No on HB118: Just Say No to Legal Bullying Incentives

Contact the Utah Senate Education Committee Members TODAY (Monday, Feb. 18) and ask them to VOTE NO ON HB118.  Please be courteous, put NO on HB118 in the subject line, and write your own letter.  Please do not copy and paste.  They meet at 8am on Tuesday. 

Senator Henderson - dhenderson@le.utah.gov
Senator Davis - gdavis@le.utah.gov
Senator Fillmore - lfillmore@le.utah.gov
Senator Grover - keithgrover@le.utah.gov
Senator Hillyard - lhillyard@le.utah.gov
Senator Millner - amillner@le.utah.gov
Senator Reibe - kriebe@le.utah.gov
Senator Stevenson - jwstevenson@le.utah.gov


#UTPOL #NOHB118

HB118: Incentives for Statewide Assessment Performance is sailing through the state legislature.  The federal government wants 95% of Utah students (and their subgroups: ELL, Special Ed, etc) to take the former SAGE, now RISE/ASPIRE tests as part of compliance with ESSA (remember that federal legislation that everyone said would RETURN power to the states.  Ha!).  

So, in order to help with that federal compliance piece, we want to "help" Utah parents make the "correct" decision, and give them all kinds of reasons to have their kids submit to the federal requirement.  In order to "incentivize" (aka make you comply "voluntarily"), the Utah legislature would like to allow teachers to give course credit for a student taking the state test. A test with no validity, reliability or predictability, that only 15 people have been allowed to see some portion of, but hey, the feds want it, why wouldn't parents want to go along?  

The reason for this is, in part, to not lose federal dollars under ESSA.  However, there is NO RISK of losing federal dollars, and ESSA specifically states that it protect parent rights to opt out:

1111(b)(2)(K): “RULE OF CONSTRUCTION ON PARENT RIGHTS.—

“Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent’s child participate in the academic assessments under this paragraph.”

Some concerns with HB118:

1. Every year, I receive many letters, private messages, texts, and tags on facebook posts from parents who have seen their children bullied for being opted out of state testing.  One young lady, who was quite shy, was told that instead of taking the SAGE test, she would be required to present an oral report in class about why she was opted out of SAGE.  This is just the tip of the iceberg.  Children are having their parents' ideas and opinions on this subject denigrated in class in front of other students.  Without exception, my children have been told, every year, by different teachers in different classes, that their parents do not understand and are uninformed as to the value and benefit of the state tests.  Do we really believe it is correct to undermine parental authority and to alienate child from parent all so a student will contest their parent's decision about a state test?  Is state testing really that important on any level that it demands the mockery of a parent's decision about the best interest's of their child?  Agree or disagree with opting out, mocking a child's parent is completely inappropriate, especially in a state that states a parent is legally the primary person responsible for a child's education and that the state should be "secondary and supportive."  It is currently illegal to incentivize this behavior, as well as to give rewards for testing.  Why would we want to make it legal?

2. Special Ed students (other than the 1% most cognitively disabled) are required to take the state test for their age and not for their developmental level. For example, an 8-year-old who reads on a 1st grade level would take the 3rd grade test.  Because these are "computer -adaptive" tests, some people, mistakenly, believe that they will "adapt" to present First Grade material to the 3rd grader taking the test.  This is not correct.  The 3rd grade test contains only variations on 3rd grade material. So, the child reading at a 1st-grade level, will either just hit submit through the entire test (best case) or will struggle (no time limit) to try to understand things far above her ability.  This will be demoralizing and serve absolutely no purpose. The teacher, parent and everyone else already knows the child doesn't read or do math on a 3rd grade level.  What other information would be gleaned from subjecting this child to that test?  Additionally, I have received reports from Special Ed teachers who have been told they are not to let parents know their children can be opted out. There is great pressure placed on Special Ed to get that 95% participation rate, since they are one of the groups mentioned specifically in the federal law.  Many parents and teachers of students with special needs are greatly relieved when they realize their child can be opted out, under state law, without (currently) any negative consequences to their child or their school.

3. No money at stake.  Utah, originally, requested a waiver from the feds for the 95% participation rate, due to our state law.  Since the feds rejected this waiver, HB118 was introduced to up our participation rate from 94% to 95%, proving that Utah is only a vassal state to the master that is the US Department of Education.  However, in an October State Board of Education meeting, the Board Members were told no money was at stake, and we only need create another line item in our reporting (posted on our website, not sent to the feds) to show the federal calculation along with the state calculation.  Additionally, for those (estimated at 5) schools who fall into the bottom 5% of Title 1 schools due to lower participation rates, the State Board can decide what "remediation" if any is necessary. This way, the state doesn't spend money to "remediate" schools that don't need remediation because their only "flaw" was having more kids opting out than what the feds like.  Here is information from the October State Board meeting on this subject, from Board Member Alisa Ellis: https://youtu.be/nSdQ0jkhiqc

It would be well worth your time to watch the entire segment but if you don't have time here are a couple of places that are critical.Beginning at 6:25-As our opt-out rate increases above the 95% participation threshold, the federal government requires that we change our calculation. In our board meeting the Superintendent estimates about 5 schools would be affected in the state.We would look at the lowest 5% performing schools in the state and then the change in calculation would only occur if any of those schools had more than 5% opt out.It's also important to note that we aren't even required to send the calculations to the Federal government. We simply have to run a report and post it for public consumption.Beginning at 17:50 -I asked if our opt out numbers continue to climb if we are at risk for losing federal $$$. The answer was no.
More information on opting out, nationally, can be found here: http://www.fairtest.org/federal-law-and-regulations-opting-out-under-essa

Write the Senate ed committee members and your senator, as well.  Then share this with every friend and neighbor who wants to maintain parents as primarily responsible for their child's education and to keep bullying of kids who opt out illegal.