The Joy of Opting Out of Standardized Testing

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Testing season is a gray period in my classroom.

 

But it’s a joy in my house.

 

As a classroom teacher with a daughter in the public school system, I’m always struck by the difference.

 

In school I have to proctor the federally mandated standardized tests. But I’ve opted my own daughter out. She doesn’t take them.

 

So at home, I get to see all the imaginative projects she’s created in her class while the other kids had to trudge away at the exam.

 

“Daddy, daddy, look!” she squeals.

 

And I’m bombarded by an entire Picasso blue period.

 

Or “Daddy, will you staple these?”

 

And I’m besieged by a series of her creative writing.

 

My daughter is only in second grade and she loves standardized test time.

 

It’s when she gets to engage in whatever self-directed study strikes her fancy.

 

Back in kindergarten I missed the boat.

 

Even as an educator, myself, I had no idea the district would be subjecting her to standardized tests at an age when she should be doing nothing more strenuous than learning how to share and stack blocks.

 

But when I found out she had taken the GRADE Test, a Pearson assessment not mandated by the state but required by my home district in order the receive state grant funding, I hit the roof.

 

I know the GRADE test. I’m forced to give a version of it to my own 8th grade students at a nearby district where I work. It stinks.

 

Ask any classroom teacher and they’ll tell you how useless it is. Giving it is at best a waste of class time. At worst it demoralizes children and teaches them that the right answer is arbitrary – like trying to guess what the teacher is thinking.

 

Then I found out my daughter was also taking the DIBELS, a test where she reads a passage aloud and is given a score based on how quickly she reads without regard to its meaning. In fact, some of the passages test takers are forced to read are pure nonsense. It’s all about how readers pronounce words and whether they persevere through the passage. It’s not so much about reading. It’s about grit.

 

No. My precious little one won’t be doing that.

 

I talked candidly to her kindergarten teacher about it. I trust her judgment, so I wanted to know what she thought. And she agreed that these tests were far from necessary. So I set up a meeting with the principal.

 

The meeting lasted about an hour. Sure, it was a little scary. No one wants to rock the boat. But even he agreed with most of what I had to say. He didn’t feel as strongly about it as I did, but he respected my wishes and that was that.

 

Ever since, my daughter hasn’t taken a single standardized test.

 

For me, it was a political statement as well as a parental one. I wanted to do my part to chip away at the corporate school reform movement. I know how much they rely on these test scores to justify closing poor schools like mine. I don’t want to give them a chance.

 

But little did I know what bliss I would be providing for my little one.

 

Beyond politics, I thought I was just protecting her from a prolonged period of boredom, unfair assessments and cognitively invalid measurements.

 

I wanted to shield her from adult woes. What I didn’t realize was I was opening a door for her creativity.

 

It’s amazing. All the other poor children sit there dutifully filling in bubbles while she pours her heart out onto the page.

 

She loves creating these illustrated books telling the wildest narratives: Colorful superheroes blast bad guys into oblivion. Game show hosts get lost in other dimensions. Even her Mommy and Daddy get in on the action riding Yoshi through Super Mario land.

 

Often she adds text to these adventures. Her spelling could use some work, but I’m impressed that an 8-year-old even attempts some of these words. Sometimes she writes more in her adventure books than my 8th graders do on their assigned homework.

 

I’ve even noticed a marked improvement in her abilities during this time. Her handwriting, sentence construction, word choice and spelling have taken a leap to the next level. While her classmates are wasting time on the assessments, she’s actually learning something!

 

I wish I could provide the same opportunities for my students that I have for my daughter.

 

It’s strange.

 

As a parent, I have the power to make educational decisions on behalf of my child. But as a trained education professional, I’m not allowed the same privilege.

 

Don’t teachers stand in loco parentis? Well this is loco, so let me parent this. Let me at least talk to their parents about it – but if I do that on school time, in my professional capacity, I’m liable to be reprimanded.

 

I have studied standardized testing. It was part of my training to become a teacher. And the evidence is in. The academic world knows all this stuff is bunk, but the huge corporations that profit off of these tests and the associated test-prep material have silenced them.

 

I have a masters in my field. I’m a nationally board certified teacher. I have more than a decade of successful experience in the classroom. But I am not trusted enough to decide whether my students should take these tests.

 

It’s not like we’re even asking the parents. We start from the assumption that children will take the tests, but if the parents complain about it, we’ll give in to their wishes.

 

It’s insanity.

 

We should start from the assumption the kids won’t take the test. If parents want their kids to be cogs in the corporate machine, they should have to opt IN.

 

As a teacher, I can try to inform my students’ parents about all this, but at my own peril. If the administration found me talking about this with parents, I could be subject to a reprimand. Giving my honest educational opinion could result in me losing my job.

 

As you can see, it hasn’t stopped me. But I teach in a high poverty, mostly minority district. My kids’ parents often don’t have the time to come up to the school or even return phone calls. They’re working two or three jobs. They’re struggling just to put food on the table. They don’t have time for standardized tests!

 

So every test season I sadly watch my students trudge away at their federally mandated bubbles. I see their anxiety, their frustration, their sad, sad faces.

 

And it breaks my heart.

 

But then I come home to my daughter’s exuberant creations!

 

You would not believe the joy of opting out!

Always Be Testing – The Sales Pitch for Corporate Education Reform

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(After the “Brass Balls” speech in “Glengarry Glen Ross,” by David Mamet.)

 

(Rated PG-13 for language)

 

(Interior: a public school classroom during an after school staff meeting. Teachers are seated at student desks including Singer, Moss and Aaronow. Williamson, a middle school principal, stands in front of the room flanked by Blake, a motivational speaker brought in by the state. Singer is furiously grading papers. The other teachers are pleasantly chatting about trifles before Blake calls the gathering to attention.)

 

[Blake]
Let me have your attention for a moment! So you’re talking about what? You’re talking about that kid you failed, some son of a bitch who doesn’t want to pass, some snot-nosed brat you’re trying to remediate and so forth. Let’s talk about something important. Are they all here?

 

[Williamson]
All but one.

 

[Blake]
Well, I’m going anyway. Let’s talk about something important! (to Singer) Put that colored marker down!

 

[Singer]

But I’m grading papers…

 

(Blake)

I said Put that marker down! Markers are for testers only.

 

(Singer scoffs)

 

[Blake]

Do you think I’m fucking with you? I am not fucking with you. I’m here from downtown. I’m here from the Governor and the Legislature. And I’m here on a mission of mercy. Your name’s Singer?

 

[Singer]
Yeah. Mister Singer, actually.

 

[Blake]
You call yourself a teacher, you son of a bitch?

 

[Moss]

I don’t have to listen to this.

 
[Blake]
You certainly don’t, Madam. Cause the good news is – you’re fired. The bad news is you’ve got, all you got, just one week to regain your jobs, starting today. Starting with today’s meeting.

 

[Moss]

What!? The union contract doesn’t allow you to just fire us all without cause.

 

[Blake]

Union!? There ain’t no more union! This is a Right to Work state now, Bitch. And that means you have the right to work – for less – until I fire your sorry ass.

 

(Assorted grumbling)

 

[Blake]

Oh, have I got your attention now? Good. Cause we’re adding a little something to this month’s merit pay. As you all know, the teacher whose students get the highest test scores gets a bonus. First prize is a thousand bucks. Anyone want to see second prize? Second prize is a box of pencils. Third prize is you’re fired. You get the picture? You’re laughing now?

 

[Singer]

That’s ridiculous. Mrs. Moss teaches the advanced kids. All her students get high test scores.

 

[Blake]

What? And your kids are in the general track? They don’t get high test scores? Then step it up, Singer! You want to get a paycheck in this district, you’ve got to earn a paycheck. You got test prep manuals. The school board paid good money for them. Get those workbooks so your kids can pass the test!

 

[Singer]

Workbooks!? That’s not learning?

 

[Blake]

That’s where you’re wrong. Workbooks are the only learning that counts! Kids take the tests that show whether you’re doing your fucking jobs! You want to keep working here? You want to keep sucking at the public tit? You get those kids to pass the motherfucking tests. And those workbooks do that. They teach kids how to pass the motherfucking tests!

 

[Singer]

But my kids are all from poor homes. They’re malnourished. They don’t get the same medical care. There are no books in their homes. Many of them suffer from PTSD from abuse or exposure to violence….

 

[Blake]

And you think they deserve some kind of entitlement? A medal? Fuck them and fuck you! Let me make one thing perfectly clear – If you can’t get your students to pass shit, you ARE shit, hit the bricks, Pal, and beat it cause you are going out!

 

[Singer]

Are you kidding me right now? You want my students to pass these tests. The tests are unfair. They’re economically and culturally biased. The connection between the tests and learning is weak.

 

[Blake]
The fucking tests are weak? You’re weak. I’ve been in this business for fifteen weeks.

 

[Moss]
Fifteen weeks? Try thirty years.

 

[Blake]

Anyone who’s still a teacher after thirty years should be put to sleep. All you need is a year or two. That’s what I’m doing. Teach for America. Five weeks training, two year commitment, then move on to Washington where you can advise lawmakers on what schools need.

 

[Moss]

What’s your name?

 

[Blake]

Fuck you, that’s my name! You know why, Missy? Cause you drove a Hyundai to get to work. I drove an eighty thousand BMW. That’s my name.

 

[Singer]

I took the bus.

 

[Blake]

(To Singer) And your name is “you’re wanting.” You can’t play in a man’s game. You can’t teach them. (at a near whisper) And you go home and tell your wife your troubles.

(to everyone again) Because only one thing counts in this life! Get them to score above basic. Get them to demonstrate the minimum skills necessary!

 

[Singer]

What about what they think and feel?

 

[Blake]

No one gives a shit about what they think and feel. You hear me, you fucking faggots?

 

(Blake flips over a blackboard which has two sets of letters on it: ABT, and AITP.)

 

[Blake]

A-B-T. A- Always, B-be, T-testing. Always be testing! Always be testing!! A-I-T-P. Attention, interest, testing, passing. Attention — do I have your attention? Interest — are you interested? I know you are because it’s fuck or walk. Your kids pass or you hit the bricks! Testing – you will test those students by Christ!! And passing. A-I-T-P; get out there!! You got the students comin’ in; you think they came in to get out of the rain?

 

[Singer]

Actually, many of my students live in public housing down there by the railroad tracks. You know those slums? Roofs leak in half those units…

 

[Moss]

And for a lot of kids school is the only structure they get all day. Their parents are out working two to three jobs. They have to take care of themselves and often younger siblings.

 

[Singer]

And food. Don’t forget food. If it wasn’t for the free breakfast and lunch program, many of my kids wouldn’t eat…

 

[Blake]

Bullshit. A kid doesn’t walk into this school unless he wants to pass. That’s why they’re here! They want to learn! They’re sitting out there waiting to be told what to do. Are you gonna’ tell ‘em? Are you man enough to tell them?

 

[Moss]

I’m a woman. Most of us are women.

 

[Blake]

(to Moss) What’s the problem, Pal?

 

[Moss]

You think you’re such a hero, you’re so rich. Why are you coming down here and wasting your time on a bunch of bums?

 

(Blake sits and takes off his gold watch)

 

[Blake]
You see this watch? You see this watch?

 

[Moss]
Yeah.

 

[Blake]

That watch cost more than your SMART Board. (Takes off his shoe) You see this shoe? Italian. It costs more than your entire salary. (slicks back his hair) You see this haircut?

 

[Moss]

I get it.

 

[Blake]

Do you? Because I do. I made 26 million dollars last year. How much do you make? You see, Pal, that’s who I am. And you’re nothing. Nice person? I don’t give a shit. Good mother? Fuck you – go home and play with your kids!! (to everyone) You wanna work here? Test!! (to Aaronow) You think this is abuse? You think this is abuse, you cocksucker? You can’t take this — how can you take the abuse you get in a classroom?! You don’t like it — leave. I can go out there tomorrow with the materials you got, make myself a thousand dollars in merit pay! Tomorrow! In one class! Can you? Can you? Go and do likewise! A-I-T-P!! Get mad! You sons of bitches! Get mad!!

 

[Singer]

Oh, I’m mad. I’m mad that a shallow schmuck like you thinks he can come in here and tell us how to do our jobs. School is about so much more than test scores. You can’t reduce it all to a multiple choice assessment. These kids need a broad curriculum, not just reading and math. They need science, art, social studies, foreign language, recess – all the stuff the rich kids get at the $50,000 a year private schools. And all you want to give them are standardized tests!

 

[Blake]

You know what it takes to teach public school?

 

(He pulls something out of his briefcase. He’s holding up a hammer and a plastic model of a one-room schoolhouse. He puts the model down on Aaronow’s desk and then smashes it to pieces with the hammer.)



[Blake]
It takes school choice to teach in a public school. It takes charter and voucher schools, schools run like a business – not this mamby, pamby, commie, socialist shit!

 

[Moss]

Choice? Is that what you call letting private interests suck up public tax dollars without the same transparency and regulations as public schools? You mean schools not run by an elected school board, who meet in private and do almost whatever they please with our tax dollars? You mean schools that can turn away the hardest to teach children – unlike public schools that take everyone?

 

[Blake]
I’m talking about schools with balls!
(He puts the hammer over his crotch,– he puts it away after a pause)



[Blake]
You want a paycheck? Do like the choice schools do — Go and do likewise, folks. The money’s out there, you pick it up, it’s yours. You don’t–I have no sympathy for you. You wanna go into your classes tomorrow and test and get your kids to pass, it’s yours. If not you’re going to be shining my shoes. Bunch of losers sitting around in a bar. (in a mocking weak voice) “Oh yeah, I used to be a teacher, it’s a tough racket.” (he takes out a software package from his briefcase) This is the new Common Core aligned diagnostic system. It’s like the MAP, Study Island, iReady and iStation – only better.

 

[Singer]

Those programs suck.

 

[Blake]

This is better. With it, your students will sit behind a computer screen for several hours every day taking stealth assessments.

 

[Singer]

You mean mini-tests?

 

[Blake]

No. Not mini-tests. They’ll run through the program and get instruction on every Common Core standard and their answers will show how much they’ve learned.

 

[Singer]

They’re tests. Standardized tests. Every day.

 

[Blake]

This is the Pearson leads. And to you, it’s gold. And you don’t get it. Why? Because to give it to you is just throwing it away. (he hands the software to Williamson) It’s for testers. (sneeringly) Not teachers.

 

I’d wish you good luck but you wouldn’t know what to do with it if you got it. (to Moss as he puts on his watch again) And to answer your question, Pal: why am I here? I came here because the Governor and Legislature are paying me to be here. They’re paying me a lot more than you. But I don’t have to take their money. I can make that tying my shoes. They asked me for a favor. I said, the real favor, follow my advice and fire your fucking ass because a loser is a loser.

 

(He stares at Moss for a sec, and then picking up his briefcase, he leaves the room with Williamson)

 

[Singer]

What an asshole.

 

[Moss]

He may be an asshole but he’s got the state on his side.

 

[Aaronow]

This isn’t what I signed up for. This isn’t why I became a teacher.

 

[Moss]

What did you sign up for?

 

[Aaronow]

TO TEACH! Not to be some… some… glorified real estate agent!

 

[Singer]

It’s funny. We know how crazy all this testing, Common Core, and charter school crap is, but no one wants to hear us.

 

[Moss]

And now without collective bargaining, we can’t even speak up without fear of being fired.

 

[Aaronow]

Fear!? If we don’t push all this teaching to the test nonsense, they’re going to fire us. And if we do, they can replace us with computer programs. We’re damned if we do, damned if we don’t.

 

[Singer]

Not if people wake up. (Moss and Aaronow scoff) Not if the public takes a stand, if parents and teachers opt their kids out of the tests…

 

[Aaronow]

Didn’t you hear the man!? They’re putting the kids on computer programs to test them every day!

 

[Singer]

Then we fight every day. We protest every day. We get parents together and other concerned citizens and we go to the capital and we fight. Call your representative. Go to your Senator’s office. Stage a sit in. Hold a mock trial. Write a blog parodying a scene from a famous movie. Get public attention. Make some noise.

 

[Aaronow]

And you think people will care? You think people will know?

 

[Singer]

We’ll teach them. We’ll show them. That’s what we do.

 

[Moss]

We have no other choice.

 

[Aaronow]

Always be testing?

 

[Singer]

Always be teaching.

 

(Curtain)

 

The Original Scene from GlenGarry Glen Ross:

Standardizing Whiteness: the Essential Racism of Standardized Testing

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“As a method of social production, as well as social reproduction, standardized testing has had serious cultural implications, not the least of which has been the eternal question of American identity. Consistent with notions of American identity, standardized testing, as an opposition to a cultural other, represents the normalization of whiteness, richness, and maleness.”
-Andrew Hartman

“In this country American means white. Everybody else has to hyphenate.”
-Toni Morrison

We talk about standardized testing as if we don’t really understand what it is.

We say we want No child left behind!

And then we pass a law named after that very sentiment that ensures some students MUST be left behind.

We say we want Every student to succeed!

And then we pass a law named after that very sentiment that ensures every student will NOT succeed.

It would be absurd if not for the millions of children being forced to endure the harsh reality behind our pretty words.

It’s not these ideals that are the problem. It’s standardized testing.

Researchers, statisticians, and academics of every stripe have called for an end to high stakes testing in education policy. Parents, students and teachers have written letters, testified before congressional committees, protested in the streets, even refused to take or give the tests. All to deaf ears.

The federal government still requires all students in 3-8th grade and once in high school to take standardized tests.

But these assessments are graded on a curve. A certain amount of students are at the bottom, a certain amount are at the top, and most are clustered in the middle. This would be true if you were testing all geniuses or all people with traumatic brain injuries.

It doesn’t matter how smart your test takers are. There will always be this bell curve distribution. That’s how the tests are designed. So to talk about raising test scores is nonsensical. You can raise scores at school A or School B, but the total set of all test takers will always be the same. And some students will always fail.

But that isn’t even the worst part.

Standardization, itself, has certain consequences. We seem to have forgotten what the term even means. It’s defined as the act of evaluating someone or something by reference to a standard.

This socket wrench is a good socket wrench because it most closely resembles some ideal socket wrench. This McDonald’s Big Mac is good because it resembles the ideal McDonald’s Big Mac.

That’s what we’re doing to people – children in fact. We’re evaluating them based on their resemblance to some ideal definition of what a child should know and what a child should be.

But children are not socket wrenches nor are they Big Macs. It is not so easy to reduce them to their component parts and say this is good and that is bad.

When you try to abstract them to that point, it is impossible to remove various essential factors of their identity – race, gender, socio-economic status, etc. Nor would it be admirable if you could, because you would have abstracted to the point where the individual is no longer visible or valued. A child raised in poverty is simply not the same as a child from a privileged upbringing. A child from a culture that values cooperation is not the same as a child from a culture that values individual achievement. And that’s often a good thing.

But when you define a standard, an ideal, you make certain choices – you privilege some attributes and denigrate others. Since the people creating the tests are almost exclusively upper middle class white people, it should come as no surprise that that is the measure by which they assess success.

Is it any wonder then that poor kids and children of color don’t score as well on these tests? Is it any wonder that upper middle class white kids score so well?

We’ve known this for almost a century. Standardized tests do a poor job of assessing intelligence or knowledge. Those things are too complex and the tests are too simple. If you’re evaluating something equally simple like basic addition and subtraction, these tests can work alright. But if you’re trying to get at something complex like critical thinking or creativity, they end up doing little more than prizing the way some people think and not others. In short, they elevate the thought processes most associated with rich white kids.

It doesn’t mean poor and/or black children are any less intelligent. It just means rich white kids have the things for which the test designers are looking. Some of this is due to economic factors like greater access to private tutoring, books in the home, parents with more time to read to their kids, coming to school healthy and more focused. However, a large portion is due to the very act of taking tests that are created to reflect white upper class values and norms.

Think about it. Almost all the questions are field tested before they become a permanent part of the exam. Students are given a question that doesn’t count to their final score, but test makers tabulate how many kids get it right or wrong. So when most white kids answer a field tested question correctly and most black kids get it wrong, it still becomes a permanent test question because there are so few blacks relative to whites. Maybe it’s a question that references sun tan lotion, something with which darker skinned people don’t have as much experience. Imagine if a question referencing the hair care practices of  black people became a test item. White people would have difficulty with it because they can’t easily relate. But the field testing process doesn’t allow that because it normalizes whiteness.

So black kids stumble while white kids have an easier time. We even have a name for it: the racial proficiency gap.

Many well-intentioned progressive voices have bemoaned this problem and wondered how to solve it. But it’s not the scores that are the problem. It’s the assessments. They are doing exactly what they were designed to do.

That’s right. You cannot have such obvious, historical problems perpetuated year-after-year, decade-after-decade, and still think they are mere unintended consequences.

This is how the system was designed to work. This is how it’s always been designed to work.

If you were going to create a racist and classist school system from scratch, what would you do? How would you go about it?

You’d need the lower classes to have SOME mediocre education so they are able to do the menial work that keeps society running. But only so much. Education as a social ladder is all well and good as propaganda. But you don’t want that ladder to lead out of the basement for more than a few.

You need something that will create a hierarchy with people of color at the bottom and poor whites only slightly better off so they can feel ennobled compared to their darker subordinates.

You need a biased sorting mechanism – something that allows you to put students into privileged and unprivileged categories but that will look to all the world like it was doing so fairly. It would have to appear like you were choosing students based on merit.

You’d need something like standardized test scores.

This is how these assessments have functioned from their very beginnings.

When Carl Brigham and Robert Yerkes, U.S. Army psychologists during WWI, designed the alpha and beta intelligence tests to determine which soldiers deserved to be officers, they were creating a pseudoscientific justification for white privilege. They used biased and unfair assessments to “prove” that rich white folks were best suited to give orders, and the rest of us belonged in the trenches.

Brigham and Yerkes were drawing upon eugenics, also called “racial hygiene” or “scientific racism.” This was a radical misreading of Gregor Mendel and Charles Darwin. Eugenicists thought positive traits such as intelligence were widespread in Northwestern European races and almost nonexistent in others. Moreover, negative traits such as laziness and criminality were common in nonwhites and almost absent in those same Northwestern Europeans.

“We should not work primarily for the exclusion of intellectual defectives but rather for the classification of men in order that they may be properly placed,” wrote Yerkes.

THIS is the basis of standardized testing.

After the war, Brigham took the same principles to create the Scholastic Aptitude Test or S.A.T. – in principle the same exam still taken by 2.1 million teenagers every year to ensure they get into their chosen college.

The test was further refined by fellow eugenicist Lewis Terman, Professor of Education at Stanford University and originator of the Stanford-Binet intelligence test. Together these three men created the foundations for the modern field of standardized testing. And make no mistake – its axiomatic principle is still that some races are genetically superior and others are inferior.

Or as Terman put it:

“A low level of intelligence is very common among Spanish-Indian and Mexican families of the Southwest and also among Negroes. Their dullness seems to be racial, or at least inherent in the family stocks from which they come… They constitute a grave problem because of their unusually prolific breeding.”

After WWII, the eugenicist brand suffered from comparison to the Nazis who had been inspired by the findings of Brigham, Yerkes and Terman among others. In the post war years, we’ve discarded the overtly racist language but kept the assessments. Yet they still function the same way – sorting out blacks and the poor while prizing the rich and white.

This information is not secret. It is not kept under lock and key in some hidden military base somewhere. It’s accessible to anyone with Internet access or a library card.
We ignore it, because otherwise it would destabilize the current power structure – the corporate education policies that drive school practices in our country. We close our eyes and pretend it isn’t happening.

But it is.

“Standardized tests are the last form of legalized discrimination in the US,” said Education and Psychology Prof. Phil Harris.

With them you can give rich and middle class whites every advantage while withholding the same from students of color. And we don’t call it racism or classism because we pretend the whites earned their privileges by their test scores.

“We are using the testocracy as a proxy for privilege,” said civil rights theorist Lanni Guinier. Test scores are the excuse for prejudicial and unjust practices that would be impossible without them.

For instance, if you really wanted to help someone who’s struggling, you might offer extra help. But low test scores are used as the reason for withholding that help. We actually use these invalid scores as a means of demeaning and firing poor black kids’ teachers – as if anything they could do could completely overcome biased assessments and poverty. In this way, we not only remove those already in place to help these kids, we ensure few people will volunteer to take their place.

And when you have a teacher shortage in these poor urban neighborhoods, you can use that to justify further deprivations. Instead of teachers with 4-year education degrees, you can hire lightly trained Teach for America temps – college grads who’ve taken no coursework in education beyond a six weeks cram session.

And if the parents of these children complain, you can open charter schools to pull a quick bait and switch. Make them feel like they have a choice when really you’re pulling the rug out from under them. You provide them with a school with none of the safeguards of a traditional public institution – no elected school board, no transparency on how tax dollars are spent, little oversight, a right to refuse any student they wish, etc. And when the school goes belly up, these kids will be pushed back to their former traditional public school that has had to make due with less funding and now can provide even fewer  services than it could before students jumped ship.

Using standardized test scores to judge not just students but whole schools, you can destabilize the entire system of public education. Charter schools and traditional public schools fight over ever-dwindling funding, one required to prove everything it does, the other able to do whatever it wants until it closes with little to no consequences for charter operators who take the money and run.

The US Supreme Court ruled in Brown vs Board that we can’t have “separate but equal” schools because when they’re separate, they’re rarely equal. But somehow that doesn’t apply to charter schools.

Somehow we’ve stopped caring about integration – one of the central victories of the Civil Rights movement! This plays right into the hands of the corporate education reformers. They have done everything they can to increase segregation because it makes it so much easier to privilege rich white kids and crush poor black ones.

They don’t want an equal mix of black and white, rich and poor in our schools. That would make it much harder to select against one class of student while boosting another.

They need to keep the races and classes as separate as possible. Charter schools help in this regard, but they would be insufficient without the help from many white families who flee from these “other” darker complected kids. It’s just another way to send more funding to white kids and less to poor black kids. They say it’s based on local property taxes. That way they can pretend it’s all fair and above board. Rich folks have a right to be able to give their kids the best, and if poor folks can’t afford to do the same, who do you expect to pick up the tab?

Oh! And let’s not forget setting “high academic standards” while all this is going on. They throw out everything that’s been working and come up with a Common Core of knowledge that all kids need to learn. Don’t include black and brown history, culture or the arts – just the stuff the business community thinks is valuable because they know so much about what’s really important in life. And have the whole thing written up by non-educators and non-psychologists and don’t bother testing it out to make sure it works.

Your rich white kids will have no problem jumping through these hoops. But your poor black and brown kids will stumble and fall – just as planned.

This is what has become of our public schools.

This is corporate education reform.

This is our racist, classist school system.

And it’s all based on standardized testing – a perfectly legal system of normalizing rich whiteness.

F- It! I’m Voting For Jill Stein

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I have had it with this election.

 

Trump is a petulant, disgusting, fascist with terrible hair and a machismo complex. Clinton is a warmongering Wall Street lickspittle who smiles in your face as she secretly advocates policies that will hurt you and your family.

 

I simply refuse to choose between either one of them.

 

And before any of my so-called progressive friends start chiding me about third parties, let me just give you my reasoned argument: FUCK YOU.

 

Don’t tell me it’s a wasted vote. Don’t tell me it’s a vote for Trump. Read my lips: IT’S A VOTE FOR JILL STEIN!

 

No, I don’t want Trump to win. Yes, I agree Clinton is the lesser of two evils. But I simply cannot spend the rest of my adult life voting for evil.

 

Get real, people. When you keep choosing the best of the worst, it never ends. Do you really think things will be any different in four years? In eight?

 

The major parties will still give us a choice between dumb and dumber. I am done being a part of it. I’m opting out. Take your fake two-party Democracy and shove it.

 

When pundits and partisans talk about Presidential politics, they pretend it’s a game of chess. No. They think it’s fantasy football. Who won which debate? Who’s polling better with Latinos? Who’s got the most endorsements? They want you to take all this useless overcooked data and vote strategically, relying on the media to maximize the outcome regardless of the quality of the candidates involved. Unfortunately, it’s all baloney.

 

Few polls are actually scientific and even those that are given this dubious moniker are iffy at best. No matter what your opinion, you can find a poll or statistic somewhere to back it up. At least 60% of people know that!

 

This election has done a lot to foster my distrust of the media. The Associated Press calling primaries for Clinton before people were even done voting! Ignoring stories of voter irregularities! Giving Clinton debate questions ahead of time! Leaking a five year old video of Trump being a pig to bury Wikileaks emails that might otherwise hurt Clinton!

 

My God! We’ve gotten more actual news from whistleblowers in the past few years than journalists! And it’s pretty obvious why. The media is really just the public relations arm of the handful of corporations that own the dwindling number of newspapers, TV stations, search engines, etc. Very little makes it through the amalgamated filter that isn’t in the interests of the moneyed few.

 

Sorry. I prefer to think for myself.

 

There is just no reason to play games with your vote. It’s really quite simple. Vote for the candidate who best represents your values. That’s your only responsibility.

 

It’s up to each candidate to earn my vote. If I don’t cast a ballot for Clinton, I’m not a spoiler. She hasn’t done enough to prove to me that she’s the person for whom I should be voting. If that means she loses the election, it’s not my fault. She didn’t run a successful campaign. She didn’t give voters like me enough, she didn’t prove to us that she isn’t the same neoliberal lapdog of the elites that she’s always been.

 

She voted for the Patriot Act twice. She pushed for more troops in Afghanistan and US intervention in Libya. Her top donors are the same folks who crashed the economy – JP Morgan, Goldman Sachs, Morgan Stanley and Citigroup. She sold fracking to the world through the Global Shale Gas Initiative. She signed on to the Workplace Religious Freedom Act, which, according to the ACLU, would have effectively legalized discrimination, and she introduced a bill that would have made flag burning a felony.

 

I’m sorry. I don’t care how many pussies Donald Trump grabbed. I can’t vote for a person like that!

 

So why Jill Stein?

 

Easy. I’ve met the woman, and she’s the real deal.

 

No, she doesn’t have Clinton’s experience, but that’s a good thing. I’m not entirely satisfied with what Clinton did while Secretary of State, a U.S. Senator or First Lady. Better to hire someone with good intentions who has to learn on the job than someone who is immediately in a position to continue our endless series of petty wars, enrich the banks and compromise away protections for the environment.

 

As a father of a school age child and a public school teacher, education is my number one issue. Trump wants to tear everything down and give it all away to big business. Clinton wants to do much the same but more slowly and with a smiley face sticker on it. Stein is the only candidate who actually wants to help.

 

When United Opt Out held its annual conference in Philadelphia last year, Stein was the only candidate to actually come and speak with us. You read that right. She didn’t send a surrogate. She didn’t write a letter. She came in person and talked to us as a group and one-on-one. Heck! She even gave me a hug as a fellow activist working for change.

 

She is in favor of everything that needs doing for our public schools. She wants to stop endless high stakes standardized testing. She wants to stop school privatization. She wants to fairly fund all public schools. She wants to provide free college and end all student debt. She wants single payer healthcare paid for by cutting our bloated military budget with no raise in taxes. She wants to stop selling weapons to Saudi Arabia, stop giving weapons to Israel, freeze terrorist-funder’s bank accounts, end the War on Terror and engage in a policy of peace. Moreover, Stein wants the savings from slashing our biggest federal expenditure to be used to fund a New Green Deal, creating full employment and a living wage all while transitioning to 100% clean energy by 2030!

 

Now that’s a platform I can vote for without reservation.

 

However, I have no illusions that she’ll win. When tens of thousands of people can look at an admitted sexual predator like Trump with approbation, I know we’re just not ready as a species for a candidate like Stein.

 

We’re too stupid. Too racist. Too sexist. Too classist. Too much the evolutionary apes that conservatives refuse to believe in.

Yet those on the other side of the aisle are so civilized they’re willing to politely follow the leader over a cliff. They’ll ignore every criticism, silence any dissent as they’re given marching orders by the establishment all the while congratulating themselves for being so intelligent.

 

I’m not sure which is the bigger joke – this election or our electoral system. Trump whines that the election is rigged against him, and we laugh because he’s his own worst enemy. But the system is far from fair. You can’t tell me some of those primaries weren’t stolen from Bernie Sanders – people living in highly concentrated Sanders leaning districts facing long lines, closed polling stations and uncounted votes. Always against Sanders voters, hardly ever against Clinton or Trump supporters.

 

Even setting aside the crappy primary, look at our obsolete and eminently hackable voting machines. Look at our refusal to make election day a holiday. Look at our recent spat of voter ID legislation which makes it so much more difficult for the poor and minorities to cast a ballot.

 

This is the best system we can muster!? But of course it is, because the powers that be don’t want all of us to vote. They want just enough of us to foster the illusion of a democracy – a weak one that they can manipulate and control. They decided a long time ago they wanted Hillary Clinton to win. Trump is just there to scare the rest of us into voting for her so that we can pretend we had a choice.

 

I’m not saying things couldn’t go astray. If white nationalists come to the polls and everyone else stays away, we’ll have our new fuehrer. But the rich and powerful are betting on Clinton. She means stability for the market, she means the needs of business will be met and the rest of us will just sit back and take it because we had a “choice.”

 

Well, screw that. I’m not doing it.

 

I will proudly go to my polling place this November and give my vote to Stein. She’s earned it.

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Fighting for Public Schools Means Fighting Against Systemic Racism – United Opt Out Education and Civil Rights Summit

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What do you do when you hold a civil rights summit and none of the big names show up?

That’s what happened last weekend when United Opt Out (UOO) held its Education and Civil Rights Summit in Houston, Texas.

We invited everybody.

We invited the National Association for the Advancement of Colored People (NAACP). We invited the National Council of La Raza “The People,” the League of United Latin American Citizens (LULAC), the Urban League and several others.

None came.

But instead we were host to many of these organizations individual members.
Just how many people came to the Lone Star State for the summit? Thousands? Hundreds?

More like dozens.

Not only did the major civil rights groups neglect to send their leadership, but the bulk of our nation’s education activists also stayed away.

United Opt Out had just gone through a major reorganization on philosophical grounds. Only three of its long-time board members remain – Denisha Jones, Ruth Rodriguez and Ceresta Smith. They have since been joined by five new directors – Gus Morales, Zakary Rodriguez, Erika Strauss Chavarria, Deborah Anderson and Steven Singer (me).

The directors that left the group did so for various reasons, but some of them split along ideological lines. Some thought United Opt Out shouldn’t work with labor leaders or civil rights groups that weren’t perfectly aligned with all of UOO’s goals. So they left. Those who stayed are committed to working with almost anyone to push forward the cause, piece-by-piece if necessary.

As a result, this organization that had been growing by leaps and bounds, finds itself starting afresh. While last year’s conference in Philadelphia drew progressive luminaries like Chris Hedges, Jill Stein and Bill Ayers, this year’s gathering was more low key.

But it was far from somber. In fact, the board’s vision was vindicated in the most amazing way during the summit.

As Jesse “The Walking Man” Turner discussed the importance of reframing school policy to include students basic humanity, Gus looked up from his phone and announced, “The NAACP just ratified its moratorium on charter schools!”

We all stopped what we were doing and went to our phones and computers for verification. Denisha found it first and read the resolution in full.

We cheered, laughed and hugged each other.

This was exactly the kind of change we’ve been talking about! In fact, Julian Vasquez Heilig, education chair of the California and Hawaiian NAACP chapter, had originally been scheduled at the summit as a keynote speaker. When the resolution that he had been instrumental in crafting came up for a vote at the national NAACP meeting, he understandably had to cancel with us. Clearly he was needed elsewhere.

And now one of the largest civil rights organizations in the country has taken a strong stance on charter schools. Not only does the NAACP oppose charters as a solution to inequities experienced by children of color, they’ve now gone beyond mere ideology. They’re calling for action – no new charter schools.

It is a tremendous victory for parents, children and teachers everywhere. And a much needed win for civil rights and education activists. The civil rights community (including the Black Lives Matter movement) is starting to acknowledge that Brown vs. Board is right – we cannot have “separate but equal” school systems because when they’re separate, they’re rarely equal.

Let me be clear – UOO did not achieve this triumph alone. It took many people, some of whom probably have never heard of us. However, activists supporting our movement such as Julian were strongly involved.

And if we had listened to the naysayers who proposed only working with perfectly like-minded groups, this might never have happened.

As a national organization, the NAACP still supports standardized testing as necessary to hold schools accountable for teaching all students. But this was not always the case.

In October of 2014, there were 11 civil rights groups including the NAACP Legal Defense and Educational Fund (LDF) who wrote a letter to President Barack Obama asking him to reduce standardized testing.

Then in January of 2015, a full 19 Civil Rights organizations including the NAACP wrote to Congress asking lawmakers to preserve annual testing.

What changed in those three months?

All of these organizations accept huge donations from the corporate education reform industry including some of the richest people in the world like Bill Gates. While none of us were present at these decision making sessions, it seems clear that fear of losing their funding may have forced them to make hard compromises.

Should we then as education activists wipe our hands of them? Should we refuse to work with them on some issues because we disagree on others?

United Opt Out says no. We’ll work with almost anyone where we can, when we can. And the results were on display with the NAACP resolution calling for a charter school moratorium.

Perhaps now that we’ve found that common ground on school privatization, we can do the same with standardized testing. Perhaps we can help educate them about the history of this practice, how it was a product of the eugenics movement and has always been used to support white supremacy and keep people of color and the poor in their place.

If we can make that argument, think of the potential. Perhaps leadership at these big civil rights groups would be less willing to compromise if they understood that standardized testing was used to justify mass sterilizations of American citizens and it was greatly admired by the Nazis. Perhaps if they understood that our modern standardized assessments are little better and create a racial proficiency gap by their very design – maybe then threats from rich white philanthropists won’t seem as important. Perhaps if they understood that schools can best be held accountable by reference to the adequacy of the funding they receive and a detailed accounting of what they do with it, these organizations might be less inclined to rely on multiple choice testing.

In fact, this is why we were there together in Houston in the first place. We wanted to make our case to these same civil rights organizations.

They may not have sent their leaders, but their members were already here. And we spent the time working together to find ways to make our case.

It was really quite amazing.

Audrey Amerin-Breadsley, professor and author of the blog Vamboolzed, gave us an incredibly accessible and informative keynote on value-added measures (VAM), the practice of using students test scores as a way to evaluate their teachers. For instance, did you know this common practice was originally based on a model for the cattle industry? It’s junk science and has little relation to education, teachers and students. All it does is pit students and teachers against each other creating a culture of fear where educators can be unfairly fired at any time – not the best environment for learning. Yet ignorant, lazy and/or corrupt bureaucrats still champion it across the country as a solution to improving schools.

Sam Abrams, Director of the National Center for the Study of Privatization in Education (NCSPE) and an instructor at Columbia University, explained in minute detail how corporate education reform relies on bad statistics and is bad business. He explained how academics blinded by economics and unencumbered by any real-life experience of public schools came up with this scheme, which has been disproven by the facts again-and-again. Not only do the highest achieving countries such as Finland go a different route, but those that follow this market driven model find student achievement suffering. In short, our current education policies are really faith-based initiatives, a faith in the invisible hand of the market, and an ignorance of reality.

But perhaps most heartening was the series of talks given by the locals. Houston Federation of Teachers is one of the few labor unions to pass a resolution supporting parents rights to opt their children out of standardized testing. In fact, teachers and parents even run a free Opt Out Academy for children not taking the tests so that their education continues while their peers suffer through these useless assessments. We got to meet parent zero, the first parent to refuse testing in the district. We heard the community’s painstaking process of spreading the movement one family at a time. This was in effect an opt out cookbook, a how-to for anyone wishing to bring this social justice action to their own neighborhoods.

It was a weekend to give anyone hope.

We were small but we were powerful. Given a few years to rebuild, UOO could well be much stronger than we once were. Meanwhile parents across the country continue to refuse these tests for their children at an exponential rate.

There are many struggles ahead. But we have made real progress toward our goal of providing an excellent education for all children.

No longer can our governments be allowed to keep discriminating against them based on the color of their skin, their parents bank accounts and other factors. We’re standing for all students, because we don’t see them as consumers or data points. We see them as children, as human beings. And we stand together to protect and preserve that shared humanity.

What better way to spend a weekend?

If I Were Secretary of Education – A Classroom Teacher’s Fantasy

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I will never be Secretary of Education.

Frankly, I’m just not qualified.

I’m only a classroom teacher. The powers that be don’t trust someone like me with that kind of responsibility. It’s okay to give me a roomful of impressionable children everyday, but there’s no confidence I can make sound policy decisions. For that we need someone with experience in management – not schools, pedagogy, children or psychology.

The presiding incumbent in this prestigious position, John King, somehow overcame that handicap. He had taught for three whole years at a charter school, but the bulk of his experience is in administration – administrating a Boston charter school with high suspension and attrition rates. He also was New York State Education Commissioner, where he single-handedly dismantled the state system of education and sparked one of the largest parental revolts in the nation in the state’s opt out movement.

The previous Secretary of Education, Arne Duncan, was much more qualified, having never taught a day in his life. Before getting Congressional approval, he was appointed to run a charter school and later was entrusted as CEO of Chicago City Schools where he likewise blundered his way to the top with policy decisions that devastated a great system of public education.

What do I have to offer compared to all that? I only have more than a decade’s worth of experience helping kids learn. I’m only one of 3% of teachers nationwide who are Nationally Board Certified. I’ve only earned a Masters degree in Education. I only help run a more than 56,000 member national education advocacy group, the Badass Teachers Association, and write a popular blog dedicated to education and civil rights.

 

I’ve never sunk a major metropolitan school. I’ve never been run out of a populous state chased by citizens armed with torches and pitchforks.

But let’s close our eyes and imagine that somehow through the magic of education bloggery I was whisked into office at the U.S. Department of Education.

What would a person like me do as Secretary?


1) Respect the Limits of the Job

Though George W. Bush and Barack Obama come from opposite ends of the political spectrum, these two Presidents did more to increase the powers of the Department of Education than any chief executives before them. They turned it into – as former Education Secretary Lamar Alexander puts it – a national school board with the Secretary was the national superintendent.

The department forced test and punishment policies on the states, cudgeled and bribed state officials to enact lousy Common Core Standards, and held federal grants hostage unless states accepted every corporate education reform scheme big business could think up.

Don’t get me wrong. I’m a New Deal Franklin D. Roosevelt Democrat, but even I think these two administrations blatantly abused their power and overstepped their Constitutional authority.

So the first thing I would do is take a step back and follow the law. The recently enacted Every Student Succeeds Act (ESSA) sets explicit limits on federal power over education policy returning much of it to the states. As Education Secretary, I would respect the power of the states to control public education. It is the state’s job to set policy. It is the federal government’s job to provide support, encouragement and oversight.

Therefore, the role of the Department of Education is to ensure public schools are being properly funded, civil rights are not being violated and to be a repository for national data and research. I’d dedicate myself to that – not some corporate fueled power trip that both parties condemn except when they’re practicing it.


2) Push for More Federal Funding for Public Schools

Therefore, the first thing I would do is use the full power of the office to ensure the federal government is giving its utmost to help state public schools. I would use whatever grants were available to increase federal funding to the most impoverished schools. I would fully fund Title I. I would increase the federal share of Special Education – (Under Part B of the Individuals with Disabilities Education Act (IDEA) the federal government is supposed to fund 40% of the per pupil cost of all special education students but has never met this obligation. I would seek to rectify that if possible.) I would enact a national after school tutoring initiative. I would provide funding to hire additional teachers to reduce class size.  And as far as is possible, I would forgive college students loan debt so they can begin their lives with a clean slate.

This is something that those who seek to disband the U.S. Department of Education never seem to understand. The federal government has an important role to play in our school systems. It’s not the unfounded power grab of the last few decades, but we need another robust player on the field to help the states achieve their goals and also to keep the states honest.

If we disbanded the Department of Education, as some conservatives from Reagan to Paul to Cruz to Trump suggest, what would happen to Pell Grants, for instance? What would happen to the bundles of federal money that boost our public schools? Who would make sure states are doing their jobs? Where could we go to find accurate data about how our schools are doing nationally and not just state-by-state?

If we got rid of the department, at best these jobs would fall back on other government agencies that haven’t the funding, staff or ability to accomplish them. More likely, it would result in the elimination of billions of education dollars that the states simply couldn’t (or wouldn’t) replace. Abuses against students on the grounds of civil rights, gender, special education, etc. would skyrocket with little to no recourse. And we would be in the dark about how well we were educating our nation’s children.


3) Encourage States to Enact Accountability Measures that Don’t Include Standardized Testing

Accountability has become a dirty word in many education circles because of the way the Bush and Obama administrations have perverted it to mean test and punish. It has become a boondoggle for the standardized testing industry, an excuse to close poorly funded and often urban public schools to be replaced by unaccountable charter schools. While this is a terrible misuse of federal power, states must be responsible for the education they provide their children. And contrary to popular belief, this can be accomplished without resorting to the usual corporate reform measures.

As Secretary, I would put an immediate stop to the era of test and punish at the federal level. As it stands, the ESSA allows states to determine what they will use to demonstrate their educational progress for students. This is a state decision, but I would encourage states not to use standardized testing. I would offer to help any state interested to find new ways to show accountability. For instance, districts could submit to a simple audit showing student-teacher ratios, per pupil funding, discipline data broken out by race, degree of segregation, richness of the curriculum, etc.

Let me be clear: it is up to states to make these decisions. As Secretary, I would have no power to force legislatures or departments of education to do any of this. However, I’m willing to bet that many states would be excited by these possibilities and jump at the opportunity. Helping them achieve this would be my job.


4) Stop Federal Funding to Charter Schools, Teach for America and Common Core

Speaking of encouragement, I would stop all federal help for corporate education reform policies. That means turning off the money faucet for programs that enrich corporations and big business at the expense of school children.

This means not one more federal dollar to help private companies open new charter schools. Teach for America would have to rely on its corporate donors, not the taxpayers. And the Common Core gravy train would come to a screeching halt. No more money to help states enact the standards, no more bags of cash for book publishers and test manufacturers.

If states that had enacted the Core wanted to keep it, fine. If not, fine. But they would be on their own.

(In a sad aside, opposition to Common Core is most virulent from conservatives, yet there are an awful lot of state legislatures completely in GOP control that could get rid of Common Core tomorrow but which have done – and continue to do – nothing about it. No matter who the next Education Secretary is, the fate of Common Core is in the hands of state legislatures across the country – not the President, not Congress and not the Education Secretary. There’s far too much rhetoric and not nearly enough action.)


5) Do Everything I Can to Increase Teacher Autonomy, Respect, Pay and Training

Finally, I would use my position as Education Secretary to boost the greatest resource we have to help students learn – teachers. I would speak out on the need for educators to have autonomy in the classroom so they are empowered to meet student needs. I would work to increase public perception and respect for the profession. We simply can’t afford teacher bashing, because when you disrespect educators, you reduce their power to help kids. I would boost teachers pay through matching state grants. If you want the best possible teachers, you have to pay for them. If you want to attract the best people to the field, you need to ensure they will have a reliable middle class income and not have to work a second job or use their own money to buy school supplies. I would invest federal funds in training programs so the newest crop of teachers are up to date with the latest pedagogy and techniques. I would encourage more people of color to enter the field. And I would partner with teachers unions to strengthen protections for teachers while educating the public on the meaning of due process and the reality that strong unions mean fewer bad teachers in the classroom.


 

Are there more things we need to do to help improve our national system of public education? Certainly.

 

We need to start integrating schools again and stop the constant push to segregate through charter schools and white flight. We need to ensure every student receives adequate, equitable, sustainable funding. We need to change charter school laws so that they can’t cherry pick students and are as transparent and accountable as traditional public schools. We need to stop closing struggling schools and address root causes. We need to stop state takeovers except under the most dire of circumstances and set limits on how long states can stay in control. And we need to pass strong student privacy laws – even updating the Family Education Privacy Act (FERPA) to protect our children from predatory ed-tech companies that constantly data mine students and sell millions of data points on our children to the highest bidder.

There are a whole host of things needing done. However, most of these things go beyond the powers of the Department of Education and its cabinet level Secretary. They can only be addressed by the President, Congress, state legislatures and/or the court system. The Education Department can help steer that agenda, it can be an ally to real positive change, but it can’t go it alone.

Unfortunately, no matter who wins the Presidency in November – Clinton or Trump – neither seems likely to nominate an Education Secretary who would do any of the things I’ve outlined.

 

For all his talk of reducing the size of the government, Trump proposes increasing the federal footprint with school choice initiatives turning the Department of Education into a wheelbarrow marked “free money” for big business and parochial schools while forcing states to accept his school policies. Meanwhile, Clinton is likely to continue the course set by Bush and Obama of embracing every corporate school reform package from which Wall Street benefits.

It’s a crazy time full of crazy candidates and crazy solutions, but of this we can be sure – no one is crazy enough to let a teacher make decisions about public education policy.

You Can’t Be Anti-Opt Out and Pro-Democracy

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Our lawmakers have a problem.

This summer they doubled down on one of the most anti-democratic mandates in the federal repertoire yet they claim they did so to protect states rights.

Here’s the problem.

Every year, hundreds of thousands of public school parents across the country opt their children out of standardized testing.

But Congress voted to keep mandating that 95% of students take the tests.

It all happened with the much celebrated bipartisan passage of the Every Student Succeeds Act (ESSA), the federal law that governs K-12 schools.

While lawmakers made changes here and there to let the states decide various education issues, they kept the mandate that students participate in annual testing.

They didn’t leave that to the states. Whether they were Republican or Democrat, almost all lawmakers thought it was just fine for the federal government to force our children to take standardized tests at least every year in 3-8th grades and once in high school.

If any school district, has more than 5% of students that don’t take the tests – for whatever reason – the federal government can deny that district funding.

Think about that for a moment.

Our lawmakers are supposedly acting in our interests. They’re our representatives. We’re their constituents. They get their power to pass laws because of our consent as the governed. Yet in this instance they chose to put their own judgement ahead of ours.

They could have made an exception for parents refusing the tests on behalf of their children. They just didn’t see the need to do so.

Why? Because they were worried about minority students.

It’s a laughable claim in so many ways.

It goes something like this – without standardized testing, we’ll have no way of knowing if public schools are educating students of color.

Let’s say for a moment that this were true. In that case, we can expect no parent of color would ever refuse standardized testing for his/her child.

First, this is demonstrably untrue. Black and brown parents may not be the most numerous in the opt out movement, but they do take part in it.

Second, in the majority of cases where white parents refuse testing, that would have no bearing on whether testing helps or hurts students of color. If the point is the data testing gives us on black kids, what white kids do on the test is irrelevant.

Third, even if opting out hurt students of color, one would assume that it is the parents prerogative whether they want to take part. If a black parent doesn’t want her black son to take a multiple choice exam, she should have the right to waive that exam and the responsibility would be on her head.

So there is absolutely no reason why lawmakers should have overstepped their bounds in this way and blocked all parents rights about what the schools do to their children.

It is a clear case of governmental overreach. And there are plenty of parents just waiting to bring it to the U.S. Supreme Court for the ultimate Constitutional test.

However, that probably won’t happen for the same reason it never happened through the 15 years of No Child Left Behind (NCLB) which also contained the annual testing rule.

The federal government has never withheld tax dollars based on students not taking standardized tests. officials at the U.S. Department of Education have made threats, but they have never devolved into action.

The bottom line is this: they know how Unconstitutional this mandate is, and they aren’t itching to have it tested in the highest court in the land.

It would open a whole can of worms about standardized testing. What is the federal government allowed to do and not allowed to do about education policy?

The ESSA is an attempt to reduce the federal role, but keeping the annual testing mandate was either a grievous mistake or the last vestiges of federal hubris.

But let’s return to the reasoning behind it – so-called civil rights fears.

Various groups including the NAACP asked for it to be included to protect minority students. Annual testing is the only way, they claimed, to make sure schools are teaching students of color.

It’s nonsense.

There are plenty of ways to determine if schools are meeting the needs of minority students – especially since most students of color go to segregated schools.

Even after Brown v. Board, we have schools that cater to black kids and schools that cater to white kids. We have schools for poor kids and rich kids.

It is obvious which schools get the most resources. Why isn’t that part of this “accountability” scheme? We can audit districts to see how much is spent per pupil on poor black kids vs rich white kids. We can determine which groups go to schools with larger class sizes, which groups have more access to tutoring and social services, which groups have expanded or narrowed curriculums, which groups have access to robust extra-curricular activities, which groups have the most highly trained and experienced teachers, etc.

In fact, THAT would tell us much more about how these two groups are being served by our public schools than standardized test scores. We’ve known for almost a century that these test scores are more highly correlated with parental income than academic knowledge. They’re culturally biased, subjectively scored and poorly put together. But they support a multibillion dollar industry. If we allow a back door for all that money to dry up, it will hurt lawmakers REAL constituents – big business.

So why were civil rights groups asking the testing mandate be kept in the bill? Because the testing industry is comprised of big donors.

Only a few months before passage of the ESSA, many of these same civil rights groups had signed declarations against standardized testing. Then suddenly they saw the light as their biggest donors threatened to drop out.

Make no mistake. Standardized testing doesn’t help poor minority children. It does them real harm. But the testing industry wrapped themselves up in this convenient excuse to give lawmakers a reason to stomp all over parental rights.

The conflict wasn’t between civil rights and parental rights. It was between parental rights and corporate rights. And our lawmakers sided with the corporations.

Let me be clear: legislators cannot be against opt out and in favor of individual rights.

The two are intimately connected.

Our schools have no business telling parents how to raise their kids. But our parents DO have a right to do the opposite. In fact, that’s how the system is supposed to work.

We, parents and citizens, control our schools – not you, our representatives. The principal can’t say you haven’t a right to opt out your kid. He’s just your representative. So is the teacher.

Everyone who works in the school is there to do what you want them to do for your child. Yes, they are well trained and have a world of knowledge and experience that we should draw on. And in most cases, they’re being forced to confront us by lawmakers who are tying their hands and directing them to do the dirty work.

We have common cause. We need to stand with our teachers and principals, our school boards and education professors. We need to stand together against lawmakers who think they know better.

In short, we don’t need lawmakers consent to opt out. They need our consent to stop us.

They get their power from us. They work for us.

And it’s time they get to work and rescind the annual testing mandate.