

Two students borrow books about trees. Each student borrows 8 books. How many books about trees remain in
the library?

Enter your answer in the box. [_____]”

Now, let’s leave aside the fact that the poorly-worded second question does not necessarily give the test-taker enough information to answer. We know that standardized test scores correlate to the wealth and education of the parents of the test-taker. The children of wealthy, educated parents are more likely to have actually set foot in a local public library with adequate resources. For an urban child whose family may not know the value of an education, this standardized test question might merely be a hypothetical. I actually went down to the Newark Public Library and looked around and started asking some questions. They have signs up apologizing to their patrons that they have not had a budget to purchase new books for the past several years. Perhaps we should set new standards for libraries and assist them to have robust and current book collections that serve the intellectual needs of their communities so that we do not reduce the concept of public libraries to be mere hypothetical questions… but I digress.

The Partnership for Assessment of Readiness for College and Careers has very narrowly defined excellence in a manner that corresponds to the wealth and education of the parents of the test-taker while we have missed our moral and constitutional obligations to adequately fund our urban public schools (and, apparently, our urban public libraries). With respect to the schools, private charter companies have stepped in and arbitraged the cost difference based on fulfilling this very narrow definition of excellence. PARCC has created a new set of “standards,” but there is little regard for real-world innovation.

To gain a better understanding of what happens when innovation is only recognized from the top down, one need look no further than the students in Newark who are setting new standards for active, civic engagement by traipsing up and down the Mid-Atlantic to draw attention to real world problems with schedules, courses, teachers, desks, and edible lunches. The answers to your hypothetical PARCC questions have seemingly become more important than creatively solving the real-world problems as they present themselves (whether in the public library system or in the public school system or otherwise).

When a child grows up in an educated and diverse community such as Livingston, New Jersey (with a warm, welcoming, and well-staffed modern library (with 51 non-fiction books about trees)), that child goes through a public school system that is accountable directly to the active and engaged parents in the community. The goal of the public school system is not to make our children “ready for college and careers.” We do not need a system to find the faults and shortcomings of our children. The goal of a public education is to create active and engaged members of the community. The goal is to create and empower citizens (like those brave kids in Newark) who can look at faults within systems and readily organize to correct them. The entire existence of PARCC Testing seemingly misses The Point.

When a graduate receives a diploma from the Board of Education of a town like Livingston, New Jersey, that young adult will know her strengths and interests having been broadly exposed to this world, and will have the backing and respect of the community to make her voice heard. Your PARCC addition and subtraction problems about hypothetical library books is important, in your judgment. What if we felt that third-grade calculus were more important and we taught it during a model rocketry class? Or what if an impassioned and empowered physical education teacher felt that third-grade statistics were important and taught it through a rigorous spring Sabermetrics program where kids kept close track of their kickball stats? Or what if we felt that third-grade geometry were more important and we taught the Fibonacci sequence through a rigorous design and history program? By the way, it doesn’t take wealth to do any of this creative instruction. You can teach the mathematics of sound waves with two tin cans and a piece of string and really get kids excited about the process. Where does innovation come from? If the parents of the children who meet and exceed the PARCC standards wanted to change the PARCC test questions, could we? What if we wanted to switch from a testing-based model of education standards to an experience-based model? To whom would we need to speak? Is there a form we could fill out? The options are limitless, but impassioned and empowered professional educators are distracted because they have to return focus to YOUR standards, as limited by YOUR OWN imagination, on an absolutely brain-numbing computerized test that misses everything that was important about the student-teacher relationship.

You had a valiant effort, PARCC. We don’t fault you for trying (there was a lot of money to be made). You know… you don’t have to disband. We could redirect your efforts. We could take your standardized questions, perhaps, and turn them into a series of suggested lesson plans. Maybe if we focused our efforts on a third-grade class in Newark and a third-grade class in Livingston together taking a field trip to a modern regional public library and learning first-hand how to find out how many books there are about trees and rivers, we could then incorporate the relevant math lesson with regard to borrowing books about trees, and there would be a greater likelihood of what we were testing for actually having been learned due to the real-world context. And then we could disregard the standardized test. To demonstrate that innovation can come from any person at any point, perhaps if we actually help those kids in Newark with their real-world problems with schedules, courses, desks, edible lunches… and if we gave them impassioned and empowered teachers backed by a strong system of social services… and yes, maybe even stocked their local public libraries with 126 real books about trees… we might free them to help us determine the answers to new, more robust real-world questions, like, say:

Question 1:

What should be the ratio of (i) the number of in-state higher education freshman seats to (ii) the number of in-state high school graduating seniors?

Enter your answer in the box. [_____]

or…

Question 2:

If a state is interested in investing in itself, what should be its financial commitment to higher education tuition support?

Enter your answer in the box. [_____]

Perhaps, rather than PARCC assessing whether OUR children are “ready for college and careers,” you might help us set new standards for “colleges and careers” so that “colleges and careers” are actually ready for our (if I do say so myself) brilliant (but flawed… every last one of them… each in their own unique but lovable way) children when they graduate. Perhaps every job working for a major corporation or an institution of higher education should be available as a full-time position that pays a real living wage, because that would be important. Maybe, because we want our children to grow up to be responsible and engaged participants of their communities, we could limit those jobs to 40-hour work weeks so that those job holders are actually free at the end of the day to be responsible and engaged participants in their communities. Could you help us set new standards like that?

When a child grows up in an educated and diverse community such as Livingston, New Jersey, that child is given the safe, judgment-free space to find his or her own place in society while learning through diverse experiences… with diverse teachers… across disciplines where there are no standardized questions, much less answers. Those opportunities need to be provided (and properly funded) for every child, regardless of the wealth and education of the parents.

We might find that what is important is not that we can regurgitate standardized answers, but that we can push the very limits of our understanding as we learn and grow by proposing new questions and being empowered to collaboratively develop real-world working answers to those questions.

Let’s definitively end standardized testing-based education. Let’s talk about moving in a new, experience-based direction that actually addresses and solves real-world problems.

Thank you for your strong leadership.

Very truly yours,

 

Justin Escher Alpert
Livingston, New Jersey

Yesterday, Power Spoke Truth

Since Sunday, I’ve been at the National Association of Women and Minority Owned Law Firms (NAMWOLF) convention. It’s been an interesting and long couple of days here in Philadelphia, and to be honest, by late yesterday afternoon, I was ready for a break. But I’m a litigation nerd, so I decided to push through to attend a presentation regarding diversity on the federal bench.

The panelists were impressive:

This panel was legal nerd heaven, and it was moving that every single panelist was a person of color. People of color in positions of power in the legal profession remain all too rare, especially serving as federal judges or federal prosecutors.

But then the introductions ended and substantive discussion began. The first question the moderator asked the panel was something along the lines of, “It’s been sixty years since Brown v. Board of Education was decided. What do you think has been Brown’s legacy?”

The question was thoughtful, but I was expecting platitudes for answers: four jurists and two federal attorneys talking about the opportunities they’d had because of Brown. In particular, I expected the judges to avoid real discussion, because judges are generally careful not to express policy opinions, as they don’t want to disturb their veneers of neutrality. I could not have been more wrong. In this case, the judges were most opinionated: perhaps this is an example of how actual life tenure works (under the Constitution, an Article III judge can only be involuntarily removed by a Congressional impeachment process, which even Campbell Brown or the Vergara plaintiffs would admit is far more protection than unionized public school teachers are afforded).

Chief Judge Tucker went first. I could have jumped out of the audience and kissed her when she responded passionately with something along the lines of, “We need a new Brown v. Board of Education, 347 U.S. 483 (1954).  We need to walk back resegregation of our schools over the past decades, and we need new law to again start integrating — and equitably fund — our public schools” (I was not taking notes, and I do not have anything approaching an exact transcript, but that was the gist of it). All five of the Philadelphia based panelists then agreed and added their insights about the destruction of Brown’s impact in recent decades, and described the tragedy that’s been unfolding in Philadelphia with the defunding of its public schools. Judge McKee spoke about the inequity created by not requiring desegregation of private schools, Judge Wells spoke about her conclusion that charter schools exacerbate the problem, despite her previous service on the board of a charter school, and the panelists also spoke about the school-to-prison pipeline and clarified that teachers are not to blame, as they continue to produce extraordinary results, especially given that their resources and funding are non-existent.

The panelists, who were power, spoke truth. They didn’t parrot the education reform talking points. They discussed the impact of charter schools on the process of decimating Philadelphia’s traditional public schools, the hypocrisy they as Philadelphia parents felt when they send their kids to private Quaker schools to escape the destruction of the public school system, the insanity of property-tax base school funding systems, and the need to reboot the legal framework for desegregation by overruling Milliken v. Bradley, 418 U.S. 717 (1974), which held (very generally speaking) that school districts are not required to desegregate across school town lines (i.e., the suburban public school districts surrounding Detroit could not be forced to participate in a desegregation plan for the benefit of Detroit students).

Philadelphians are on the front lines, watching the destruction of their public school system before their eyes.  And these federal jurists, this federal prosecutor, and this federal defender, at least, see through the slick PR machine and hype of the well-heeled reform crowd. No one claimed that charter schools and the education reform movement are the civil rights movement of our time. Philadelphia schools have suffered from the problems common to large urban school districts for many years, but the solution is not to starve them into submission. Yesterday afternoon, three federal judges spoke truth — and their truth was that inequitable funding and the self-perpetuating cycle of the haves fleeing the Philadelphia Public Schools by any means possible are the causes of the problem, and that the education reformers’ “solutions” of charter schools and teacher blaming are only compounding the structural inequities.

I ran up afterwards to shake their hands, which is something I virtually never do. But this was a panel of rock stars, and a completely unexpected reward after two days of legal panels and speakers.

P.S. I have no training as a journalist, and I was not taking notes or recording the session in any way. My reconstruction of the discussion is the best I can do under the circumstances, but the most I can promise is that I did my best to faithfully capture the gist of it.