Who's Behind the High Achievement NY Curtain?

Education reform group High Achievement NY is at it again, spending hundreds of thousands on a media campaign that includes robocalls to New York State parents, advising them that state assessments are "crucial" for their children's future. They are pushing for "consistent assessments and unified standards." I will move past the distorted facts in their sales pitch, except to mention that they believe tests "fix" the fact that "two-thirds of our students graduate from high school without being ready for college or a career." Really? Two-thirds. Explain to us then please, HANY, why in 2010 nearly 70% of NYS high school graduates went straight into college. Hmm. Add to that the number who take a year off and go to college at a later time. Add to that students like my own son, who got a job straight out of high school but are now going to school nights to get that degree. NY also had four out of the top ten high schools with the highest SAT/ACT scores in the nation. But I diverge...

The purpose of this post is to pull back the curtain and let you know who is funding this massive campaign that aims to fix our "broken" system. Because, you know, it's all for the children. Let's start with their coalition members, beginning with Arva Rice, President and CEO of the New York Urban League, who previously was affiliated with Paul Tudor Jones (yes the hedge fund guy) and his Robin Hood Foundation. 

Then there is New York Campaign for Achievement Now (NYCAN), part of the larger 50-state education reform group. The funding stream for 50CAN includes Eli and Edythe Broad Foundation, Bill and Melinda Gates Foundation, Bush Foundation, JP Morgan Chase, and the Walton Foundation, among others. A veritable who's-who of big money in the education reform game. The NY chapter adds more money from Gates, along with Bloomberg Philanthrophies, Kenneth M. Hirsch and William E. Simon. 

Include Association for a Better New York, founded by real estate tycoon Bill Rudin. Their self-stated goal is to "promote neighborhood revitalization." AKA gentrification. AKA keeping their fingers on the real estate prize in NY.

Coalition member Parents for Excellence in Bethlehem has bought the Common Core Gates funded spin. Co-President Kim Namkoong is a parent, also a mathematician and computer programmer. She is a face for the "How is My Kid Doing?" campaign that is funded by - you guessed it - the Council for a Strong America folks and the Bill and Melinda Gates Foundation. The Bethlehem Parents for Excellence has a lackluster website (a surprise considering Namkoong's stated occupation) that does not list its donors. They advocate for common core and testing.

Membership includes reformy groups Educators4Excellence and StudentsFirstNY. Educators4Excellence, also funded by the Gates Foundation, is comprised of anti-union young teachers, many of whom are alumni of Teach For America.  See ed blogger Jonathan Pelto's research on the group here. StudentsFirstNY is that pro-charter, pro-voucher group that shares its physical address with New York Charter queen Eva Moskowitz' organization. NYS Families for Excellent Schools also shares that same address and is a hedge-funded PAC for education reforms. See Mercedes Schneider's detailed analysis of other HANY funding here.

HANY would not disclose specific information about their finances (shhh) but in 2014 said the bulk of the campaign money was going to come from the Bill and Melinda Gates Foundation and the Helmsley Charitable Trust. Gates and Helmsley have both donated millions to promoting the core. 

All this leaves me asking, why are so many corporate, business, hedge fund, pro-charter groups spending mega-money on a media campaign to promote the Core and the tests? Why do they care "so much" about other people's children? The business and money aspect, the fact that they are investors and market manipulators, gives us a clue. They want a share of the education market, the golden apple of opportunity that our children give them. Mega-money to be made by investing in charter schools, testing corporations, and publishers. Mega-money to be made by data-mining our children and manipulating their desires. Does that sound Orwellian to you? Why yes,yes it does. We cannot let big money have our children. Education policy should be promoted and created by educators, not businessmen. Spread the word.

Refuse the Tests Robocall Campaign

Over the last ten days, I worked with four very dedicated education activists and teachers to crowdsource funds for a robocall to all NYS parents.  We were successful, and believe it has had an impact on the number of last-minute test refusals that came into schools on April 13th as well as those that came in on the day of the ELA test, April 14.  The following is the campaign's final press release.  For more about our process, visit our guest blog on Anthony Cody's Living in Dialogue.

A small grassroots committee of education activists, teachers, retirees, parents and grandparents raised nearly $17,000 in only ten days to pay for a robocall that informed parents that they have the constitutional right to refuse Grades 3-8 state tests.  Two different versions of the robocall were delivered on Sunday, April 12th.  State English Language Arts tests begin on April 14, and math tests that will begin April 22.   

Zephyr Teachout, a Fordham law professor and candidate against Andrew Cuomo in the last gubernatorial primary, recorded the message in English.  In order to reach the large Hispanic and Latino population of the state, Aixa Rodriguez, an educational activist and high school teacher, recorded the message in Spanish. The results of a poll taken at the conclusion of the call indicated that more than 50% of parents who responded intend to refuse the tests.

Last year, more than 60,000 parents across New York State “refused” their children out of testing.  This year, tens of thousands across the state have expressed their concern about the increasing emphasis on tests that are ruining the education of their children, but many parents do not know they have the right to refuse testing.  Supreme Court cases have upheld this right that is based on the 14th Amendment of the Constitution, stating in the case of Meyer v. Nebraska that parents possess the “fundamental right” to “direct the upbringing and education of their children.”  

Some school districts respond to parents with confusing information that can be interpreted as threatening and punitive, as well as intentionally misleading. Letters to parents often claim that if the school does not achieve 95% student participation on the test, their school district will incur loss of funding. Ken Wagner, Senior Deputy Commissioner of NYSED, admitted in a television interview that those penalties would not occur for “several years.”  Parents in many districts are given inconsistent information on the effect test refusal has on selection for alternative instruction services (AIS) or other programming.  NY State Part 100.2 regulations allow individual school districts to “develop and maintain on file a uniform process by which the district determines whether to offer AIS…,” and these procedures can be different in every school district. State regulations do not discuss test refusals resulting in the mandated provision of AIS, or the elimination of students from other programming.   

Many districts mislead with semantics, telling parents that there is no “opt-out” provision for the tests in NYS.  In reality, parents always have the right to refuse the tests for their children.  A test refusal is scored as a “No Score - Code 999” on the test, and has no repercussion on the student, the teacher, or the school.  Though school districts like to be informed ahead of time so that they can make alternate arrangements for students, test refusals can be made right up to the day of the test.  

The tests themselves are designed for failure, calibrated to an SAT score of 1630, with “passing” cut scores adjusted after the tests are scored.  Literary analysis indicates that test reading passages and questions are often three grades beyond the age of the children.  “Equally plausible” answer choices (favored by the Pearson tests), require abstract thinking, a cognitive skill that usually does not develop until age 12.  70% of New York State children fail these tests.  Only 5% of students with identified cognitive disabilities, and 3% of English language learners, achieve proficiency on the tests. Test scores are negatively correlated with zip codes, with impoverished communities having higher failure rates. The result is that teachers lose their jobs, and schools are wrongly declared failures, while the real issue confronting schools in trouble is poverty and lack of funding.  The ultimate goal of the Governor’s “reforms” appears to be the replacement of public schools with for-profit charter schools.  

Children are the pawns in this political game, and their education is short-changed.  In his zeal to “break the monopoly” of public education, Cuomo’s education “reforms” double down on testing by weighting test results more heavily in teacher evaluations.  This will surely force even more test preparation as teachers fight to keep the careers they worked hard to establish.  As creative and authentic types of instruction are lost to testing, our children lose their self-confidence along with their enthusiasm for learning.  More class time is now devoted to practice for testing with workbooks and worksheets, instead of authentic learning through projects, experimentation, and constructive inquiry.  Music, art, social studies, enrichment, and science is crowded out to make more time for language arts and math, the only two subjects that matter on the tests.

Eric Mihelbergel of the New York Allies for Public Education (NYSAPE) believes that test refusals may double or triple this year.  A large increase in refusal numbers will send a powerful political message to New York State, as well as to our federal government, that parents will no longer allow their children to be used as a profit market for testing corporations, politicians, and government bureaucracies.  For more information on refusing tests, visit www.facebook.com/NYSmorethanatestscore or www.nysape.org.

Refuse the Test

When I was in third grade, I took the Iowa standardized tests.  Within a short amount of time, we received the results in a teacher-parent conference.  Because my mom was told that I needed "a challenge," she immediately bought me the Encyclopedia Brittanica.  I read them for hours, lingering on zoology, nature, and history entries.  When my interest started to wane, a set of Greek Mythology books appeared.  I spent hours curled up in a chair, reading and pondering each myth.  Then, a set of classics – Tom Sawyer, Black Beauty, Little Women, Treasure Island, and others…all books that broadened my world and my background knowledge.  I was given access to a typewriter so I could write my own newspaper.  My zest for learning, reading, and writing exists to this day.  My guess is that little of that would have happened at home without the feedback that was received because of a standardized test.  It quite possibly changed my life.

Fast forward to today, because the tests our children take in school are nothing like the Iowa’s.  Here are my best reasons (there are lots more) why refusing the test is the right thing to do, for your student, for your schools, and for the teachers in our state.  

#1.  Analysis of the text and questions on the Pearson-created exams show that reading lexile levels are sometimes three, four, or five grades beyond the student's age.  Kevin Glynn, a former test developer with Pearson and NYSED, does an outstanding assessment of third grade ELA tests here.  Russ Walsh, a literacy expert, has found similar reading levels on the PARCC ELA and math tests.

#2.  According to a teacher test instruction manual on the EngageNY website, questions for the third-grade ELA test are written with "equally plausible" answer choices.  What that means, is that students have to use abstract reasoning skills to discern between answers to pick the "one best choice."  Cognitive research based on the work of Jean Piaget states that abstract reasoning does not develop until age 12.  Simply, these type of questions are not developmentally appropriate for those under 12.

#3.  Even if the tests were written fairly and on grade level, which they are not, there is the huge matter of cut scores being manipulated.  According to a letter written by 500 New York State principals, "New York State Education Department used SAT scores of 560 in Reading, 540 in Writing and 530 in mathematics, as the college readiness benchmarks to help set the “passing” cut scores on the 3-8 New York State exams. These NYSED scores, totaling 1630, are far higher than the College Board’s own college readiness benchmark score of 1550. By doing this, NYSED has carelessly inflated the 'college readiness' proficiency cut scores for students as young as nine years of age."

As if that were not enough, cut scores are manipulated after the tests are scored to give the state the results they want.  John King announced in 2012 that 70% of students would fail the test, and after cut scores were set, that's what he got.  Last year, cut scores were adjusted downward very slightly in order to show a small amount of "improvement" from Common Core reforms.  The bell curve that they use to set these scores means that NO MATTER HOW WELL STUDENTS DO, there will be a bottom standard deviation, a middle (which is the average), and a top.  Even if all students scored above 90 on the tests, they would still rank them with a bottom 16%.  And NYSED adjusts that bell - to get the deviations they want.  The main point, is that scores are worked by NYSED to prove whatever they want them to prove.  And right now we seem to have a governor and a State Education Department, that want to prove public schools are failing, so they can privatize and push their charter school agenda.  

#4.  There is no transparency.  Pearson protects the questions to maximize their profit, even though NYS has paid for the questions.  A test cannot be valid without transparency.  A test cannot "inform or assist instruction,” if the item analysis is never given to teachers.  Test creators cannot be held accountable for poorly written questions and misleading answer choices if we never see the questions.   Anyone who tells you that these tests are to help your teachers teach students better, is blowing hot air.  It is simply not true.

#5. Pearson embeds product placement within the tests.  New York State Ed claimed this was because they were “authentic text.”  Not true.  I did research on the 2012 exams that proved a financial interest between Pearson and the companies that were mentioned.  The product mentions are disjointed and do not flow with the text.  Have you ever read a children’s story where the waiter dropped MUGS Root Beer?  No. 

#6.  According to the NYSED ELA Educator Guide, provocative and "emotionally charged" passages are used in the tests.  Normally, a teacher would have a class discussion around such passages and help students to analyze various perspectives and come to an understanding about the meaning of such literature. Our State Ed Department, however, has a gag order preventing teachers from discussing questions, even after the test is completed.  What this means, is that students never get to ask questions about this content and therefore never get a chance to pursue full understanding.  This has the potential for skewing student opinion and could potentially be manipulated for a political purpose.  We have a right to know what our students, the captive audience, are being led to believe.

#7.  Students are being data mined by the tests.  As students complete the tests, personal information, and each click during the time they are online, records data points on the student.   In OH in 2013, the state contracted with PARCC and that contract allowed PARCC to ask personal noneducational questions about the lives of students.  Questions like, “Does anyone smoke in your house?”  Or “Do your parents get along?”  True this is an extreme case, but federal FERPA laws are being weakened to allow data collection on children, and the sharing of that confidential information to “third parties."  Pearson also apparently monitors the social networks of students before, during, and after the test to check for “test breaches” or “brand mentions,” as apparent during a recent event in NJ. This is not okay. 

#8.  The tests are too long.  NY Reading and Math tests in 2014 took about 7 hours.  In comparison, the GRE and SAT takes less than 4 hours, and the MCAT for medical school – about five hours.  Test fatigue becomes a factor in student performance.  The length of the exams also leads to greater student stress.

#9.  Teachers are unfairly assessed using test results, and according to Cuomo's education reform proposals, may lose their jobs if rated "ineffective" for two years in a row.  These assessments are produced using what is called VAM - Value-Added Measurement.  VAM has been called "junk science," and has been criticized by the American Statistical Association and in a joint statement by the American Educational Research Association and the National Academy of Education.  Fully one-third of teachers vacillate from one effectiveness rating to another, from year to year.  There is no rhyme or reason to the outcomes, and it does not do the job of giving verifiable feedback regarding a teacher's aptitude for their job.  Our best knowledge tells us that teachers have at most, only a 1-14% influence on standardized test results of their students.  VAM results are highly correlated with the poverty of the district, with teachers in impoverished communities receiving the lowest evaluations. Teachers most at risk of being fired based on faulty test scores, are those who are most needed - special education, teachers of English Language Learners, and of course, teachers in impoverished communities.  What new teacher will want to go into these jobs, knowing they have absolutely no job security.

#10.  Schools are labeled failures and targeted for takeover by the state, absolving locally elected boards.  School districts that have been taken over in other states have been doled out to for-profit charter investors, with little oversight or accountability.  There are many cases of charter fraud nationwide.  Cuomo's plans for "receivership," will eliminate local control.

#11.  As teachers strive to retain their jobs, more and more emphasis will go to test prep, reducing the amount of time that students can be engaged in projects, authentic assessment, and creative activities.  What do you remember most about school?  Taking a test, or perhaps a medieval fair your class acted out?  Sadly, there is little time left in the schedule for the all-day learning and enrichment experiences that my own now-grown children have as memories.  Test prep is crowding out the humanities and arts - social studies and even science are relegated to second or third fiddle status, with classes usurped for the almighty test prep.  Life is more than just ELA and Math.  So much more. And our children are missing out.

#11.  Perhaps the most compelling reason in my mind – and I think about my grandchildren – is the emotional/psychological component.  What does it do to our youngest learners to sit and take a test that is much too difficult for them?  Children know when they “don’t get” something.  Do they feel like failures?  Do they feel like they are letting their teacher or the school down?  Do they blame themselves and believe they “aren’t smart enough?”  These are questions that I know are first in the minds of parents and grandparents, because we want our children to grow up as confident learners who know they can grow, and who have the motivation to try.

For all these reasons and many more, REFUSE THE TESTS.  Starve the beast.   It may be our one best hope for our public schools and our children.  Write a letter, and/or send a note in with your child stating that they refuse the test and their test should be scored as a "999" refusal.  For more information, and forms, visit NYSAPE.