Re: Fwd: RE: [LiteracyForAll] testing and opt-out rights

[Susan Harman <susanharman@igc.org>]

Boycotts will affect the system in two big ways: 1) If more than 5% of  
a school opt out, the school wont make Adequate Yearly Progress, no  
matter what its scores are. And 2) if the only effective way to opt out  
is to keep kids home, the school will lose ADA, which is about  
$40/child/day. Both will get their attention.
Susan

On Tuesday, August 21, 2007, at 02:29 PM, Rich Gibson wrote:

> > Date: Tue, 21 Aug 2007 14:28:56 -0700
> > To: arn-l@interversity.org; ca-resisters@interversity.org
> > From: Rich Gibson <rgibson@pipeline.com>
> > Subject: Fwd: RE: [LiteracyForAll] testing and opt-out rights
> >
> > > As I think Pete knows, IMHO there are no solutions to be found  
> > > within the law, in the long run. The law in capitalist America is  
> > > designed, quite openly, to protect property rights, not human  
> > > rights. The law is a thin veil of verbiage that masks the violence  
> > > behind the social relations that are set up by what really is, at  
> > > base, Masters facing down Slaves.
> > >
> > > Michigan, like Florida, danced all over its own laws trying to  
> > > force, and bribe, (old stick and carrot) kids to take the MEAP, the  
> > > most preposterous of state exams, which is saying something.
> > >
> > > So, the answer to this is, as always, organizing masses of people to  
> > > take conscious direct action in which they learn something about how  
> > > things work, in which they have enough of a strategy to be able to  
> > > reflect on what they did and do it better next time; action that  
> > > builds even a bigger base.
> > >
> > > That means, in my mind, mass boycotts (as mass as possible) coupled  
> > > with freedom schooling (as Kathy Emery has described). Kids will  
> > > learn far more of value in that kind of action than they will in any  
> > > school, behaving normally.
> > >
> > > All that requires organization as well as an organizational ethic,  
> > > so the leaders of the organization and its strategy can be tested in  
> > > practice by its members.
> > >
> > > The same thinking would apply to soldiers today. There is no legal  
> > > or normal way out of their predicament, as participants in a massive  
> > > series of war crimes. What they need to do is the same thing troops  
> > > did in Vietnam: desert, refuse to fight, threaten and act against  
> > > officers who order people into the field, and create an ungovernable  
> > > military. The IVAW, after years of fighting, finally figured this  
> > > out. It is a heartening moment.  
> > > http://news.yahoo.com/s/oneworld/20070820/wl_oneworld/ 
> > > 45361524271187643018
> > >
> > > Of course, what changed the minds of US soldiers in Vietnam was the  
> > > Vietnamese shooting them, in the thousands. That is not happening in  
> > > Iraq, because the military leadership is afraid to take casualties,  
> > > even with a military that thinks, most of it, that it is a volunteer  
> > > force. That may be why it took so long for the IVAW to reach this  
> > > conclusion.
> > >
> > > But, again, it is a hopeful moment, and maybe the IVAW's decision  
> > > will reverberate in schools.
> > >
> > > In any case, it seems to me that the task of academics and  
> > > intellectuals today is not to just construct reason, but to connect  
> > > reason with power. This is a fight, not a discussion or debate.
> > >
> > > best r
> > >
> > > > -----Original Message-----
> > > >  On Behalf Of Peter Farruggio
> > > > Sent: Tuesday, August 21, 2007 1:47 PM
> > > >
> > > > Cc: arn-l@interversity.org; ca-resisters@interversity.org
> > > > Subject: [LiteracyForAll] testing and opt-out rights
> > > >
> > > >
> > > >
> > > >
> > > > OK, here's a civil rights question. Maybe somebody can consult a
> > > > friendly lawyer who specializes in federal education law...
> > > >
> > > > I thought that CA had the parental opt-out provision because such a
> > > > right is guaranteed to families by federal law. Regardless of
> > > > whether a state has explicit language in its ed code to guarantee
> > > > parents' right to refuse to have their child take an achievement
> > > > test, can said state DENY this right? And has this ever been tested
> > > > in the courts?
> > > >
> > > > As for recent graduation tests in high schools (exit exams), several
> > > > states have laws or regulations that explicitly state that a student
> > > > must pass the test in order to obtain a diploma, regardless of
> > > > whether or not the student has met all other graduation  
> > > > requirements;
> > > > but has THIS ever been tested in the courts? Aren't there class
> > > > action lawsuits in preparation somewhere about such denial of  
> > > > diplomas?
> > > >
> > > > So, how much protection for parents is inherent in the Bill of
> > > > Rights, Constitution, fedral case law,etc as far as their decision
> > > > making rights for their children in the public ed system? I know
> > > > that states have already secured the right to mandate such things as
> > > > required attendance in school for all minors and adherence to
> > > > necessary behavior and discipline rules; but WHAT ABOUT ACHIEVEMENT
> > > > TESTING????
> > > >
> > > > This opt-out issue is a big one for us, because it can rally many
> > > > more people to our cause. The mandate that your child MUST take a
> > > > test that has no connection to health and safety smacks of
> > > > bureaucratic authoritarianism (proto-fascism, too) and abuse of
> > > > citizens' rights by big government. Like a friendly "wedge issue" to
> > > > sharpen the contradiction between politicians/corporate execs and
> > > > regular folks, no?
> > > >
> > > > Pete Farruggio
> > > >
> > > > At 08:49 PM 8/20/2007, you wrote:
> > > >
> > > > >Parents in CA can opt out of the tests, because its in the state
> > > > >testing law. In fact, CalCARE is launching a campaign for massive
> > > > >boycotts (by teachers) and optouts (by parents) for the spring.  
> > > > Enough,
> > > > >already.
> > > > >Youre in Nevada, though, right? Check your law. Also check with
> > > > >FairTest; they may have a list of states with optout provisions.
> > > > >Susan
> > > > >
> > > > >On Monday, August 20, 2007, at 05:32 PM, Georgia HEDRICK wrote:
> > > > >
> > > > > > Oh most wise ones!
> > > > > >
> > > > > >
> > > > > > I am reading the Law --as printed on Mother Margaret Spelling
> > > > > > Ed.govsite--and I am getting the impression that ONLY the NAEP  
> > > > test
> > > > is
> > > > > > \u003cspan class\u003dq\>>the test\u003cbr /\>>that parents  
> > > > have the
> > > > > > right to opt out of. Am I correct?...and this is\u003cbr
> > > > > > /\>in\u003cbr /\>>SEC. 411 of NCLB.\u003cbr /\>>\u003cbr /\>>If  
> > > > a
> > > > > > District uses CRTs and not a standardized test, can kids be
> > > > > > mandated\u003cbr /\>\u003c/span\>\u003c/div\>",1] );
> > > > > > D(["mb","\u003cdiv style\u003d\"direction:ltr\"\>t\u003d\u003cbr
> > > > > > /\>>o\u003cbr /\>\u003c/div\>",1] ); //-->the test
> > > > > > that parents have the right to opt out of. Am I correct?...and  
> > > > this
> > > > is
> > > > > > in
> > > > > > SEC. 411 of NCLB.
> > > > > >
> > > > > > If a District uses CRTs and not a standardized test, can kids be
> > > > > > mandated
> > > > > >
> > > > > > to pass that CRT test at 100 per cent by 2014?
> > > > > >
> > > > > > The section --411 again--says that all participation in the  
> > > > NAEP is
> > > > to
> > > > > > be
> > > > > > voluntary. It says that parents are to be notified that any  
> > > > child
> > > > can
> > > > > > be
> > > > > > excused from participation for any reason, is not required to  
> > > > finish
> > > > > > the
> > > > > > test once started and is not required to answer any test  
> > > > question.
> > > > > >
> > > > > > Under the same section it says that the info from the NAEP  
> > > > cannot be
> > > > > > used
> > > > > > for student promotion or graduation purposes. So, exactly what  
> > > > is
> > > > the
> > > > > > NAEP?
> > > > > > Where is it? Who puts it out? Does the gov just randomly float
> > > > around
> > > > > > the
> > > > > > country asking this or that school district to take it?
> > > > > >
> > > > > > So far, I cannot find a part in NCLB that says a kid can opt  
> > > > out of
> > > > ANY
> > > > > > TEST--CRT OR OTHERWISE. Does anyone know a section where it says
> > > > they
> > > > > > can
> > > > > > or is it limeted to the NAEP?
> > > > > >
> > > > > >
> > > > > > HELP=A1!!!!!!!!!! gh
> > > > > >
> > > > > >
> > > > > >
> > > > > > [Non-text portions of this message have been removed]
> > > > > >
> > > > > >
> > > > > >
> > > > > >
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