Yesterday, lawyers for Governor Dannel Malloy, Lt. Governor Nancy Wyman and Attorney General George Jepsen spent the day in a Connecticut courtroom arguing to a judge in the CCJEF v. Rell School Funding Lawsuit why the state should not be held accountable for failing to provide Connecticut’s children with their constitutionally guaranteed right to a quality education.
We can be sure of one thing. If a Republican governor was engaged in such an unethical and immoral approach to Connecticut’s school funding system, Democratic officials would be leading the demonstrations demanding that the state of Connecticut settle the lawsuit and fulfill their obligation to our state’s children.
But Malloy, Wyman and Jepsen claim the “Democratic Party” label and thus there was nothing but silence yesterday from Democratic Party officials.
Meanwhile, Malloy’s Commissioner of Education is not only preparing to take the stand against Connecticut’s children in the critically important CCJEF School Funding Lawsuit, but she is leading the Malloy/Wyman administration’s inappropriate attack on students, parents and the public school administrators who were honest and truthful, last spring, about a parent’s right to opt their child out of the disastrous Common Core Smarter Balanced Assessment Consortium (SBAC) testing scheme.
Although there is no federal or state law, regulation or legal policy that prevents a Connecticut parent from refusing to have their child participate in the unfair and discriminatory Common Core Testing Program, that truth isn’t stopping the Malloy administration from reaching out to punish the school districts that didn’t “prevent” parents from utilizing their inalienable right to opt out of the testing.
The attack on Connecticut school districts that “allowed” children to be opted out is nothing short of reprehensible and the Malloy administration’s tactics are becoming a national disgrace.
Dr. Daniel Katz is a New Jersey-based educator, university professor, expert on preparing special education teachers for the classroom and a fellow education blogger. From his vantage point, Daniel Katz has been watching Governor Dannel Malloy and his administration’s attack on students, parents, teachers and public education with disgust.
In his latest column entitled, Connecticut Recommends Thumbscrews, Daniel Katz writes;
Connecticut’s Democratic Governor Dannel Malloy does not always grab attention in the annals of corporate education reform. Wisconsin Governor Scott Walker has made battles with public unions more central to his image. New Jersey Governor Chris Christie plainly relishes getting to act “tough” and yell at teachers questioning his agenda. Democratic Mayor of Chicago Rahm Emanuel shuttered 50 public schools, mostly serving ethnic minority children, in one go, without caring to listen at all to the residents of the impacted neighborhoods. Neighboring governor and fellow Democrat Andrew Cuomo of New York staked a huge portion of his agenda for 2015 on ramming through controversial education reforms, and his approval rating both overall and especially on education have tanked in a highly visible manner. Compared to headline grabbers like these, Governor Malloy does not seem to get much attention.
Which is a shame because when it comes to the Holy Trinity of education reform – common standards, standardized testing tied to punitive consequences, and preference for charter schools over district schools, Governor Malloy is the complete package. In 2012, he called for major changes to teacher tenure in Connecticut, earning praise from ConnCAN, an education reform group promoting charter schools. Facing push back from teachers and parents about the pace and nature of education reforms, Governor Malloy was forced to call for a “slow down” in the pace of reforms, especially tying teacher evaluations to standardized test results. $91,000 in campaign donations flowed to Connecticut Democrats from a single wealthy businessman and charter school advocate, Jonathan Sackler, and three members of his family; those donations and others from Wall Street were rewarded with proposals for over $21 million in new charter school funding while public school spending remains flat.
It is pretty clear that Governor Malloy stands shoulder to shoulder with New York’s Andrew Cuomo and Chicago’s Rahm Emanuel even if he prefers to draw less national attention to himself. So it is perhaps not surprising that his education department is contemplating thumbscrews for the Opt Out movement in Connecticut.
Opt Out was not the force in Connecticut that it was in neighboring New York with only 11,200 students not taking the state exams while the state says 267,000 did. However, a number of individual districts did not meet the 95% testing requirement of No Child Left Behind which was continued in the new Every Child Succeeds Acts, and in some districts those numbers were significant. Roughly 7 out of 10 high school juniors opted out in Stonington, and participation fell below 95% in over 30 communities.
This Fall, roughly a dozen states got a letter from Ann Whalen at the US Department of Education, an adviser who is acting as the assistant secretary of elementary and secondary education, reminding them that their districts need to test no less than 95 percent of all students and that the state needs an action plan to deal with those who do not. The letter opens by reminding state chief education officers of the legal requirements to test all children in grades 3-8 and once in high schools, that the examinations must be same for all students, and no student may be excluded from the examinations. Ms. Whalen asserts that the sections of the law she cites “set out the rule that all students must be assessed.” The letter continues to remind the state officers that both their state and local authorities who receive Title I, Part A money assured that they would test all students in accordance with the law. Ms. Whalen also offers “suggestions” for actions state education authorities can take to address participation in the assessments:
- Lowering an LEA’s or school’s rating in the State’s accountability system or amending the system flag an LEA or school with a low participation rate.
- Counting non-participants as non-proficient in accountability determinations.
- Requiring an LEA or school to develop an improvement plan, or take corrective actions to ensure that all students participate in the statewide assessments in the future, and providing the SEA’s process to review and monitor such plans.
- Requiring an LEA or school to implement additional interventions aligned with the reason for low student participation, or even if the state’s accountability system does not officially designate schools for such interventions.
- Designating an LEA or school as “high risk,” or a comparable status under the State’s laws and regulations, with a clear explanation for the implications of such a designation.
- Withholding or directing use of State aid and/or funding flexibility.
Ms. Whalen also reminds the states that they have “a range of other enforcement actions” including placing conditions on Title I, Part A grants or even withholding them. For a real kicker, she goes on to say that if states with less than 95% participation in the 2014-2015 school year do not assess 95% of students this year, then the federal education department “will take one or more of the following actions: (1) withhold Title I, Part A State administration funds; (2) place the State’s Title I, Part A grant on high-risk and direct the State to use a portion of its Title I State administrative funds to address low participation rates; or (3) withhold or redirect Title VI State assessment funds.”
Short version: States with Opt Out numbers that put them or local districts below 95% test participation must bargain, cajole, plead, or threaten districts and schools into making that target. The Federal Education Department has put in writing that not only failure to take action to address low assessment rates, but also failure to meet the 95% target this year, WILL result in some form of punitive action from Washington. Presumably, the degree of the punishment will depend upon how vigorous the state actions are. It is also safe to assume that the Education Department offices in Washington have a new logo:
Connecticut got its own version of this letter from Dr. Monique Chism in the office of state support, and Connecticut’s Commissioner of Education Dr. Dianna Wentzell quietly sent the state’s reply on December 4th, waiting until December 28th to release it to the public. In the letter, Dr. Wentzell assures Washington that although Connecticut met the 95% participation rate statewide, they are “not pleased” that a number of districts did not do so, and the state has devised a tiered intervention system to “ensure that districts meeting the standard are commended, those failing marginally are gently alerted, and those falling behind are strongly reminded of the potential consequences and provided support to remedy the situation in 2015-2016.” In the next school year, Connecticut’s accountability system will “lower a school by one category for low participation rates in the 2015-2016 year.” The system is explained in a graphic:
Districts in Connecticut are now warned: if your test participation rates were below 80% in any category, funds WILL be withheld if this year’s participation rate is not at least 90%.
This remains as problematic as it has been every time the federal government or a state entity has raised it. Yes, it is true that federal law requires that at least 95 percent of all students in all subcategories are tested in the participating grades. Yes, it is true that state and local officials have to do what they can to test the students in the participating grades and have almost no legal authority to exempt any of those students. However, the statute was written to prevent states and local school authorities from hiding low performing student populations from accountability systems. I challenge Dr. Wentzell, Dr. Chism, or Ms. Whalen to find a single line of statutory authority to compel parents to submit their children for examination or to find any legislative intent in the original NCLB legislation or its successor to punish schools and districts for not exerting 95% control of the parents in their district. There have been schools since 2001 who have not managed to test 95% of their students, but there is not a single example of a school being punished for that.
In the end, Connecticut, at the prodding of the Federal Education Department, is setting itself up for an unpleasant confrontation with parents, often parents that elected officials find difficult to ignore, with very shaky legal footing. North Haven High School, for example, had extremely low participation rates on the 11th grade exams. The community also has a median home value $22,000 above the state median and median household income $16,000 above the state median. With only 4% of its residents below the poverty line compared to the state average of over 10% it is unlikely that North Haven’s schools rely significantly upon Title I funds, so it is unclear exactly what money Dr. Wentzell would withhold. However, the loss of any money intended to help children who are in poverty based upon actions of parents rather than upon actions of school authorities is unprecedented, contrary to the intention of any federal and state accountability laws – and far more likely to increase the parental backlash than to bottle it up.
While Governor Malloy, Lt. Governor Wyman and Attorney General George Jepsen don’t face the votes this year, Connecticut’s legislators do. In this battle between the Malloy administration and Connecticut’s public schools, state senators and state representatives would do well to be clear about whose side they are on… Are they going to stand with Malloy or with Connecticut’s students, parents and teachers?