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

[Jo Ann Behm <jobehm@behmer.us>]

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/AR2007031402
741.html?referrer=email
(Dozens in GOP Turn Against Bush¹s 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-outs¹ 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,
²The Paul Wellstone Memorial Amendment² 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, Miller¹s Senior Education Policy Advisor, wanted me to meet with
Jill Morningstar, Miller¹s key staffer with the House Committee on Education
and Labor, because Jill was formerly a lead staffer with Paul Wellstone¹s
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 Scott¹s HR 1513.   I have parent-advocate leaders from Virginia
setting up appointments now to get Bobby Scott¹s support on the new ³Paul
Wellstone² amendment as part of NCLB reauthorization.

In the spring of 2002 I had sent a huge packet of material on California¹s
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 Feinstein¹s 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 ³Paul Wellstone²
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
Miller¹s office and sponsor the ³Paul Wellstone Amendment.²

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 Miller¹s 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 ³Paul Wellstone Memorial Amendment² 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 stakes¹ 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 nation¹s 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 ³zero period² 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 ³Failed² or ³Invalid² on
transcripts and diplomas, denying graduation, handing out worthless
³Certificates of Completion,² 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 ³Millennium Scholarship² 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 2007­08, 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 ³an exponentially growing
catastrophe.² [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 world¹s 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 isn¹t
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
flight¹ 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