New Jersey's Insider Special Education Ombudsman

Yesterday, the New Jersey Department of Education (NJDOE) announced the appointment of an acting Special Education Ombudsman. You can read the press release here. It's taken an impressive ten months to fill this position which was officially announced in August 2016 with an Amended Notice of Vacancy (I wrote about that here), having been signed into law by Governor Christie in January 2016. 

When the bill was first introduced in November 2015 by Senator Ruiz to the NJ Senate Education Committee, she did so knowing the Governor would not support a Public Advocate. In other words, there was no support for a truly independent advocate for students with disabilities in the state of New Jersey. Understanding that many families face significant obstacles to identification, evaluation, classification, and placement/services, the Special Education Ombudsman position was created. 

At the time, I plead with the Committee to not create this position if it would only be another roadblock or hurdle for parents and students to navigate. We don't need another office tasked with providing "information" about services. We need someone to enforce the law.

Once the Ombudsman bill was signed into law, I asked to have the position report to somewhere else other than NJDOE. The NJ Department of Justice was floated and ultimately rejected. The position would be in and report to NJDOE. 

Sen. Ruiz said she expected the person chosen to be objective. Great. Glad to hear it. However, anyone who has spent time as a special ed parent or advocate can attest to the difficulty of securing proper services in this state. It doesn't matter what the demographics of the district are, grossly negligent underfunding has impacted everyone. 

In the spirit of Senator Ruiz's intention, an independent and objective person, whom did Kimberley Harrington, Commissioner of Education for the State of New Jersey, choose? Dr. Dolores Walther, an investigator with NJDOE's Office of Special Education Programs (OSEP). While Dr. Walther may be the most competent person on the planet, she is certainly not an independent and objective agent. 

I'm sure to catch a lot of heat for that opinion, but when districts don't fulfill their responsibilities, and OSEP behaves as an agent for the districts, an ombudsman that is and has been a part of OSEP is not going to be helpful to the people who need a truly independent ombudsman. 

Parents and students deserved so much better than this. I certainly hope the next governor will consider a true Public Advocate. 

PARCC Refusals and Doing the Right Thing

Last month, I wrote about some ridiculously punitive actions being taken against students whose parents had refused PARCC and the PARCC practice exercises. You can read about 3rd graders in detention here. As it was last year, as soon as the PARCC testing window began, so did the stories of intimidation by administrators to force students to participate in PARCC. Some examples of last year's craziness can be read here and here.

But what about districts who treat parents and students with just simple, common decency? Fortunately, those stories are out there too. They tend to be quiet. I certainly cannot blame any administrator for not wanting the punitive NJDOE spotlight on them. 

Here are just a few quotes from parents. I am not naming parents, students, or districts on purpose. Thanks to the parents who came forward to share their experiences. I hope their stories serve as examples to follow for the districts who are not treating students and parents like this. 

From Union County:

"I know there are lots of angry posts about treatment by opting out of PARCC, so I'd like to share positive experience... yes I said positive.We have a 4th grader in the XYZ district and we have opted him out of PARCC testing this coming week. We met no resistance from his teacher and none from his principal. In fact, his teacher provided us the following details so that both my son and I could be prepared for the testing week:

1. Exact testing time so that if we wished to bring him to school late we could, but he would be marked tardy for all days late to school (fair enough)

2. Where he would be while testing would be conducted

3. What he would be doing/allowed to do during the testing time: His teacher has gone the extra mile to give him work sheets and assignments on areas that he has needed a refresher on (not busy work) and reading assignments that are aligned with his reading enrichment teacher. In addition he may bring reading material, word searches crossword puzzles etc to do if he has extra time.

4. Pack a snack and a water bottle.

I know this is typically not the norm and I feel that this organization is more on the part of the individual teacher rather than the school administrators, but I appreciate the fact that we were met with zero resistance and so far no unpleasantries from the start of the opt-out process to present. Maybe it's because we discussed this with his teacher first, expressing our concerns about PARCC, then sent an email to both his teacher and principal, and finally the formal written letter as requested by the school.Thank you for letting me share our experience so far..."

From Essex County:

"There are other districts with humane and respectable practices. I live in one. It's important to note that it can be done if the administration is competent, courageous and ethical."

From Somerset County: 

"I have a positive experience with teachers, and administration in XYZ district. I sent written request.. it was approved n teacher told me that the school is having a separate room for opt-outs! Superintendent office tried to non-pushy to tell me why I should opt-in but I said no thanks n they said ok."

From Morris County:

"Positive experience in XYZ district. Even skipped most of the school form they provided (you're supposed to initial next to various statements (I understand and agree that Parcc is not a high stakes test, etc). Last year I attached a second file explaining why I wouldn't initial them. This year I just left blank and waited to see if they pushed back. Received a confirmation email from our elementary principal for our 3rd grader, and a phone call and email from the Asst Super for our 6th grader. I do think the call was in part to feel me out on how confident I was about refusing (just a hunch), but when she said 'I'm calling in regards to your refusal for Parcc for student name removed', I said 'Okay great, thanks' and then she stumbled over some words and said she was calling just to confirm."

From Cape May County:

"Positive experience here as well, in Cape May County. This marks the 3rd year for refusing PARCC (8th, 9th, and 10th grades; both intermediate and high school) and I've had nothing but pleasant experiences. This year, I was actually notified that I could bring my son into school after testing was complete for the day. I enjoyed spending the extra time with him, and driving him into school, for once. 

Everything has always been kept hush-hush in our particular school district and I believe it's because they realize the more resistance the school creates, the more students that figure out you can actually refuse PARCC. Unfortunately, the parents in our district aren't well informed, or simply don't care. I'm not sure which, probably a bit of both? But, each year, my son usually 'spills the beans' and has a couple groups of friends asking me how to refuse PARCC. 

I just simply direct their parents to the SOS, NJ, website to find the pre formatted refusal letter." 

The link to the Save Our Schools NJ (SOSNJ) information about refusing PARCC can be found here. In 2015, 233 districts were handling refusals without incident. SOSNJ created a list which can be found on their Facebook page here. Delran and Bloomfield Boards of Education were early leaders on this.

Our kids deserve more like this. 

If you have a positive story to share, please post in the comments. 

Parents and Teachers, It's Time to Organize

Last month, at the NJEA Convention, Mark Weber delivered the plenary speech. You can read the whole speech here. He called for teachers to organize. Keep in mind this was before Betsy DeVos' nomination for US Secretary of Education (SecEd) and before Jeff Sessions' nomination for US Attorney General (USAG). 

"It is not an exaggeration to say that right now, public education hangs in the balance. Teacher workplace rights are in serious jeopardy. The ability of NJEA to protect the future of New Jersey’s outstanding public education system – by any measure, one of the finest in the world, in spite of this state’s recent abdication of its role to fully fund its schools – is under dire threat.

There is only one course to take: we must organize. We must stand strong, we must stand together, and we must refuse to give into desperation. Our families, our colleagues, and our students have always counted on us when they needed us the most – we must not now, nor ever, stop fighting for them or yes, that’s right, for ourselves."

Yes. Please. Teachers, especially those of you teach in sparkly districts, who have the best resources (comparatively), please start speaking up. If you feel like you can't do it in the district in which you teach, then do it in the one in which you live. 

If you don't already, come to just one State Board of Education meeting on open public testimony days (like the one coming up on January 4th). Or come to just one Assembly or Senate Education Committee meeting when there is a bill that directly affects you or your students. Yes, your state union is there, already speaking up, but I promise, just like with parents, our legislators need to hear directly from you. They do not get that kind of firsthand information from anyone.

Participate when your union asks. Make those phone calls. Write those letters. Numbers do matter. 

To those of you who don't like your union leadership, I urge you to have conversations with them. Tell them what you need from them. Offer to help. Get involved. Hold them accountable. No, you really don't have to agree on everything. If you don't fight back, there won't be a teaching profession. This is not a time to leave it to others. Yes, I know, this paragraph is terribly simplified. This is work. 

I know. It's difficult. It's also necessary. 

Parents, it's not just teachers who need to organize. I know how difficult it is to find the time to participate. I know how difficult it is to put yourself out there and sometimes have to say things that others do not want to hear or acknowledge. I know how easy it is to complain and not actually do anything. I know how easy it is to keep your head down. 

Fight that urge to only complain. Fight that urge to say, "Well, it's not directly affecting my children." Fight that urge to leave it to others. Fight that urge to look away when those who are standing up make you uncomfortable or aren't doing what you only imagine you would do. 

I know. It's difficult. It's also necessary.

Where to start? 

Look in the right-hand column of this blog. There is a list of education bloggers; some are parents, some are teachers, some are education scholars. All are advocates, dedicated to public education for all children. 

Attend your local and state board of education meetings. Go visit your state and federal representatives. Remember, they work for YOU. It doesn't matter if you belong to a different political party. They weren't elected to serve only constituents from their party. It's not that difficult to get appointments. If you can't do that, write a letter. Make a phone call. All of them have staff who work on the issues that are important to you, including education policy. Ask them what they are doing to protect public education for all students. 

It's ok if doing these things makes you uncomfortable. There are many of us who do these things all the time. And, the longer we do it, the more connections we make, and the better we get at it. It's ok if your voice shakes. What's most important is that you find your voice and use it. 



Edited to add: Jessica Smock wrote a piece for Scary Mommy What Outraged Parents Can Do To Defend Public Education After the Confirmation of Betsy Devos, referencing this blog post. Many thanks to Jessica. 

We Must Choose To Do Better

Last weekend I attended the Save Our Schools' Peoples March in Washington DC. Teachers, parents, public education activists, and civil rights activists from all over the country were on the steps of the Lincoln Memorial, on a hot and humid day, to tell the country that we have had enough. I brought my family with me. What better place to have my 17-year-old daughter see, live, participate in a living democracy? What better place to hear, firsthand, people like Jitu Brown and Reverend Barber speak? What better place for her to understand that when your government is not working, when the systems meant lift up all of us - especially public education - are not, then it is not only your right, her right, to speak up, it is also our duty to do so.

It is not radical to speak up. As a country, we've forgotten this. 

The quote above is from Rev. Barber's speech. I wanted to run up and hug him when he said it. It's the reason why I brought my daughter, had her volunteer as an info officer, and had her march with us to the Ellipse. Our children must see us trying. I don't ever want to be that person, have her ever be that person, who saw wrong, complained about it, and then did nothing. 

Silence is not an option. 

New Jersey's Former Standards Are Better Than Common Core State Standards

Drs. Chris Tienken and Eunyoung Kim from Seton Hall University and Dr. Dario Sforza, a high school principal in East Rutherford, NJ, recently published, “A Comparison of Higher-Order Thinking Between the Common Core State Standards and the 2009 New Jersey Content Standards in High School”. You can read their article in AASA Journal of Scholarship and Practice here. There has been "no qualitative analytical research…done to test the assumption that the CCSS are superior to previous state standards in the development of higher order thinking and creativity at the high school level.” 

For those of you unfamiliar with the history of the development of Common Core State Standards (CCSS) and why we and many other states bothered to adopt them has been written about by many people. Among the most in-depth research has been from Louisiana teacher and education researcher, Mercedes Schneider. Read here, here, here, here, and here.   

The basics of the Why are simple. Under NCLB, all students (yes, really, ALL) were required to be proficient in grade level reading and math by 2014. Of course, that’s not possible. It never should have been put into law. Congress should have fixed that long before the looming deadline for compliance. Epic failures all around. 

Essentially circumventing federal requirements, USDOE introduced waivers to NCLB. In exchange for adopting the Common Core State Standards, having testing aligned to those standards, and development of teacher evaluations based on those standardized test scores, states could avoid NCLB penalties. New Jersey signed on, sight unseen. Feeling sick yet?  

Let's be really clear about this. The development of the standards was NOT driven by educational need. It was driven by political need. 

If you take a look at the composition of the work groups who developed the standards, you’ll find only five K-12 teachers out of 101 participants. You will find NOT ONE early childhood development or special education specialist either. You will find lots of people who worked for testing and publishing companies. The final insult was when Sandra Stotsky and James Milgram, both, served on the Validation Committee and are content experts in ELA and math respectively, refused to sign off on the final product. Read about them and their objections here, and listen here.

NJDOE has invested a lot of time and money into pushing CCSS. They have made incredible claims about their value and how much it would propel the children of New Jersey to “college and career readiness,” a term that is still without definition. PARCC, the CCSS-aligned test, was allegedly so good, that when Dr. Tienken asked Bari Erlichson from NJDOE, "Is the test worth teaching to?" Ms. Erlichson replied, "Yes...How many days does it take to get ready for the PARCC exam? 180. That is the length of the school year." This exchange happened at an event in Ridgewood, NJ, in November 2014, hosted by The League of Women Voters. See the entire panel discussion here, their exchange begins at 1:18:34.  

That was incredibly high praise for the assumption of good curricula based on standards that still hadn't been vetted and for a test that NO ONE had seen. 

Last year, Governor Christie announced the creation of a task force to study the Common Core State Standards. They were given a very short period of time to take public input, review each standard, and return recommendations for change. The end result was, as expected, a sham. It’s not a reflection of the time parents and teachers on the task force spent reviewing and revising the standards. It certainly was not a reflection of the testimony provided to the task force, but rather the insufficient time frame for producing standards, a report, and the Commissioner's insistence that it would likely be a just a "tweak." The task force came back with a 15% change in the standards, which, magically, coincides with the requirements of PARCC…anything more than a 15% change in standards would require dropping PARCC assessments. 

I wrote about the composition of the task force here. I still have not gotten an answer to my question regarding PTO participation, in spite of help from State Board of Education President, Mark Biedron. So much for transparency from NJDOE.

So, how did Tienken, Kim, and Sforza evaluate and compare the standards? They used Webb’s Depth of Knowledge (DOK) and you can find an in-depth description of their methodology beginning on page 14, and a description of the four levels of DOK on page 10. Link to their article, again, is here.

DOK levels are described in the article as:

Level 1 Recall: requires “recall a simple definition, term, or fact, or replicate procedure, or algorithm. 

Level 2 Skill/Concepts: students develop some mental connections and make decisions about how to set up to approach a problem or activity to produce a response, apply a recalled skill, or engage in literal comprehension. 

Level 3 Strategic Thinking: engage in planning, reasoning, constructing arguments,making conjectures, and/or providing evidence when producing a response and require students to do some original concepts or draw conclusions. 

Level 4 Extended Thinking: engage in complex planning, reasoning, and conjecturing, and to develop lines of argumentation. Items at this level require students to make multiple connections between several different key and complex concepts, inferencing, or connecting the dots to create a big picture generalization. 

What did the study show? Hope the reformy cheerleaders are sitting down. Keep in mind, they only compared the high school level standards: CCSSe vs. NJCCCS. Are you ready? From page 18:

"Overall, the high school Common Core State Standards in ELA and M contained fewer standards rated at DOK Levels 3 and 4 than the 2009 New Jersey high school standards in ELA and math. That is, the standards that NJ had in place prior to adopting the Common Core provided more of the Level 3 and 4 higher order skills cited in mainstream business and education publication as necessary capabilities for competing in a global economy."

To summarize their findings, pages 18-23:

	Level 1	Level 2	Level 3	Level 4
CCSS ELA	37%	35%	26%	2%
NJCCCS ELA	22%	40%	33%	5%
CCSS Math	19%	71%	10%	Zero
NJCCCS Math	8%	54%	38%	10%

Hmmm...those numbers hardly suggest the far superior product we've been sold. Perhaps most damning in the article is this paragraph on page 26. 

"The results suggest that the previous versions of the NJ high school ELA and math standards included more complex, higher-order thinking and provided more opportunities to practice the types of thinking valued in the mainstream education reform literature as necessary to compete in the global economy. Although some have noted the CCSS as being more difficult than some previous states’ standards, difficulty is not a proxy for creativity and strategic thinking (e.g. Porter, McMaken, & Hwang, 2011). Convoluted prompts and questions and unclear portions of some standards do nothing to foster creative or strategic thinking (Wiggins, 2014)." 

Hard to say where I feel most disappointed. At the local level, I'm really tired of the Kool-Aid laden pep talks from supposed "experts" and "coaches". At the state level, NJDOE and State Board of Education, I'm tired of the gerbil wheel of spin that constantly comes out of their building. I'm tired of them having no accountability. I'm tired of parents and students having no voice. At the federal level, I'm tired of pretty much the same thing as the local and state levels. At state and federal levels I'm appalled at the amount of "philanthropic" money being tossed around and its influence on public policy, none of which addresses the most basic needs of many students.

In March 2014, Kevin Welner from the National Education Policy Center, had this to say about the adoption of CCSS in an article, The Lost Opportunity of the Common Core State Standards: 

"But the unfortunate reality is that whatever its potential benefits, the actual Common Core package will almost certainly exacerbate the policy failures of the past decade. Further, the linking of the Common Core to accountability regimes is a feature, not a bug. It is what was intended from the outset.

Importantly, the status quo approach involves a choice of one set of policies to the exclusion of another. When politicians opt for accountability and market-based privatization policies, they supersede policies that are grounded in best practices — evidence-based reforms that have succeeded in enhancing opportunities to learn.

In doing so, politicians seem willfully ignorant of the direct connection between opportunity and achievement. Our national opportunity gaps lead inexorably to our achievement gaps. Yet the test-based accountability policies still advocated by politicians disregard the opportunity side of the equation. Capacity building and supports are relegated to a small footnote within a long diatribe about mandated performance. The Marie Antoinettes of today proclaim, “Let them take tests,” callously brushing aside the needs of our children for intellectual nourishment."

The machine that churns out the This Is The Best Thing Ever! has to be stopped. Some really basic questions have to be answered. Maybe most important for parents is, at what point did you cede your voice and reason to the snake oil salesmen of college and career readiness? And then, what are you going to do about it? 

Those will be difficult questions for some. I can help with the second question. That one is easy. Opt Out of standardized testing. Stop feeding the machine. Force our legislators and departments of education, and our local districts, to truly create environments where our children can thrive. Please. Our children deserve so much better than this.

Julie Goes to Washington Part 2

Otherwise known as, It Was Supposed To Be Testimony on ESSA, But Really Was Testimony To The Influence of Gates Money. How's that for a title? Perhaps it's a bit wordy. However, it is how it felt walking into that conference room at USDOE on January 11th. If you missed watching the testimony on their livestream, I've posted a link to the day's testimony at the bottom of this post.

The synopsis of most of the testimony was, not surprisingly, test so there is equity, test so students with disabilities and English language learners have their civil rights upheld, test because we need accountability and without testing we won't have accountability, test so we have more data, test so we know which teachers suck, and when all else fails, what the heck, just test some more.

That's your plan? Testing, pseudo-accountability, and test some more? Could anything possibly be lazier? 

I'm going to piss off a few people by what I say next, but here's the deal, standardized tests are not going close educational gaps. It's not a civil right to be tested. If anything, it is a violation of your child's rights to be subjected to these tests especially if they are a student with a disability or/and English language learner. Tests that have not be validated, that are developmentally inappropriate, that serve no purpose other than to rank and sort them, their teachers, and their schools, are certainly not an example of a civil right. It’s more like a violation of FAPE.

It was appalling to listen to the policy directors from The Leadership Conference, La Raza, and MALDEF talk about testing, data, more testing, accountability by using the data collected from the tests. That's the best you can do for your constituents? It is LAZY.

It makes no sense until you look at who contributes money to them. We’re talking about tens of millions of dollars donated to them from The Gates Foundation to specifically push Common Core State Standards and the accompanying tests. I understand they need the money for all the really good work they do for the communities they serve. To say the least, it’s a shame their education policy flies in the face of all that other work.

When it comes to the National Urban League and Business Roundtable, I expect to see the business push. I expect them to be inappropriately forceful about testing and accountability because they very wrongly think they should have a say in P-12 education. Unsurprisingly, National Urban League has taken about $6.5 million from Gates to push their education policy agenda.

Are you seeing the pattern here? Lots and lots of money in exchange for influencing education policy at the highest level. They could have swapped their testimony it was that close in language and nature.

The majority of testimony ignored the very people these educational policies will influence – the children. It was shocking to listen a policy maker from the National Association of Charter Authorizers glibly tell all of us that if a charter school is failing to just close it. That’s it. Don’t have the charter participate in whatever the state’s version of a turnaround program is. Just close the school. I have no particular love of charters, but that statement lacked any recognition of the harm it would bring to the children in that school. This was about a business transaction, not about education, and certainly not about the negative impact of “just close the school”.

So where were the representative voices for the students? The parents? The teachers in the classrooms? Three teacher and two parents are certainly not enough. However, as far as I could tell, we were the only ones not being paid to be there.

When asked what I’d like to see in education policy, I say this, I want policy that is not LAZY. What we have had for 15 years is lazy. Shaping 13 years of a child’s education around standardized tests is lazy. I want to see joy in learning. I want students to be the center of education policy. I want teachers leading the way – they are after all, the people who are the experts. I want to see programs that look like the NY Performance Standards Consortium. I want students to be engaged, love to learn, love to share and demonstrate what they’ve learned. I want existing laws pertaining to special education to be enforced. I want school environments to be inclusive, to the largest extent possible, for all students. I don't think I'm asking for too much.  

  

See the full day's testimony here. Me at 55:00, Jamy Brice Hyde 1:16:23, Marla Kilfoyle 3:20:18, Melissa Tomlinson 4:55:32

Julie Goes to Washington with Jamy, Marla, and Melissa

Last Monday, the US Department of Education held the first of two public testimony hearings on the Every Student Succeeds Act (ESSA). This hearing was held in Washington DC. The next will be in California. Short notice, with release just before the holidays, felt like timing was meant for parents and teachers to miss it. I was not off to a warm and fuzzy feeling about it. 

I didn't see the agenda for the day until after I checked in at USDOE. The speaking order and the approximate times for each of the three sessions were listed. The list of speakers was, predictably, the who's who of education reform -- just off the top of my head, several hundred million dollars or so in Gates funded associations. Disheartening to say the least. From what I can gather, only one other "just a parent" spoke that day and three actual teachers, two from New York (Jamy Brice-Hyde and Marla Kilfoyle) and one from New Jersey (Melissa Tomlinson). 

                                       

                                       

It really was difficult to decide what aspect of ESSA to discuss. From a special ed point a view, ESSA makes NCLB look lenient. The 1% cap on alternate assessments for students with disabilities is particularly cruel. It's also the fuel needed to continue to encourage opting out of these stupid tests. 

I decided, though, to talk about Social Impact Bonds. Sorry if you're getting bored with this topic, but I don't think it can be argued against enough. An experiment, which requires a negative outcome (NOT classifying students) to be considered a success, has no business sitting in the middle of a federal education law. 

Here is my testimony: 

11 January 2016

Testimony on the Every Student Succeeds Act (ESSA) to US Department of Education  

My name is Julie Borst and I’m resident of Bergen County, New Jersey. I am a mother to a 17-year-old student with a disability. I am a parent advocate and an organizer for Save Our Schools New Jersey, Opt Out NJ, and for BATs in Special Education. My comments today are my own. 

I have to admit, it was difficult deciding which section of ESSA to address today. While many are cheering the change from No Child Left Behind (NCLB), I’m feeling much more cautious. As a family, we have not had good experiences under NCLB. It was clearly in serious need of revision, and I don’t believe that ESSA really aleviates the myriad problems with NCLB, particularly for students with disabilities. 

Among the worst, the onerous standardized testing continues. More students with disabilities will be required to take irrelevant, developmentally inappropriate tests. Local districts will continue to waste precious dollars on infrastructure to support these tests, and for what? That’s a conversation that could go on for weeks. Let’s just say, that from where I sit, as a parent and advocate, the tests are a waste of time and money. Well trained, dedicated professional educators are what’s needed. Not more tests. 

However, the reason I’ve come here today is to talk about Social Impact Bonds, otherwise known as Pay For Success (PFS)¹, ESSA page 797, line 17. The current landscape in special education is a dire one. In states like New Jersey, it has become increasingly difficult for parents to get appropriate identification, classification, and services for their children. OSEP and OCR have become yet another roadblock to appropriate services.
I believe the root of that difficulty is money. IDEA is poorly funded, as it has been since its inception. Money now is spent on everything related to high stakes testing – prep, massive curricula changes, computers, infrastructure, and teacher professional development geared to use of that technology instead of honing the skills of their profession.

In New Jersey, there is a more formalized process, Response to Intervention (RtI), on the horizon. A program that will make it even less likely for a student with a disability to get timely identification, classification, and services. There appears to be little, actual focus on identifying learning disabled students as early as possible and doing something about it. 

Preschool, “high quality” preschool, has become the new mantra in that vein. Studies show that high quality preschool can reduce the percentage of the students who go on to kindergarten and are then classified for special education. Those percentages are anywhere from a reduction of 10% to 50% of students who would have otherwise needed special education services. The impact is clearly a positive one. 

It does makes sense to support high quality preschool. What doesn't make sense is for private investors or Wall St. to fund those preschool programs with the aim of making money off students NOT being classified. 

Pay For Success is use of private money invested into public programs, in this case public preschool. The program, first tested in Utah and now in Chicago, was funded by Goldman Sachs. The program in Utah was claimed to have a 99% “success” rate. 109 of the 110 students identified as “at risk” or possibly needing special education, out of a group of 600 preschoolers, did NOT require special education. Goldman Sachs received money back for every one of those 109 students and will continue to do so for every year those 109 students are NOT classified for special education, through 6^th grade. 

To be perfectly frank, this raises a lot of questions. What was the starting criteria for those students? What diagnostic tests did they use? Medical history? Demographics? How many students would have likely had to have special education if they didn't have the "high quality" preschool experience? How many would they expect to classify even with the experience? What is "high quality" preschool? What does "high quality" preschool cost? How much does Utah spend on preschool? What is the threshold that has to be met for Goldman Sachs to earn its money back? Who would have covered the costs is the program “failed”? 

In Utah’s case, only one test, PVVT, was used. It’s not normally used, especially by itself, to identify students for learning disabilities. English language learners typically do not do well on this test because it is vocabulary based. It doesn’t necessarily mean they have a disability. From the outset, the criteria presumed all 110 “at risk”-identified children were going into special education without the high quality preschool. That is not a valid presumption.
There is also the issue of cost. High quality preschool costs are general 3-4 times what Goldman Sachs invested per student. It’s still not clear how the “high quality” label was actually executed, as some of the students were apparently placed in daycare.  

Utah set the rubric, but they also would have had no preschool at all without the program. Why were they allowed to set the bar so low and so obviously skewed to have this as a win for Goldman Sachs? Perhaps more importantly, what is Utah doing to ensure those “success” students were, in fact, properly NOT identified for special education? 

I understand that on the surface Pay For Success sounds wonderful. Public money, that is already so lacking, will not have to be used to fund preschool programs. However, “success” based on a negative outcome of our most vulnerable students demonstrates the loss of our moral compass. 

Pay For Success has no business being in a federal education law. There are too many unanswered questions. Too many ways for this program to go very wrong for our most vulnerable students – especially in the current environment. There is no magic pill to cure learning disabilities, but there are many well-documented, teacher-driven practices to address identification, classification, and delivery of services. We should be concentrating on those, not on making Goldman Sachs richer at our children’s expense. 

¹ p. 797
17 40) PAY FOR SUCCESS INITIATIVE.—The

18 term ‘pay for success initiative’ means a perform-

19 ance-based grant, contract, or cooperative agreement

20 awarded by a public entity in which a commitment

21 is made to pay for improved outcomes that result in

22 social benefit and direct cost savings or cost avoid-

23 ance to the public sector. Such an initiative shall in-

24 clude—

p.7981 ‘‘(A) a feasibility study on the initiative de-

2 scribing how the proposed intervention is based

3 on evidence of effectiveness;

4 ‘‘(B) a rigorous, third-party evaluation

5 that uses experimental or quasi-experimental

6 design or other research methodologies that

7 allow for the strongest possible causal infer-

8 ences to determine whether the initiative has

9 met its proposed outcomes;

10 ‘‘(C) an annual, publicly available report

11 on the progress of the initiative; and

12 ‘‘(D) a requirement that payments are

13 made to the recipient of a grant, contract, or

14 cooperative agreement only when agreed upon

15 outcomes are achieved, except that the entity

16 may make payments to the third party con-

17 ducting the evaluation described in subpara-

18 graph (B).’’;

Marla's Testimony:

Testimony of Marla Kilfoyle

Thank you for allowing me to offer my recommendations and advice on Title 1 of ESSA

My name is Marla Kilfoyle.  I have been a public school teacher for 29 years.  I have taught in Rural, Urban, and Suburban school districts.  I have a Masters in Education and am National Board Certified.  My proudest role, however, is  that I am a mother of a child with disabilities enrolled in public school in New York. 

Here are my recommendations and advice:#1 We need to fund Title 1 with more money.  We have seen, over the last decade, more and more of our children living in poverty.  I applaud that the bill increases funding for key formula grant programs. The increases overall of funding by 2 percent each year in 2018-2020 is hopeful. Increases in Title I ($1.2 billion over the 4 years of the authorization), a more than a 20 percent increase. We applaud the increase in authorizations for Title III (English Language learners), Title VI, American Indian and Alaska Native programs and Impact Aid are excellent. Increases in the Mckinney Vento leave us hopeful that our homeless children will be serviced and supported but we will need more.

#2 I have concerns that “personalized learning “ will be a vehicle for students to be placed in front of a computer screen all day or have them moved out of their public school to a school that is not housed in their community.  This school could be an online learning center or a charter school; both which have been proven not to be beneficial over a strong public neighborhood school.    Why should children have to move out of their community school to be educated?  We need to support strong sustainable public schools in the communities that our children live.

#3 I  am vehemently opposed to testing children each year in grades 3-8 and once in high school.  We are the only nation that demands this of our children.  Grade span testing by random sampling will allow more time for learning.  We have done this successfully using NAEP.  Testing has depleted much needed funds for our children in need.  The only people that testing every year benefits are the testing companies.

#4 I also do not agree that our ENL/ELL populations should be subject to multiple statewide interim assessments during the academic year.  This, once again, results in more testing and less learning for our non-English speakers.  What we are seeing for our ELL students is less time with their ELL teachers in instruction to teach them to speak/acquire the language.  The drive to get them ready for a test at the end of the year that they are not yet ready to take, due to lack of language, is abusive and inappropriate.  Although pushing them into classes with their English speaking peers is excellent, there must also be a balance of making sure that we are giving them the instruction that they need to acquire the English language.  This has been taken away from them in many districts across the nation.

#5 I am opposed to computer adaptive assessments listed in the Act.  I feel that testing and technology companies put together inferior products, sell them to districts to make money and now districts are left with inferior assessments and no money.  I am also opposed to the idea of  ‘innovative assessment system', as outlined in Part B Title 1, that could be used as assessments in school districts.  As educators, we have seen technology companies and testing companies pillage the coffers of public education with products that are inferior and do not enhance teaching and learning.  This is not what America wants for its children.  We do not want our classrooms to become places in which children sit in front of a computer for several hours a day and the teacher becomes just a facilitator.  We see a need for technology and to make sure that our students are using it to enhance learning but it should not replace the human interactions that they need in the classrooms to become productive global citizens.  

 #6  Finally from Part A of Title 1 I feel that allowing alternative routes to certification will only guarantee that our neediest children will get the least trained, for example, Teach for America.  We should require every teacher, in every classroom to be fully licensed and accredited from a strong college education program. 

In closing I would like to take a few moments to also address the letter that the USDOE sent on Dec. 22^nd  to the Chief School Officers in states that had high test refusal rates.  The letter, which threatened to withhold Title 1 money for states with high test refusal rates, was absolutely deplorable.  As Mr. King knows from his tenure in NYS, standing between a parent and the decisions that they choose to make for their children is not a good idea.   To create conditions where a local school district must pressure parents into making decisions they do not want for their child is not good for the positive relationships that school districts need to create in order to work cooperatively with parents. 

Thank you again for your time and consideration. 

The End of Special Education - Part I

This is a post I've put off writing this because the topic is incredibly depressing. Now I've procrastinated to the point where there are several topics to touch upon and will probably split this mess up into a few posts. 

I feel like I'm standing still and the world of education, especially special education and ELLs, is being swept away in whirlwind of incredibly poor policy decisions. (Yes, I know, it's been happening for a long time. I've only been really clued in for the last 5 years or so. Bare with me.) Those decisions have nothing to do with teachers. Nothing to do with students.  

Let's start with the US SecEd Arne Duncan and the changes to regulations that became effective on 21 September 2015. "In order to make conforming changes to ensure coordinated administration of programs under title I of the ESEA and the Individuals with Disabilities Education Act (IDEA), the Secretary is also amending the regulations for Part B of the IDEA."  I wrote tiny bit about it here. 

What he really meant by that was a fundamental change in how special education will be approached: "[ESEA to] no longer authorize a State to define modified academic achievement standards and develop alternate assessments based on those modified academic achievement standards for eligible students with disabilities." In other words, unless the student is severely disabled, students will be able to perform the same as their neurotypical peers with  "High standards and high expectations for all students and an accountability system that provides teachers, parents, students, and the public with information about students' academic progress are essential to ensure that students graduate from high school prepared for college and careers in the 21st century." Add in some unicorn glitter and a miracle, and voila! Instant student with a disability success! Gee, wish I had thought of that. <insert biggest teenager-inspired eyeroll you can muster>

As galling as the basic premise of these changes are, perhaps the worst is the alleged research cited in support of this garbage that is passing for education policy. Fortunately, someone has already taken a very close look at the cited research and published a paper annihilating those citations, Primum Non Nocere: First, Do No Harm. Read it. It is is nothing less than jawdropping in its findings. Remember, the SecEd just removed states' ability to modify standards and testing for students with disabilities. His justification? A meta-analysis done in 2010, based on 70 studies done between 1984-2006. You can read the abstract here. 

The gist of this is that meta-analysis included students in grades 6-12. No K-5 students were included. The students were receiving interventions in science, social studies, or English. The studies looked at seven types of interventions in both an inclusion setting and in a separate classroom. However, "The authors note that only a small number of the studies took place in inclusive classrooms and that previous studies of coteaching in inclusive classrooms have found that the effective strategies investigated in this study are rarely implemented in inclusive settings."  

In other words, the SecEd just changed the basics of special education based on a meta-analysis which the authors specifically say they did not look at special education interventions in a separate classroom and very few were done in an inclusion setting. It does NOT support abandoning alternative standards or assessment. It didn't look at interventions for K-5. Nor at interventions for math. Remember this as Duncan will surely go down in history as the worst SecEd ever. 

P.S. I have to include this gem from the meta-analysis abstract. Understand that meta-analysis is only as good as the research it's based on. So, in 2010, when this analysis was published, this seems wildly inappropriate: "Computer-Assisted Instruction (CAI). The seven studies on CAI programs found computer-based instruction to be moderately effective. However, most studies on CAI were conducted during the 1980s and 1990s; it is not known whether the same results would be found with current CAI programs."  Is it just me? Why the heck would you include seven studies done at least 10 YEARS before, on technology that is changing annually? What is the point of this? Mark Weber? Any thoughts on this? 

P.P.S. The rest of the citations either didn't exist, were paid for by USED, weren't peer reviewed, or the conclusions of the research were limited in scope (even though SecEd cited in support of broader scope).