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Fwd: Current "Paul Wellstone Amendment" being drafted NEED YOUR FAXES ASAP



arn-l@interversity.org

Begin forwarded message:

From: Jo Ann Behm <jobehm@behmer.us>
Date: March 16, 2007 3:24:51 PM PDT
To: <ca-resisters@interversity.org>
Cc: Jo Behm <jobehm@behmer.us>, Harold Berlak <hberlak@yahoo.com>, Susan Harman <susanharman@igc.org>, Rog Lucido <lucid4@cvip.net>, Susan Allison <sueallison@comcast.net>, Juanita Doyon <Jedoyon@aol.com>, Susan Ohanian <susano@gmavt.net>, GERALD BRACEY <gbracey1@verizon.net> Subject: Re: [ca-resisters] Current "Paul Wellstone Amendment" being drafted NEED YOUR FAXES ASAP

Resisters-

Things are heating up in the US Congress regarding the pending reauthorization of No Child Left Behind.

The House and Senate education committees held a joint hearing on Tuesday, March 13. The Webcast of that hearing is available at: http://edworkforce.house.gov/hearings/joint031307.shtml

Yesterday, GOP leaders in the House and Senate announced their intent to oppose NCLB and introduce bills that will allow states to opt out of NCLB yet continue to receive Title I funds. The news article on this is available at: http://www.washingtonpost.com/wp- dyn/content/article/2007/03/14/AR2007031402741.html?referrer=email
(Dozens in GOP Turn Against Bush’s Prized No Child Act)

Those who agree that NCLB [while goals to close achievement gaps laudable] has had devastating, irreparable effects on students due to over-reliance on mega-testing should contact their members of Congress immediately to express support for ‘state opt-outs’ of NCLB or at the very least a major overhaul that restricts/limits the use of testing.

~~~~~~~~~~~

In that regard...I was in Washington March 6 & 7 visiting the offices of CA members of Congress Diane Feinstein, Lynn Woolsey, and George Miller.

As I posted before---I brought before them a proposed amendment for NCLB, ”The Paul Wellstone Memorial Amendment” which would prohibit any state from using NCLB/AYP large scale assessments for any individual student high stakes decisions, such as, graduation or promotion.

Alice Cain, Miller’s Senior Education Policy Advisor, wanted me to meet with Jill Morningstar, Miller’s key staffer with the House Committee on Education and Labor, because Jill was formerly a lead staffer with Paul Wellstone’s office when he had S 460 in Committee [when his chartered plane crashed in Oct. 2002 in terrible weather killing all on board including Sen. Wellstone, his wife and daughter]. His bill S 460 would have done exactly this---prohibit state tests [for systemic accountability] from also being misused to deny diplomas. The companion bill in the U.S. House was VA Rep. Bobby Scott’s HR 1513. I have parent-advocate leaders from Virginia setting up appointments now to get Bobby Scott’s support on the new “Paul Wellstone” amendment as part of NCLB reauthorization.

In the spring of 2002 I had sent a huge packet of material on California’s high stakes testing to both Wellstone and Scott to support their federal bills. The hand writing was on the wall so I also initiated the Chapman v. CDE case with Disabilities Rights Advocates in Berkeley early in 2001. The Learning Disabilities Association was the group plaintiff and I was State President of LDA-CA---currently Public Policy/Govt. Affairs chair.

Fast forward back to March 6, 2006. Olyvia Rodriguez, Legislative Assistant, in Feinstein’s office seemed personally convinced that exit exams are unfair but I detected some philosophical resistance on behalf of Feinstein---later I learned Feinstein has not been one to criticize NCLB.

Jill Morningstar who was very supportive will take the “Paul Wellstone” amendment concept and mounds of information [data on CA and other states I have prepared] to Miller. I have already had two meetings [Dec. 2006] with his California staff on NCLB/high stakes.

Lynn Woolsey broke out of a meeting on Iraq to meet with me and even got my airline tickets changed so we would not be rushed. She agreed to work with Miller’s office and sponsor the “Paul Wellstone Amendment.”

So, please your immediate and most helpful action at this point would be to FAX a letter to both Miller, Woolsey. Save a copy because eventually I may ask you to re-send it to every member of the House Education Committee.

Fax Woolsey at [202] 225-5163 and Miller at [202] 225-5609

Here are bullets:

In follow-up of the March 6, 2007 meeting in Wash. D.C. with Representative George Miller’s key education staff, Jill Morningstar, and March 7, 2007 meeting with Representative Lynn Woolsey and her Legislative Assistant, Jamie Girard, by California parent disability/minority education policy consultant and activist, Jo Rupert Behm, we wholeheartedly support her proposed “Paul Wellstone Memorial Amendment” to NCLB

Much like S 460 [Wellstone] this amendment would prohibit the use of any large-scale systemic assessment [test] from also being misused for determining any individual ‘high stakes’ decisions such as promotion or graduation

California alone in 2006 denied high school diplomas to an estimated 48,000 seniors who were otherwise [except CAHSEE scores] fully qualified to graduate with peers on time. Another 22,000-25,000 seniors with disabilities [with mild to moderate disabilities at grade level who also passed all other graduation requirements except passing CAHSEE] were exempted and allowed to graduate in 2006 and 2007.

These non-graduates, stuck in exit exam purgatory, have earned 220 to 270 graduation credits, passed 40-50 courses, including 13 full year subjects required to graduate. They have taken government, economics, geography, U.S. history, civics, algebra, English, and many other subjects over their 16,380 hours, 2,340 days for 1.3 decades in public schools. Yet missing 1-2 bubbles out of 152 questions or not being able to manufacture a cold-turkey essay on a surprise topic with no word processor, no references, no dictionary, no edits using just a #2 pencil [opposite real world expectations] will keep them from graduating.

No state has done the required, exhaustive longitudinal research into the future comparing passers and non-passers that would provide empirical data to support [or refute] claims that scores alone on high school graduation tests have any valid and reliable predictive value or relevance to post-secondary collegiate or workforce success, such as transferability of skills tested to skills needed. In fact, considerable expert opinions abound that state these cost-effective archaic test formats cannot begin to evaluate the most respected personal traits needed for success after high school.

Beginning in 2008, without a federal remedy, as many as 72,000 seniors in the State of California alone will be denied their hard- earned high school diplomas. Subsequent pass rates [summer & fall after denied graduation] have been dreadful. Only 813 post-seniors passed the CAHSEE in July 2006. At this rate, CA will stockpile at least a quarter million non-graduates [who were qualified to graduate] creating a new sub-class of desperate young people barricaded from 4 year college admissions, financial aid, or sustainable workforce options.

An estimated 20,000 rejected graduates per year will enter California Adult Ed programs, which are currently understaffed, under-funded, and have enrollment caps. Yet enrollment in Adult Ed, or staying on as a 5th year senior on a regular campus, enrolling in Independent Study, or enrolling in a Charter School that accepts adults students is required in order to retake the CA exit exam [CAHSEE] after non-graduation [to get a high school diploma]. Extra funds needed for this landslide into Adult Ed are estimated to cost CA taxpayers $33.5 million per year.

While CA is the nation’s largest Petri dish demonstrating egregious consequences to the most challenged and diverse student populations, namely English language learners, students with disabilities, and poor students, California with 48,000 denied diplomas in 2006 is not alone. Various media report Florida will annually deny 12,000-15,000 high school diplomas based just on FCAT scores and retain 43,000 third graders. Maryland expects to denying 25,000 seniors based on HAS scores beginning in 2009. Texas denies 20,000-25,000 high school diplomas yearly based just on TAKS. Utah would have denied 5,000 seniors in 2006 their diplomas had the State Attorney General not stepped in to convince UT legislators to postpone the graduation penalty because his research indicated students would not qualify for financial aid in college. Arizona and Indiana each denied between 1,000 to 2,000 high school diplomas in 2006. This public policy disaster accounts for 88,000 foreclosed futures [premeditated institutional abuse] in just three states—CA, FL, TX---of the 22 with current high stakes graduation exams!

This is but a small representation of direct and collateral damage. All toll 22 states have high school exit exams whereby the exam score alone can squash graduation participation and issuing a diploma--- irrespective of all other K-12 accomplishments even college and scholarship offers in the offing. By 2012 there will be 25 states when Washington [2008], Maryland [2009], and Oklahoma [2012] enact their high stakes graduation consequences.

Where this Paul Wellstone Memorial Amendment applies is to the 20 states that currently co-mingle their high school exit exam with their required high school assessment for satisfying NCLB/AYP requirements. If the Paul Wellstone Amendment is adopted, this graduation atrocity would terminate in at least 20 of the 25 [by 2012] states with high stakes graduation exit exam connected to NCLB/AYP and possibly influence less punitive graduation consequences in the other five [AK, MN, NM, NC, TX].

These exam consequences are not only bleeding the spirit out of the high school experience, they are exacerbating drop-out [43,000 sophomores in 2002-03 in CA who failed the CAHSEE never came back for junior year]...but serial testing [up to 11 repeats in MN- but average 5-7 repeats in most states during high school-and multiple tries afterward] and monotonous remediation/tutoring before school “zero period” between 7-8 a.m., during school in lieu of electives, or after school in lieu of extracurricular activities needed for college admissions and a for well-rounded education, such as, performing arts, clubs, sports and job experience. High stakes tests are severely degrading to teaching and learning.

Copious, respected research exists to debunk the validity of cross- pollinating a single test for both systems accountability and individual student accountability. States with so many embarrassing sanctions looming thanks to NCLB have stooped to bullying and threatening students by test results by placing test results “Failed” or “Invalid” on transcripts and diplomas, denying graduation, handing out worthless “Certificates of Completion,” making students ineligible for college/job training loans and scholarships, blocking access to hundreds of thousands of U.S. Jobs that require a high school diploma [75% of trade association apprenticeships require a HS diploma or GED to apply]

California seniors denied diplomas can go to community colleges but are not eligible for Cal Grants. Cal Grants have been providing funds for college and job training for needy California high school graduates since 1955. During 2006-07 Cal Grants supplied nearly $900 million in grants to 290,000 eligible California students. The funds are an entitlement worth up to $9,700 per year per student for four years meaning students can get nearly $39,000 for all sorts of college or career/technical training expenses that they do not pay back. The dividends to taxpayers in fostering a well-prepared, contributing workforce make this program a glowing success. How can adults reconcile denying these funds to post- seniors who persevered and met every other requirement except passing an exit exam?

CA is not alone with far-reaching, harmful consequences that haunt and hurt young adults long after the utter despair and humiliation of being denied their high school diploma. Three states wage college acceptance to public universities based on exit exam scores [AL, TX, NY]. Three states place exit exam scores on high school transcripts [GA, MD, WA]. This happens in CA, as well, although State Education Code prohibits placing any test scores on transcripts without express permission of the parent or adult-age student. Three states use exit exam scores to inform college scholarship decisions [AZ, MA, NV]. For example, in NV their “Millennium Scholarship” awards up to $10k to attend higher ed institutions or Sierra Nevada Community College, but to qualify students must pass all areas of their HSPE exam.

Test company errors are too frequent to risk diplomas, college admittance, financial aid, and sustainable workforce/training options and opportunities for productive, contributing lives. The U.S. testing frenzy will test students in the 92,816 American public schools. Students will take at least 45 million standardized reading and math exams in 2005-06. That will jump to 56 million in the 2007–08, when states begin testing science as part of NCLB. Beyond NCLB tens of millions of additional tests assess college hopefuls. High school students take PSATs, SATs, ACTs, honors course qualifying exams, many entrance exams, plus course finals. With stakes so high, errors by test companies have become “an exponentially growing catastrophe.” [James Popham, emeritus professor of education UCLA] consequences.

At least 500,000 people taking tests supplied by the burgeoning $2.8 billion [$500 m from NCLB tests alone in 2005-06] test industry with just five major suppliers from 2000 through 2006—were victims of test company mistakes including tens of thousands of high school seniors wrongfully denied their high school diplomas. The San Antonio, TX division of Harcourt Assessment Inc., a unit of London-based Reed Elsevier Plc and one of the world’s largest test companies, has been cited at least 30 times since since 2000 for testing errors such as improper scoring, faulty instructions, and questions with more than one answer. Harcourt isn’t alone. Other companies are constructing flawed tests, administering them improperly and scoring them incorrectly [sometimes by poorly trained, nearly illiterate hourly workers], according to lawsuits and education department records in 15 states. [D. Glovin and D. Evans, How Test Company Fail Your Kids, Bloomberg Dec. 2006]

Several years ago CA teachers decried the $200 million teacher and school bonus program [under former Gov. Gray Davis] based solely on raising test scores and got it overturned. The controversial program caused ‘bright flight’ of highly qualified, veteran teachers who relocated from poor/minority schools to affluent suburbs where scores were guaranteed to be higher and bonuses higher. Competition, bitterness, defeat, and cheating took place as well. CA teachers stood up and said this program was divisive and corrupt and they could not be bought off so the program ended. Florida teachers recently protested the same type of FCAT score- raising bonus program but their protests were ignored and a bonus program was implemented anyway. These desperate attempts by government interests to raise test scores to avoid sanctions, jobs, public embarrassment, and lowered property values must be stopped.

Our economy, our civility, and mostly our children and future adults are counting on us to get this testing mess fixed with the help of our federal policymakers who we elected.


Please act now.
Send your faxes to Woolsey at [202] 225-5163 and Miller at [202] 225-5609
Please fax me a copy:  415-897-8115 [no cover needed]
I want to take a stack of your faxes to Washington on my next trip.

Thank you from high school students and their parents and their devoted teachers across the nation...

Jo

------------------------
Jo Rupert Behm, M.S., RN
State and Federal Health and Education Public Policy Consultant
Phone:  415-897-2426
FAX:    415-897-8115
email:  jobehm@behmer.us


"Convincing Grown-ups to Enact Responsible Policy and Legislation When Deciding the Future of Children" JRB January, '04